The Competent Court For Granting Interim Relief Following An Enforcement Decision

1. Introduction

The enforcement of foreign court judgments and arbitral awards in Turkey is contingent upon an enforcement decision to be rendered pursuant to Articles 50 et seq. of Law No. 5718 on International Private and Procedural Law ("PIPL"). While finality is generally not a prerequisite for the enforcement of foreign judgments, a distinct legal framework applies to enforcement decisions themselves. Specifically, the mere acceptance of an enforcement request by the court of first instance does not suffice; under Article 57(2) of PIPL, the enforcement decision must attain finality before the foreign judgment can be executed.

Until the enforcement decision regarding a foreign court judgment or arbitral award becomes final, applications for interim measures and provisional attachments play a critical role in preserving the creditor's rights. Turkish law imposes no temporal limitation on when such protective measures may be requested; they may be sought at