Cross Border Disputes in Turkey represent a challenging aspect for foreigners working and living in Turkey. It is beyond doubt that there are several types for any cross-border issue in Turkey. It requires the involvement of different parties residing in different jurisdictions.
Introduction
The present article will shed light on cross-border disputes in Turkey including but not limited to commercial conflicts, family and divorce issues, inheritance and asset-related disputes and arbitration. All matters associated with public law will totally fall within the outside of the available article.
What is meant by cross border disputes in Turkey?
Cross-border disputes is used to refer to legal conflicts between parties living in different jurisdictions. Since the present article will focus on Turkey as a jurisdiction, it will be assumed that one of the parties is in Turkey.
The Act on Private International and Procedural Law (Numbered 5718) is applicable to all private law relations containing a foreign element, the international jurisdiction of Turkish courts, the recognition and enforcement of foreign judgments, and international procedural law shall be governed by the provisions of this Law under Article 1.
What are core types of cross border disputes in Turkey?
Contract Law-Related Disputes and International Commercial Disputes
Businesses and individuals enter into a wide range of contractual arrangements. Common examples include commercial agreements including agency and franchising contracts, employment contracts, real estate arrangements, and partnership arrangements.
It is significant to indicate that each type of contract is subject to specific legal requirements designed to safeguard the rights and obligations of the parties involved. For this reason, companies operating or investing in Türkiye frequently rely on experienced contract law practitioners to structure, draft, and manage their agreements in accordance with both domestic legislation and applicable international standards.
Considering Türkiye’s strategic geographic position and its expanding commercial environment, foreign investors and international companies often require tailored legal support in contractual matters. Whether establishing joint ventures, negotiating supply and distribution agreements, or preparing franchise and licensing arrangements, working with a legal team experienced in Turkish commercial contract practice helps ensure that business transactions are structured in a legally secure and commercially efficient manner. Professional legal guidance enables companies to minimize legal risks while building sustainable and long-term commercial partnerships.
The preparation and review of a broad spectrum of commercial and corporate agreements is a particularly sensitive and highly regulated area involving the drafting of employment agreements in full compliance with Turkish Labour Law. This field requires careful legal assessment and constitutes a key component of our firm’s employment law practice.
For more information take a look at our article on Contract Law
International Arbitration Disputes
Under Article 60 of the Turkish Act on Private International and Procedural Law (Law No. 5718), final foreign arbitral awards are eligible for recognition and enforcement in Türkiye. Enforcement proceedings must be initiated through a petition filed before the Court of First Instance designated by the parties in writing. Where no such designation exists, jurisdiction is determined by the domicile of the party against whom enforcement is sought in Türkiye, or, failing that, by the person’s habitual residence, and ultimately by the court where the assets subject to enforcement are located.
International Mediation Disputes
Turkey adopted the Law (No:7282) approving the ratification of the Singapore Convention on Mediation. Turkey is, therefore, a party to the Convention. You can check out a comprehensive analysis of the application of the Convention: A Brief Analysis of the Singapore Convention
Recognition and Enforcement of Foreign Arbitral Awards and Foreign Judicial Decision
Recognition and Enforcement of Foreign Judgments and Arbitral Awards is possible under Article 50 of the Act on International Private and Procedural Law (Law No. 5718).
n accordance with Article 51, enforcement and recognition of foreign judicial decisions and arbitral awards depends mainly on the judgment of Turkish judicial authorities. From the procedural aspects,
- the Courts of First Instance (Asliye Hukuk Mahkemesi in Turkish) shall have jurisdiction over enforcement decisions,
- the decision must be related to a civil lawsuit.
- the decision must be finalized.
For more information take a look at our article on Enforcement of Foreign Arbitral Awards in Turkey
Family and Divorce Disputes
There are two main types of divorce under Turkish law:
- contested divorce
- and uncontested (consensual) divorce
In both procedures, when spouses disagree on key matters such as property division or child custody and asset division, it can be lengthy and emotionally charged, requiring strong legal advocacy. According to Article 14, the grounds and provisions for divorce and separation shall be governed by the common national law of the spouses. But if the spouses have different nationalities, the law of the place of their common habitual residence, in case of absence of such residence, Turkish law shall govern. That is the case for demands for maintenance between divorced spouses and custody issues.
For more detailed analysis take a look at our practice area Divorce Proceedings in Turkey
Intellectual Property Disputes
Where amicable resolution is not achievable, litigation becomes inevitable. Intellectual property disputes in Türkiye are adjudicated before specialized Civil Intellectual Property Courts. Our litigation team has extensive experience representing clients in complex and high-value disputes before these courts.
For more information you can read over our articles from our practice area: Intellectual Property
Infringement Actions
We initiate legal proceedings to obtain preliminary injunctions aimed at immediately halting infringing activities, securing the seizure of infringing goods and machinery, and pursuing claims for both material and moral damages against trademark infringements.
Invalidity and Cancellation Actions
Where a trademark or patent has been registered in bad faith, or where a registered right has not been genuinely used for a continuous period of five years, we initiate invalidity or cancellation proceedings to remove unjustified registrations and safeguard our clients’ commercial interests.
Unfair Competition Claims
Even in the absence of registered intellectual property rights, we rely on the unfair competition provisions of the Turkish Commercial Code to challenge misleading commercial practices and prevent conduct that may create confusion among consumers.
Dept Collection Disputes
When out-of-court collection efforts in Türkiye do not yield results, creditors must move to formal enforcement mechanisms. It is helpful to conisder that debt recovery in Turkey is principally governed by the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu – Law No. 2004 in Turkish). The said text establishes the procedural framework through which creditors may compel payment and enforce their claims against debtors.
Under Turkish law, creditors generally have two primary legal avenues to pursue outstanding debts:
1. Execution Proceedings Without a Judgment (İlamsız İcra Takibi in Turkish)
This is the most commonly used and fastest enforcement mechanism, particularly suitable for debts supported by written evidence including but not limited to invoices, commercial agreements, or receipts, banking payment documents. In this procedure, the creditor may initiate enforcement directly before the competent Enforcement Office (İcra Dairesi in Turkish) without first obtaining a court judgment. The office issues a payment order to the debtor, and the process proceeds swiftly if the debtor does not file an objection within the statutory period. In the existence of any objection, after mediation, the creditor should bring a case this time before the Court to remove the objection. At the end, the creditor needs to initiate a follow up procedure based on a finalized judgment in favor of himself|herself.
2. Execution Proceedings Based on a Judgment (İlamlı İcra Takibi in Turkish)
As clearly noted above, this route becomes relevant where the claim is contested, requires judicial review, or has already been confirmed by a final court decision. In such cases, the creditor must first obtain a favorable judgment from the competent court—typically a Commercial Court for commercial disputes. Once the judgment becomes enforceable, it serves as the legal basis for initiating enforcement proceedings, including asset seizure (haciz) and other compulsory collection measures. Compared to non-judgment enforcement, this path is generally longer and procedurally more complex due to the preceding litigation phase.
For more information you can read over our articles from our practice area: Debt Collection in Turkey
Conclusion
It is worth reiterating that cross border disputes in Turkey may arise from commercial and individual relationships spanning multiple jurisdictions. These disputes often require the application of private international law principles to determine jurisdiction, applicable law, and the recognition or enforcement of foreign judgments or arbitral awards.
