Understanding the Recognition and Enforcement of Foreign Arbitral Awards in Turkey

Written by: Attorney Yaz Alibaşoğlu | YAZ LEGAL STUDIO

In today’s globalized business world, arbitration is a popular method for resolving international disputes. However, for a foreign arbitral award to have legal effect in Turkey, it must go through a recognition and enforcement process. This blog provides a simplified explanation of how this works under Turkish law.

Recognition vs. Enforcement: What’s the Difference?

• Recognition means that a foreign arbitral award is accepted as legally binding in Turkey without necessarily being enforceable.

• Enforcement refers to granting that award the same effect as a Turkish court judgment—enabling actual execution (like seizing assets).

In short, recognition is about validity, and enforcement is about action.

Legal Framework in Turkey

The recognition and enforcement process is mainly regulated by:

1. The New York Convention (1958)

2. Turkish Code on International Private and Procedural Law (No. 5718 - MOHUK)

Turkey prioritizes the New York Convention when applicable, but falls back on MOHUK for non-member countries.

Requirements for Recognition

For a foreign arbitral award to be recognized in Turkey, it must:

• Be final and binding in the country where it was made.

• Not contradict Turkish public policy.

• Be made through due legal process.

• Concern a subject matter that is “arbitrable” under Turkish law.

The application must be submitted to the competent Turkish court, along with properly certified translations and documentation.

How Enforcement Works

After recognition, enforcement is the step that allows the award to be executed like a local court ruling. The process includes:

• Filing an application in a Turkish civil court of first instance.

• Providing original or certified copies of the award and arbitration agreement.

• Paying court fees and possibly posting a security deposit.

Once granted, the award becomes enforceable, and legal mechanisms like asset seizure can be used.

When Can Enforcement Be Refused?

Enforcement may be denied if:

• The award is not final.

• There were procedural irregularities.

• The arbitration agreement is invalid.

• The matter cannot be resolved through arbitration under Turkish law.

• The award contradicts Turkish public policy.

These are consistent with both the New York Convention and Turkish law.

Final Thoughts

Turkey, as a party to the New York Convention, provides a generally arbitration-friendly environment. Still, foreign parties must carefully navigate legal requirements to ensure successful recognition and enforcement of arbitral awards.

If you're dealing with a foreign arbitral decision and need to enforce it in Turkey, consulting a lawyer with expertise in international arbitration is highly recommended.