Enforcing a Foreign Arbitral Award in Türkiye Under the New York Convention

If you hold an arbitral award against a debtor with assets in Türkiye, you cannot simply send a bailiff to collect. You first have to ask a Turkish court to recognise and enforce the award — a step the law calls enforcement (tenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary →). Because Türkiye is a party to the 1958 New York Convention, a Turkish court will, as a rule, give effect to a foreign award and may refuse only on a short, closed list of grounds. This guide explains the court action, the documents you must file, and the limited reasons a Turkish judge can say no. It is general information for foreign creditors, not legal advice on your specific award, and it never promises a particular outcome.

Why a foreign award must be enforced before you can collect

An arbitral award handed down in London, Paris, Geneva, Singapore or anywhere else is binding on the parties, but it is not by itself something a Turkish bailiff can act on. Before you can seize a bank account, attach receivables, or sell property in Türkiye, a Turkish court must turn the foreign award into a domestically enforceable title. That step is called enforcement, and in Turkish practice it is known as tenfiz.

There are two related concepts. Recognition (tanımaTanımaRecognition of a foreign judgment in TürkiyeThe court decision that makes a foreign judgment legally effective in Türkiye as proof — without, by itself, making it enforceable.Glossary →) means a Turkish court accepts the award as final and binding for its legal effects — useful, for example, to block the same dispute from being re-litigated. Enforcement (tenfiz) goes one step further: it makes the award collectible through Turkish debt-enforcement proceedings (icra). A creditor who wants money usually needs enforcement, not just recognition.

The enforcement (tenfiz) action: which court and how it works

Enforcement is not automatic and it is not an administrative formality — you bring a court action. You file a petition asking the competent Turkish civil court to recognise and enforce the foreign award against the debtor.

The competent court

Jurisdiction is set by MÖHUK. In broad terms the action is brought before the civil court of first instance that has jurisdiction over the debtor — for example, the court of the place the parties agreed on, or where the debtor is domiciled or resident, and failing that where the assets to be enforced are located. Because the correct court depends on the facts of your case, this should be confirmed for your specific debtor rather than assumed.

What the court does — and does not do

This is the most important point for a foreign creditor to understand. The Turkish court conducting the tenfiz review does not re-try the dispute. It does not ask whether the arbitrators reached the right commercial result, weighed the evidence correctly, or applied the contract properly. There is no review of the merits (révision au fond). The court's role is limited to checking whether one of the closed grounds for refusal under the New York Convention is present.

The debtor's role

The debtor is given notice and can appear to oppose enforcement, but the debtor may resist only on the listed refusal grounds — and for most of those grounds the burden of proof sits on the party opposing enforcement, not on you. After a first-instance decision, the losing side can pursue the ordinary appeal routes under Turkish procedure.

Documents you must file with the petition

The New York Convention and MÖHUK set out the core documents that must accompany your enforcement request. Getting these right at the outset avoids delay and avoidable objections.

• The arbitral award. The authenticated original of the award, or a duly certified copy of it.
• The arbitration agreement. The original arbitration agreement or arbitration clause, or a duly certified copy — this is the document showing the parties agreed to arbitrate.
• Sworn Turkish translations. Certified Turkish translations of both the award and the arbitration agreement, because the proceedings are conducted in Turkish.
• Authentication. The documents generally need to be authenticated for use in Türkiye. Where the country of origin and Türkiye are both parties to the Apostille Convention, an apostille is typically used; otherwise consular legalisation may be required.

The limited grounds on which a Turkish court may refuse enforcement

Article V of the New York Convention contains a closed list of grounds for refusing enforcement. If none of them applies, the court should enforce the award. The grounds fall into two groups: those the debtor must raise and prove, and those the court may consider on its own.

Grounds the debtor must prove (Article V(1))

• Invalid arbitration agreement. A party to the arbitration agreement was under some incapacity, or the agreement is not valid under the law the parties chose (or, failing a choice, the law of the seat).
• Due-process failure. The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the proceedings, or was otherwise unable to present its case.
• Excess of mandate. The award deals with a dispute not contemplated by, or not falling within, the submission to arbitration, or contains decisions on matters beyond the scope of what was submitted.
• Irregular tribunal or procedure. The composition of the tribunal or the arbitral procedure did not accord with the parties' agreement or, failing such agreement, the law of the seat.
• Award not yet binding, or set aside at the seat. The award has not yet become binding on the parties, or it has been set aside (annulled) or suspended by a competent authority of the country where it was made. Where a Turkish-seated award is concerned, set-aside is governed by the International Arbitration Act No. 4686 and is subject to a strict statutory time-limit.

Grounds the court may raise on its own (Article V(2))

• Non-arbitrability. The subject-matter of the dispute is not capable of settlement by arbitration under Turkish law — for example, certain matters reserved to the courts.
• Public policy (kamu düzeni). Recognition or enforcement would be contrary to Turkish public policy. Turkish courts apply this ground narrowly: it is reserved for awards that genuinely offend fundamental principles of the Turkish legal order, not as a back door to re-examining the merits.

Time, cost and what a creditor should plan for

Two practical questions come up immediately: how long, and how much.

Timing. An enforcement action takes time — it is a court case, with notice to the debtor, a hearing or hearings, and the possibility of appeal. There is no fixed statutory countdown that guarantees a date, and the schedule depends on the court's docket and whether the debtor contests. Plan for a process measured in months rather than weeks, and longer if the debtor appeals.

Cost. Court fees, sworn translation, authentication and legal representation all apply. Court fees in Türkiye are set by law and change periodically, so any figure should be confirmed at the time of filing rather than assumed from an older source.

How a Turkish law firm supports cross-border creditors

Enforcing a foreign award is a documents-and-procedure exercise as much as a legal one, and small errors are costly. A Turkish lawyer acting for a foreign creditor typically helps you: confirm the competent court and the debtor's assets; assemble, certify, translate and authenticate the award and arbitration agreement correctly; file and run the tenfiz action; respond to any refusal arguments the debtor raises under Article V; and, once you hold an enforceable decision, open and manage the icra proceedings to collect.

Lexin Legal advises foreign businesses on cross-border disputes connected to Türkiye, including the recognition and enforcement of foreign arbitral awards. Every award is different, and nothing here should be read as a prediction that a particular award will or will not be enforced. If you are holding an award against a Turkish-connected debtor, the practical first step is a review of the award, the arbitration agreement, and where the assets sit.