Recognition and Enforcement

It is true that disputes are resolved by the courts authorized by the countries where they arise, but in today’s world, a number of regulations have been introduced to ensure that the solutions foreseen for inter-country disputes can also be implemented in the countries of the parties. International law accepts this to avoid problems in international relations. Local authorities applying recognition and enforcement can ensure that decisions taken abroad are implemented in their own country, provided that they determine the legal conditions themselves.

The law to be applied in transactions and relations related to private law that contain foreign elements; International jurisdiction of Turkish courts, recognition and enforcement

of foreign decisions, Article II of the Law on Private International Law and Procedural Law. It is regulated by Part 2 of Part II.

In the implementation of a foreign court decision in Turkey, if there is a contract regarding the decision that is the subject of the case, the provisions of this contract are applied. Otherwise, MÖHUK provisions apply. In cases where there is no express provision in MÖHUK, HMK applies.

The process works as follows;

Application

The enforcement of decisions taken in foreign courts in Turkey depends on the decision of the competent Turkish Court and the competent court is the court of first instance. The application is made with a petition in accordance with the procedure and the necessary documents are expected to be provided.

Objection 

Failure to meet the necessary conditions according to the provisions of this section or failure to comply with the foreign court order is a reason for objection.

Decision

It is added to the foreign court decision given by the court for partial or complete rejection or acceptance and is signed by the judge. From now on, decisions taken by foreign courts are treated as decisions made by Turkish courts. The appeal stops the process.

Foreign Arbitral Decisions

Arbitral decisions that become final, binding on the parties and capable of being enforced can be enforced. An appropriate competent court is determined in the circumstances. The party requesting the enforcement of the foreign arbitral award makes its application with a petition along with the necessary documents. The objection may be rejected by the court according to the relevant legal provisions, the burden of proof belongs to the party against whom enforcement is sought. The recognition of foreign arbitral awards is also subject to the provisions regarding their enforcement.