It is true that disputes are resolved by the courts authorized by the countries where they arise, but in today’s world, arrangements have been made to apply the solutions provided for international disputes also in the parties’ countries. International law accepts this to prevent problems in international relations. Local authorities applying recognition and enforcement, provided that they determine the legal requirements themselves, can ensure that decisions taken abroad are also implemented in their own countries.
The law applicable to transactions and relationships governed by private law elements; the jurisdiction of Turkish courts, recognition and enforcement of foreign decisions are regulated by the Second Part of the Turkish International Private Law and Procedure Law.
In the implementation of foreign court decisions in Turkey, if there is a contract related to the decision subject to the lawsuit, the provisions of this contract are applied. Otherwise, the provisions of the Turkish International Private Law are applied. In cases where the Turkish International Private Law does not contain explicit provisions, the Turkish Civil Procedure Law is applied.
The process works as follows:
The execution of decisions taken in foreign courts in Turkey is subject to the decision of the competent Turkish court, and the competent court is the court of first instance. The application is made with a properly submitted petition, and the acquisition of the necessary documents is awaited.
The lack of necessary conditions according to the section provisions or the non-fulfillment of the foreign court decision is a reason for objection.
The foreign court decision, whether partially or completely rejected or accepted, is attached to the court and signed by the judge. After this stage, the decisions taken by foreign courts are processed like decisions issued by Turkish courts. The appeal process suspends the execution.
Foreign Arbitral Awards:
Arbitral awards that have become final, binding on the parties, and capable of enforcement can be enforced. An appropriate competent court is determined within the framework of the conditions. The party requesting the enforcement of the foreign arbitral award makes its application with a petition along with the necessary documents. Objection may be rejected by the court in accordance with the relevant statutory provisions; the burden of proof rests with the party requesting enforcement. The recognition of foreign arbitral awards is also subject to the provisions regarding enforcement.