Impressive Guide to Cross Border Disputes in Turkey represents 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. The present paper will particularly focus on producing a road map for particularly all private matters associated with foreigners and|or foreign companies residing in Turkey.
Main Types of Cross Border Disputes in Turkey?
Cross-border disputes refer to legal conflicts between parties living in different jurisdictions. Since this article focuses on Turkey as a jurisdiction, it will be assumed that one of the parties is in Turkey. For instance, when partners would like to divorce, if the one of the parties is foreigner, the procedural hardships may cause unintended consequences. That requires a professional review of the conditions and carrying out necessary steps in compliance with Turkish regulatory framework. That is the case for corporate governance issues. Despite that Article 3 of the Foreign Direct Investment Law regulates, in connection with Article 48 of the Turkish Constitution that foreign investors shall be subject to equal treatment with domestic investors. Nonetheless the principle of equlity does not work in the field as much as it should be under the said regulations. Indeed, it is suffice to give a sample about company formation. Company establishment process requires numerous complicated steps when it comes to the foreign investor shareholders.
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 this Law under Article 1.
What are core types of cross border disputes in Turkey?
Despite the existence of numerous forms, we can categorize such disputes for an impressive guide to cross border disputes in Turkey. This section will higlights most types.
I.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 or negotiating supply and distribution agreements, 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.
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 for an impressive guide to cross border disputes in Turkey regarding contract law, 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
II.CIVIL DISPUTES
In Türkiye, foreign individuals frequently initiate legal actions related to civil registry matters such as inheritance rights, determination of death, recognition and registration of marriage or divorce and name-surname changes.
These processes require careful handling before the civil registry authorities and the courts. To ensure that proceedings move forward accurately and without unnecessary delays, professional legal support is essential.
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 for an imressive guide to cross border disputes in Turkey see our practice area Divorce Proceedings in Turkey
With the effects of globalization, marriages between individuals of different nationalities have been steadily increasing; accordingly, cross-border family and divorce disputes have become more complex in nature. Such disputes are not limited to divorce claims alone but also involve multifaceted legal issues including child custody, alimony, matrimonial property regimes, and personal status matters. In the context of Turkey, the proper management of these processes depends on the accurate and strategic application of private international law rules.
In this framework, the first and most critical issue is the correct determination of the applicable law. Pursuant to the Act on Private International and Procedural Law Numbered 5718, the common national law of the spouses is applied; where this is not possible, the law of their common habitual residence is applied, and in the absence of both, Turkish law governs. The correct identification of the applicable law forms the foundation of the entire process, from the grounds for divorce to custody and maintenance arrangements, and any misidentification may lead to significant legal disadvantages.
In addition, determining which country’s courts will have jurisdiction is equally important as identifying the Governing Law. Under the rules of international jurisdiction, the competence of Turkish courts is determined based on the parties’ place of residence and the relevant connecting factors of the case. In practice, it is common for parties to initiate parallel proceedings in different jurisdictions, which may result in conflicting judgments and enforcement difficulties. Therefore, the choice of forum should not be seen as a purely procedural matter but rather as a strategic decision.
One of the most common sources of confusion for foreign parties in practice is whether their physical presence in Turkey is required during divorce proceedings. As a general rule, divorce processes can be conducted through legal representatives, and foreign parties are not required to be physically present in Turkey. This is particularly the case in contested divorce proceedings, where statements and evidentiary processes are largely managed by attorneys. However, the situation differs in consensual divorce cases. Under Turkish law, the judge is required to personally observe the parties to ensure that their consent to divorce is given freely and genuinely. Therefore, the parties must be physically present at the hearing. This requirement is a key practical consideration for individuals residing abroad, as it directly affects the planning and timing of the process.
For more detailed analysis take a look at our practice area Divorce Proceedings in Turkey
Infringement Actions
According to Article 14, the grounds and provisions for divorce and separation shall be governed by the common national law of the spouses. If the spouses have different nationalities, the law of their common habitual residence applies. In the absence of such residence, Turkish law governs demands for maintenance between divorced spouses and custody issues.
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.
Civil Litigation Actions
In Türkiye, foreign individuals frequently initiate legal actions related to civil registry matters such as inheritance rights, citizenship applications, determination of death, recognition and registration of marriage or divorce and name-surname changes.
These processes require careful handling before the civil registry authorities and the courts. To ensure that proceedings move forward accurately and without unnecessary delays, professional legal support is essential.
Invalidity and Cancellation of Trademark Disputes
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 Disputes
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.
For more information you can read over our articles from our practice area: Intellectual Property
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.
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.
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 invoices, commercial agreements, or receipts. The creditor may initiate enforcement directly before the competent Enforcement Office (İcra Dairesi in Turkish) without first obtaining a court judgment.
2. Execution Proceedings Based on a Judgment (İlamlı İcra Takibi in Turkish)
As noted above, this route becomes relevant where the claim is contested, requires judicial review, or has already been confirmed by a final court decision. The creditor must first obtain a favorable judgment from the competent court, typically a Commercial Court for commercial disputes.
For more information you can read over our articles from our practice area: Debt Collection in Turkey
Property and Rental Disputes
Under Law No. 5718 on International Private and Civil Procedure, property ownership and rental disputes involving a foreign element in Turkey are governed by the principle of “the law of the place where the property is situated”. In this context, Turkish courts have exclusive jurisdiction over disputes regarding immovable property located within the borders of Turkey. The most preferred investment method for foreign investors in Turkey is real estate acquisition. However it may sometimes involve certain legal risks and potential disputes. These legal disputes are not limited to investment transactions. Issues related to the ownership and use of immovable property also frequently arise for foreigners who inherit property in Turkey, as well as during divorce proceedings and the liquidation of matrimonial property regimes involving foreign spouses who acquired joint assets in Turkey during their marriage. In this regard, to prevent the loss of rights in the resolution of such disputes, the right application of Turkish law and the correct determination of the competent court are of the highest importance.
Inheritance Disputes
One needs to bear in mind that Turkish inheritance rules are quite complicated. Such procedural difficulties increase when one of the party-deceased or legal and assigned heirs- has a different citizenship rather than Turkish citizenship. Indeed the provision of core documentation including death certificate, issuance of the certificate of inheritance, inheritance tax obligations may involve serious considerations.
For more information about inheritance proceedings review our page on Inheritance
III.Administrative Disputes
Deportation Disputes
Receiving a deportation—legally referred to as a “removal”—decision in Türkiye constitutes a significant administrative measure that may have serious consequences for a foreign national’s legal status in the country. Such a decision typically initiates a formal procedure that may ultimately result in the individual’s removal from Türkiye and, in many cases, the imposition of a re-entry ban. Nevertheless, it is important to recognize that a deportation order is an administrative act rather than a definitive or irreversible judicial ruling.
Under Turkish law, individuals subject to a removal decision have the right to challenge the administrative action through specific legal remedies. The effectiveness of these remedies, however, largely depends on timely action and the proper use of available legal procedures. In practice, navigating this process often requires careful legal assessment, knowledge of immigration regulations, and a well-prepared legal strategy. For this reason, obtaining assistance from a lawyer experienced in deportation and immigration law in Türkiye can be crucial in safeguarding one’s rights and legal interests.
Our one of articles guides by outlining the relevant legal framework governing deportation decisions in Türkiye, explains the procedural rights available to foreign nationals, and highlights the key strategic steps that may be taken to challenge such decisions and protect one’s legal position in the country:
Take a look at that article from Deportation of Foreigners in Turkey
Citizenship and Residency Rejection Cases
Foreign investors have shown significant interest in acquiring Turkish citizenship through investment programs including CBI by Property Purchase or CBI by Banking Deposit. Despite substantial financial commitments, citizenship applications may still be rejected by administrative authorities under the Turkish Administrative Procedure Act (Law No. 2577).
Our one of article aims to analyze the judicial review mechanisms available in Turkish citizenship cases and to examine how domestic legal standards are applied by Turkish Administrative Courts when assessing the lawfulness of rejection decisions.
Banking Procedures and Disputes
These procedures include the settlement of outstanding debts, closure of the deceased’s bank accounts, and the distribution of the remaining funds among the lawful heirs.
Regarding more analysis, take a look at our page on Banking and Finance
Conclusion
It is worth reiterating that cross border disputes in Turkey may arise from commercial and individual relationships spanning multiple jurisdictions. These disputes require an impressive guide to cross border disputes in Turkey through the application of private international law principles to determine jurisdiction, applicable law, and recognition or enforcement of foreign judgments or arbitral awards.
