Dispute Resolution in Türkiye: Mediation, Litigation, Arbitration and Enforcement

The outcome of a dispute is often decided before the courtroom. The content of the notice, securing evidence in time, choosing the right route and not missing time limits are as influential as the arguments on the merits. We therefore approach dispute resolution not as a single lawsuit but as a process extending from the first correspondence to enforcement of the decision.

The main rules of the process are found in Code of Civil Procedure No. 6100 (HMK), Enforcement and Bankruptcy Law No. 2004 (İİK) and Mediation in Civil Disputes Law No. 6325 (HUAK). In disputes with a foreign element, Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) and International Arbitration Law No. 4686 (MTK) apply.

Before the action: notice, evidence and interim relief

Many claims depend on putting the other party in default in the proper manner. TTK Art. 18(3) provides that, between merchants, notices of default and termination must be given through a notary, by registered letter, by telegram or by registered electronic mail. A notice is not merely a notification but a document that frames the future statement of claim; the amount claimed, the period given and the legal basis should be written clearly.

Where there is a risk that evidence will be lost or altered, a determination of evidence may be requested from the court even before filing an action (HMK Art. 400). Construction defects, damaged goods or a structure about to be removed are frequent examples.

Interim injunctions and precautionary attachment

Where there is concern that a change in the current situation will make it difficult or entirely impossible to obtain the right, an interim injunction may be requested (HMK Art. 389 et seq.). Where an injunction is obtained before filing an action, an action on the merits must be filed within two weeks of the date of the decision; otherwise the injunction lapses automatically (HMK Art. 397). Injunctions are generally granted against security.

For a monetary receivable that is due and not secured by a pledge, a precautionary attachment (ihtiyati haciz) may be requested (İİK Art. 257 et seq.). Where a precautionary attachment is obtained before an action or enforcement proceedings, proceedings must be started or an action filed within seven days of its execution (İİK Art. 264).

Mediation

Mediation is a method in which the parties try to find their own solution with the assistance of a neutral mediator. In some disputes it is voluntary; in others, applying to a mediator before filing an action is a mandatory pre-condition. The main areas of mandatory mediation are:

Employee–employer receivables and compensation claims and reinstatement (Labour Courts Law No. 7036, Art. 3)
Commercial receivables and damages claims concerning payment of a sum of money (TTK Art. 5/A)
Consumer disputes (Consumer Protection Law No. 6502, Art. 73/A)
Since 1 September 2023, disputes arising from leases, partition of movable and immovable property and termination of co-ownership, and disputes arising from the Condominium Law and neighbour law (HUAK Art. 18/B)

Mediation is generally completed within three weeks, and where necessary this may be extended by up to one week; in commercial disputes the period is six weeks, with an extension of up to two weeks. If the parties agree, the settlement agreement is treated, under the conditions set out in the law, as a document having the force of a judgment. If no agreement is reached, the final report is attached to the statement of claim. When mediation is treated as a formality, the opportunity to resolve the dispute at lower cost is also lost.

Court proceedings

Which court has subject-matter jurisdiction and which court has territorial jurisdiction are the first matters to check. Commercial cases are heard by commercial courts of first instance, employment cases by labour courts and consumer cases by consumer courts. Subject-matter jurisdiction rules are matters of public order, and an action filed in the wrong court leads to loss of time.

Under the written procedure, an action passes through the exchange of pleadings, preliminary examination, taking of evidence and oral hearing stages. As the prohibition on expanding claims and defences comes into play at the pleadings stage, evidence and requests must be set out completely from the start. On technical matters the court refers to experts; a timely and reasoned objection to the expert report can directly affect the outcome.

Law No. 7589, published in the Official Gazette of 31 July 2026, repealed Article 107 of the HMK, which governed actions for unspecified receivables (belirsiz alacak davası). Which route to follow where the amount of the receivable cannot be determined precisely when filing, and the effect of the amendment on pending actions, should be assessed together with the Law's transitional provisions.

Appeals

Decisions of first-instance courts in disputes exceeding the monetary threshold set by law may be taken to the regional court of appeal by way of regional appeal (istinaf) (HMK Art. 341 et seq.). The time limit for regional appeal is two weeks from notification of the decision (HMK Art. 345). Decisions of the regional court of appeal may be appealed to the Court of Cassation within two weeks, again where the monetary threshold and scope conditions are met (HMK Art. 361 et seq.). As the monetary thresholds are updated each year by the revaluation rate, the amount in force on the date of the decision should be checked separately.

Enforcement proceedings

A creditor without a court judgment may start enforcement proceedings without a judgment (ilamsız icra). If the debtor objects within seven days of notification of the payment order, the proceedings are suspended (İİK Art. 62). The creditor then chooses one of two routes: filing an action for annulment of the objection in the general courts within one year of notification of the objection (İİK Art. 67), or, if the receivable is based on a document whose signature has been acknowledged or an official document, asking the enforcement court to remove the objection within six months (İİK Art. 68). Where the conditions are met, enforcement denial compensation is awarded against the unsuccessful party.

For the debtor, a negative declaratory action to establish that it is not indebted and an action for restitution to recover money it was compelled to pay are available (İİK Art. 72). In proceedings based on negotiable instruments, the periods for objection and complaint are shorter and must be used within five days.

Arbitration

The parties may agree to have their disputes resolved by an arbitrator or arbitral tribunal instead of the state courts. HMK Art. 407 et seq. apply to disputes without a foreign element seated in Türkiye, and International Arbitration Law No. 4686 applies to disputes with a foreign element seated in Türkiye. The parties may also choose the rules of institutional arbitration centres such as the Istanbul Arbitration Centre (ISTAC).

The arbitration agreement must be in writing. If an action is filed in court on a matter subject to an arbitration clause, the other party must raise this as an arbitration objection among the preliminary objections; otherwise the right to object may be lost. Arbitral awards can be challenged by an action for annulment only on the grounds listed exhaustively in the law and within a short period. Drafting the arbitration clause carefully when the contract is written significantly reduces procedural disputes that may arise later.

Recognition and enforcement of foreign decisions

For a judgment obtained from a foreign court to be enforced in Türkiye, an enforcement (exequatur) decision must be obtained from a Turkish court (MÖHUK Art. 50 et seq.). The court does not re-examine the merits; it reviews conditions such as reciprocity, the exclusive jurisdiction of Turkish courts, public order and respect for the right of defence. If the judgment is to be used only for its res judicata or conclusive evidence effect, recognition is sufficient (MÖHUK Art. 58).

For the enforcement of foreign arbitral awards, the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Türkiye is a party, and the relevant provisions of the MÖHUK apply.

Our work in this area

We work on notices and pre-action preparation, evidence determination and requests for interim relief, mandatory and voluntary mediation, litigation at first instance and on appeal, enforcement proceedings, domestic and international arbitration, and recognition and enforcement of foreign decisions.

Depending on the subject of the dispute, area-specific time limits and remedies are explained separately on the Commercial and Corporate Law, Construction Law, Lease Law and Employment and Social Security Law pages.

Main topics

Pre-action preparation: notices, evidence determination, interim injunctions and attachments
Mandatory and voluntary mediation (Law No. 6325)
Litigation before civil and commercial courts of first instance
Regional appeal and appeal to the Court of Cassation (HMK Art. 341 et seq., Art. 361 et seq.)
Enforcement proceedings, annulment and removal of objections (İİK Arts. 62–72)
Domestic and international arbitration (HMK Art. 407 et seq., Law No. 4686)
Recognition and enforcement of foreign judgments and arbitral awards (Law No. 5718, Art. 50 et seq.)

Frequently asked questions

Is it mandatory to go to a mediator first in every dispute?

No. Mediation is a mandatory pre-condition in the matters listed in the law, such as employment, commercial receivables, consumer, lease, partition, condominium and neighbour law disputes. In these matters, an action filed without applying to a mediator is dismissed on procedural grounds. In other disputes, mediation may be used voluntarily.

What can the creditor do if the debtor objects to enforcement proceedings?

The creditor may file an action for annulment of the objection within one year of notification of the objection (İİK Art. 67). If the receivable is based on a document whose signature has been acknowledged or on an official document, the creditor may also ask the enforcement court to remove the objection within six months (İİK Art. 68). Which route to choose depends on the documents available.

Can an action for an unspecified receivable still be filed?

Article 107 of the HMK, which governed actions for unspecified receivables, was repealed by Law No. 7589. The position of actions filed before the amendment, and the route to follow where the amount of the receivable cannot be determined, should be assessed together with the Law's transitional provisions.

Can we go to court if the contract contains an arbitration clause?

An action may be filed in court on a matter subject to an arbitration clause, but if the other party raises an arbitration objection, the action is dismissed on procedural grounds. The objection must be raised in time as a preliminary objection. For certain requests, such as interim relief, the courts may be approached despite the arbitration clause.

How is a court judgment obtained abroad enforced in Türkiye?

For a foreign court judgment to be enforced in Türkiye, an enforcement decision must be obtained from a Turkish court (MÖHUK Art. 50 et seq.). The court does not re-examine the merits of the judgment; it reviews conditions such as reciprocity, public order and respect for the right of defence. If the judgment is to be used only for its res judicata effect, recognition is sufficient.

Legislation and sources

The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.

Dispute Resolution