Litigating Trade Disputes in Turkish Commercial Courts: Key Procedures for Foreign Plaintiffs (2026 Updated Guide)

How can a foreign company litigate a commercial dispute in Turkey? A 2026 guide to jurisdiction, mandatory mediation, evidence, interim measures, service abroad, court costs, hearings and enforcement.

Foreign companies doing business in Turkey may eventually face disputes involving unpaid invoices, distribution and agency agreements, supply contracts, share purchases, construction projects, corporate transactions, defective goods, guarantees or other commercial relationships. When Turkish courts have jurisdiction, many such disputes are heard before the specialized Commercial Courts of First Instance. For a foreign plaintiff, successful litigation requires more than proving that money is owed. Jurisdiction, mandatory pre-litigation procedures, limitation periods, evidence, foreign documents, service, security for costs and enforcement strategy can determine whether an otherwise strong commercial claim succeeds.

What Is a Commercial Court of First Instance?

Commercial Courts of First Instance are specialized courts dealing with commercial disputes assigned to them by Turkish law. Depending on the nature of the dispute, the court may hear cases involving companies, commercial contracts, negotiable instruments, insurance, corporate disputes and other commercial matters.

The classification of a dispute should be determined before filing because bringing proceedings before the wrong court can cause delay and procedural complications.

Can a Foreign Company Sue in Turkey?

Yes. Foreign individuals and companies can bring proceedings before Turkish courts when the requirements for Turkish jurisdiction are satisfied.

Foreign status alone does not prevent a plaintiff from using the Turkish judicial system.

First Check the Contract’s Dispute Resolution Clause

Before commencing proceedings, examine the contract carefully.

The agreement may contain a Turkish jurisdiction clause, foreign jurisdiction clause or arbitration agreement. A valid arbitration clause can fundamentally change the appropriate dispute-resolution route.

Starting Turkish court proceedings without first examining the clause can waste substantial time and money.

Which Turkish Court Has Territorial Jurisdiction?

Territorial jurisdiction depends on the nature of the claim and applicable procedural rules. Relevant connecting factors may include the defendant’s location, place of contractual performance and any valid jurisdiction agreement.

International contracts should therefore be reviewed before selecting the court.

Is a Jurisdiction Clause Between Commercial Parties Valid?

Commercial parties may have greater flexibility to agree on jurisdiction where statutory conditions are satisfied. However, the precise wording of the clause matters.

A provision should be reviewed to determine whether it actually grants jurisdiction to Turkish courts, selects a particular Turkish court or potentially gives exclusive jurisdiction elsewhere.

Mandatory Mediation Can Be Required Before Litigation

One of the most important procedural questions in Turkish commercial disputes is whether mediation is a mandatory prerequisite before filing the lawsuit.

Certain commercial monetary claims fall within mandatory mediation rules. Where mediation is legally required, filing a lawsuit without completing the prerequisite procedure can create serious procedural consequences.

Foreign plaintiffs should therefore check mediation requirements before preparing the statement of claim.

What Happens During Mandatory Mediation?

The claimant applies through the relevant mediation system, and the parties are given an opportunity to negotiate before litigation proceeds.

Settlement is not mandatory. If the process concludes without agreement, the claimant may proceed with litigation subject to the applicable procedural requirements.

Do Limitation Periods Matter?

Absolutely. A commercially valid claim can become difficult or impossible to enforce if limitation issues are ignored.

The applicable period depends on the type of claim. Contractual payment claims, corporate disputes, transport claims and other commercial matters can be subject to different rules.

Foreign companies should therefore conduct a limitation analysis immediately after the dispute arises.

What Documents Should a Foreign Plaintiff Collect?

A commercial litigation file may include the contract, amendments, purchase orders, invoices, delivery documents, bank transfers, correspondence, notices, accounting records, technical reports, meeting minutes and other transaction-specific evidence.

Evidence should be collected before relationships with employees, distributors or counterparties deteriorate further.

E-Mails and Electronic Correspondence Can Be Important

Commercial disputes are frequently decided through documentary evidence.

E-mails, electronic communications and other business records may demonstrate negotiations, orders, delivery, complaints, acknowledgments of debt or contractual amendments.

The plaintiff should preserve original electronic records rather than relying solely on selected screenshots.

WhatsApp and Other Messages May Become Evidence

Messages can potentially become relevant depending on their authenticity, acquisition and connection with the dispute.

A company should preserve complete conversation context where possible instead of presenting isolated messages that could be misunderstood.

Foreign Documents Need Special Attention

Documents created abroad may require translation and, depending on their nature and intended use, appropriate authentication formalities.

The litigation team should identify these requirements early because obtaining documents from another jurisdiction after proceedings begin can cause delay.

Contracts in English Can Be Submitted

International contracts are frequently drafted in English. However, Turkish court proceedings are conducted in Turkish, and appropriate Turkish translations of foreign-language evidence may therefore be required.

Technical translations should be checked carefully, especially where the dispute turns on specific contractual terminology.

Power of Attorney Requirements

A foreign plaintiff normally needs to arrange appropriate authority for Turkish counsel to represent it in proceedings.

For a foreign corporation, preparation of the power of attorney may require coordination with corporate signatories and formalities in the country where the document is executed.

This should be organized before urgent litigation becomes necessary.

Can Foreign Plaintiffs Be Required to Provide Security?

Security for litigation costs can arise in cases involving foreign plaintiffs under the applicable international and procedural framework.

Whether security is required can depend on the plaintiff’s nationality, applicable treaties, reciprocity and other legal circumstances. It should therefore be analyzed specifically rather than assumed.

How Is the Lawsuit Started?

Proceedings generally begin with a statement of claim setting out the parties, material facts, legal grounds, requested relief and supporting evidence.

Commercial cases should be prepared strategically from the outset because incomplete factual presentation or poorly identified evidence can create problems later.

The Amount Claimed Must Be Calculated Carefully

Claims involving unpaid invoices, damages, contractual penalties, interest or foreign currency should be quantified carefully.

Where the full amount cannot initially be determined, Turkish procedural law contains mechanisms that may be relevant depending on the circumstances.

Foreign Currency Claims Require Careful Drafting

International commercial contracts frequently specify payment in euros, US dollars or another currency.

The statement of claim should address the contractual payment currency, requested relief, interest and other monetary consequences correctly.

Interest Can Be Commercially Significant

Long-running commercial disputes can make interest a substantial part of the total claim.

The applicable rate and starting date can depend on the contract, nature of the debt, notices and governing legal rules.

Defendant’s Response Is Important

After service, the defendant may challenge jurisdiction, limitation, liability, contractual interpretation, amount, evidence and other aspects of the claim.

Foreign plaintiffs should anticipate likely defenses before filing rather than responding reactively months later.

Counterclaims May Be Filed

A defendant may assert claims against the foreign plaintiff where procedural requirements are satisfied.

For example, a supplier seeking unpaid invoices may face allegations concerning defective goods, delay or contractual penalties.

Potential counterclaims should therefore be assessed before proceedings begin.

Expert Examination Is Common in Commercial Litigation

Many trade disputes require technical or financial expertise.

Experts may be appointed in disputes involving accounting, construction, machinery, valuation, defective products, corporate records or calculation of commercial losses.

The parties should prepare technical evidence before expert examination rather than waiting for the report.

Can Foreign Expert Reports Be Used?

Foreign technical reports may provide useful evidence, but their procedural weight and relationship with court-appointed expert examination should be evaluated carefully.

The report should explain methodology, underlying data and technical conclusions clearly.

Witness Evidence May Be Relevant

Witnesses can be important in some disputes, but commercial litigation often depends heavily on documentary evidence.

Companies should not assume that witness testimony can compensate for missing contracts, invoices or written communications where written evidence is legally important.

Accounting Records Can Become Critical

Commercial books and accounting records may have evidentiary significance under Turkish commercial and procedural law.

The plaintiff should therefore coordinate litigation strategy with accountants where the dispute concerns invoices, current accounts, payments or corporate transactions.

Can the Plaintiff Request a Preliminary Injunction?

Potentially. Where waiting for the final judgment could cause serious difficulty or make enforcement ineffective, interim protection may be considered if the statutory requirements are satisfied.

The appropriate measure depends on the nature of the dispute.

Precautionary Attachment May Be Important for Monetary Claims

A foreign plaintiff pursuing a monetary claim may need to consider whether precautionary attachment is available.

This can be particularly important where there is a genuine concern that assets could disappear before the litigation is completed.

Interim Measures Require Evidence

Courts do not automatically freeze assets merely because a lawsuit has been filed.

The claimant must establish the applicable legal requirements and may be required to provide security depending on the measure and circumstances.

Asset Investigation Should Begin Early

Winning the lawsuit is only useful if the judgment can ultimately be enforced.

Before investing heavily in litigation, foreign plaintiffs should consider whether the defendant owns bank accounts, receivables, real estate, vehicles, shares or other assets potentially available for enforcement.

Service of Documents Can Affect the Timeline

Where a party is located abroad, international service requirements can lengthen proceedings.

The plaintiff should provide accurate corporate names and addresses and anticipate the practical consequences of cross-border service.

What Happens at the Hearings?

Turkish commercial litigation is primarily driven by written submissions and documentary procedure, although hearings remain an important part of the case.

Foreign corporate representatives do not necessarily need to approach every hearing as though the case were an oral trial in another jurisdiction.

The procedural strategy should be coordinated with Turkish counsel.

How Long Can a Commercial Case Take?

There is no universal duration. The timeline depends on the complexity of the dispute, number of parties, service issues, expert examinations, evidence and appellate proceedings.

A complex international commercial case can continue substantially longer than a straightforward debt claim.

Settlement Remains Possible During Litigation

Filing a lawsuit does not prevent settlement.

Commercial parties may continue negotiating while protecting their procedural rights. A carefully structured settlement can sometimes produce a faster commercial result than continuing through every appellate stage.

What Happens After the First-Instance Judgment?

Depending on the judgment and applicable procedural rules, appellate review may be available.

The parties should monitor the notification of the reasoned judgment and the applicable appeal period carefully.

Can the Judgment Be Enforced Immediately?

Whether and how enforcement can proceed depends on the nature of the judgment and procedural circumstances.

The litigation strategy should therefore consider enforcement from the beginning rather than waiting until the final hearing.

What If the Defendant Has Transferred Assets?

Suspicious asset transfers may require separate analysis under enforcement and substantive law.

If asset dissipation is anticipated, waiting until years after the commercial lawsuit is completed can significantly reduce recovery prospects.

Foreign Plaintiffs Should Plan Litigation and Enforcement Together

A strong commercial litigation strategy normally has two parallel objectives: obtaining a favorable judgment and preserving a realistic route to collection.

Before filing, consider the defendant’s assets, interim measures, enforcement exposure and any signs of financial distress.

Cross-Border Enforcement May Also Be Necessary

If the Turkish defendant has insufficient assets in Turkey but owns property abroad, enforcement strategy may extend into other jurisdictions.

Likewise, foreign judgments or arbitral awards may require recognition or enforcement proceedings before they can be executed against assets in Turkey.

Common Mistakes Foreign Plaintiffs Should Avoid

Frequent mistakes include filing without reviewing the jurisdiction or arbitration clause, missing mandatory mediation, allowing limitation periods to expire, failing to preserve electronic evidence, providing incomplete foreign documents, ignoring potential counterclaims and waiting until judgment to investigate assets.

A commercial dispute should be managed as a complete recovery project rather than merely a court filing.

2026 Litigation Strategy for Foreign Companies

Foreign businesses preparing commercial litigation in Turkey should first review the contract, determine Turkish jurisdiction, identify the competent court, check mandatory mediation and limitation periods, secure the necessary corporate authority and power of attorney, organize Turkish translations, preserve electronic and accounting evidence, calculate the claim precisely and evaluate interim measures.

At the same time, the plaintiff should investigate the defendant’s likely defenses, potential counterclaims and available assets.

Frequently Asked Questions

Can a foreign company sue a Turkish company in Turkey?

Yes, provided Turkish courts have jurisdiction and the relevant procedural requirements are satisfied.

Which court hears commercial disputes in Turkey?

Many qualifying commercial disputes are heard by the Commercial Courts of First Instance, although jurisdiction depends on the nature of the specific claim.

Is mediation required before filing a commercial lawsuit?

For certain commercial disputes involving monetary claims, mandatory mediation can apply. The requirement should be checked before filing.

Can an English-language contract be used in a Turkish court?

Yes, but Turkish translations may be required for court proceedings.

Does the foreign company’s director need to attend every hearing?

Not necessarily. Representation and attendance requirements depend on the procedural circumstances of the particular case.

Can the plaintiff freeze the defendant’s assets?

Potentially, where the legal conditions for the appropriate interim measure or precautionary attachment are satisfied.

Can e-mails and electronic messages be used as evidence?

Potentially. Their authenticity, completeness, lawful acquisition and relationship with the dispute should be considered.

Can a foreign plaintiff claim in euros or US dollars?

Foreign-currency claims may be possible depending on the underlying obligation and applicable legal framework. The requested relief should be drafted carefully.

Can the parties settle after the lawsuit starts?

Yes. Commercial settlement remains possible during litigation.

What should a foreign plaintiff do before filing?

Review jurisdiction and arbitration provisions, check mandatory mediation and limitation periods, preserve the complete documentary record, assess interim protection and investigate whether the defendant has assets from which a successful judgment can ultimately be collected.

Client-Focused Legal Support for Commercial Litigation in Turkey

Fırat Fesih Kaya Law Office assists foreign companies, shareholders, manufacturers, exporters, investors and international businesses in Turkish commercial litigation involving contractual claims, unpaid receivables, supply and distribution disputes, corporate conflicts, damages, interim measures and enforcement proceedings. Lawyer Fırat Fesih Kaya provides legal assistance from pre-litigation strategy and mandatory mediation through Commercial Court proceedings, appeals and enforcement.

Phone:
+90 312 434 22 22

Mobile:
+90 532 769 22 22

Email:
info@firatfesihkaya.av.tr

Address:
Mevlana Boulevard No:221, Yıldırım Tower, Office No:148
06520 Balgat, Çankaya, Ankara, Turkey