Foreign Company Sued in Turkey Without a Turkish Office: Jurisdiction, Service and Defense Guide – 2026 Updated Guide

Can a foreign company be sued in Turkey without having a Turkish office? Learn about jurisdiction, service abroad, deadlines, arbitration, remote defense, and enforcement risks.

A foreign company can sometimes be sued in Turkey even if it has no branch, office, or permanent establishment in the country. The existence of Turkish jurisdiction may arise from the contract, place of performance, location of the disputed goods or assets, a Turkish branch or representative, or conduct that caused harm in Turkey.

The foreign company should not ignore the claim. It should immediately determine whether the Turkish court has jurisdiction, whether service was valid, whether arbitration applies, and when the response period began.

When Can a Turkish Court Have Jurisdiction?

Jurisdiction may exist where:

• The parties selected Turkish courts;
• The contract was performed partly or fully in Turkey;
• The defendant has a branch, representative, or commercial activity in Turkey;
• The dispute concerns Turkish real estate or company assets;
• The harmful event occurred in Turkey;
• The goods, services, or project were located in Turkey;
• A Turkish company is a contracting party;
• Mandatory jurisdiction rules apply.

A foreign company’s lack of a Turkish office is relevant but not conclusive. The contract and the factual connection with Turkey should be analyzed carefully.

Governing Law and Jurisdiction Are Different

The governing-law clause identifies which legal rules apply. The jurisdiction clause identifies which court or tribunal hears the dispute.

A contract may choose Turkish law but a foreign court, or foreign law but Turkish courts. It may also require arbitration instead of court proceedings.

The foreign company should examine:

• Governing law;
• Court jurisdiction;
• Arbitration;
• Arbitration seat;
• Language;
• Mediation or negotiation requirements;
• Notice provisions;
• Service provisions;
• Enforcement arrangements.

A jurisdiction objection may be lost if the company participates in the merits without raising it at the appropriate stage.

Service of Process Abroad

A Turkish claim must generally be served through a legally recognized method. Where the foreign company is outside Turkey, service may involve international service conventions, judicial authorities, diplomatic channels, bilateral arrangements, or an authorized representative.

The company should determine:

• Who received the documents;
• Where service occurred;
• Whether translation was provided;
• Whether the recipient was authorized;
• Whether the correct corporate address was used;
• Whether the applicable international service procedure was followed;
• When service legally became effective.

An email, WhatsApp message, courier delivery, or informal notification may not always constitute valid service unless the contract or applicable procedure recognizes it.

Service Through a Turkish Branch or Representative

If the foreign company has a registered branch, authorized representative, local manager, or designated service address in Turkey, service may be attempted there.

The company should verify the authority and legal status of the recipient. A document handed to an employee or unrelated consultant may not automatically constitute valid service.

The company should nevertheless preserve the date on which it actually learned of the claim and obtain legal advice immediately.

What Happens If Service Was Defective?

If service was not legally valid, the company may be able to challenge the service date, procedural consequences, or validity of steps taken against it.

A defective-service argument should not be used as a reason to ignore the case. The claimant may correct service, and a court may treat actual knowledge as relevant in certain circumstances.

The company should file the appropriate objection or request without unnecessarily making admissions on the merits.

Response Deadlines

The deadline for responding may depend on the type of proceeding, method of service, court, arbitration rules, and applicable procedural law.

The company should immediately calculate:

• Response deadline;
• Jurisdiction objection deadline;
• Arbitration response period;
• Mediation date;
• Evidence-submission deadline;
• Appeal period;
• Enforcement objection period;
• Interim-measure response period.

A foreign company should not assume that the deadline starts when its management forwards the documents internally. The legally effective service date should be verified.

Commercial Mediation

Certain commercial monetary disputes may require a pre-litigation mediation process before a lawsuit can proceed.

If the foreign company receives a mediation invitation, it should determine whether participation is mandatory, whether a representative needs special authority, and whether settlement discussions may affect later proceedings.

The company should prepare a settlement position after reviewing the contract, evidence, financial exposure, and jurisdiction.

Arbitration Clauses

An arbitration clause may prevent a Turkish court from hearing the merits of the dispute. The foreign company should examine whether the clause is valid, sufficiently broad, and applicable to the claimant’s specific allegations.

However, a court may still be involved in:

• Interim injunctions;
• Precautionary attachments;
• Evidence preservation;
• Service;
• Enforcement of an award;
• Appointment or support of arbitrators.

The bank, carrier, insurer, subsidiary, or director may not be bound by the same arbitration clause if they are not parties to it.

First Defense Strategy

The foreign company should create a written defense plan addressing:

• Jurisdiction;
• Service;
• Arbitration;
• Contract formation;
• Performance;
• Payment;
• Defects;
• Termination;
• Force majeure;
• Hardship;
• Limitation;
• Causation;
• Damages;
• Set-off;
• Counterclaims.

The company should separate procedural objections from substantive defenses. A strong merits defense may be weakened if a jurisdiction objection is not raised correctly.

Evidence Preservation

The company should preserve:

• Contracts and amendments;
• Purchase orders;
• Invoices;
• Payment records;
• Delivery documents;
• Emails;
• Messages;
• Board approvals;
• Technical reports;
• Financial statements;
• Customer records;
• Project documents;
• Insurance policies;
• Notices;
• Expert reports.

Electronic evidence may be stored in cloud platforms, accounting systems, customer relationship software, messaging applications, and foreign servers.

The company should issue an internal preservation instruction and prevent routine deletion or alteration of relevant records.

Interim Attachments and Injunctions

The claimant may request a precautionary attachment against Turkish assets or an interim injunction concerning goods, bank accounts, receivables, shares, real estate, or company records.

The foreign company should respond quickly by challenging the claim, urgency, evidence, security, proportionality, or asset connection.

If the company has a counterclaim or faces a risk of asset dissipation by the claimant, it may consider seeking its own interim protection.

Counterclaims and Set-Off

A foreign company may have claims against the Turkish claimant arising from the same contract or commercial relationship.

Possible counterclaims may involve unpaid invoices, defective goods, wrongful termination, customer diversion, unauthorized guarantee calls, delay, or reimbursement.

Set-off may also be relevant where both parties owe legally connected debts. The company should review the contract and applicable procedural rules before relying on set-off.

Foreign Company Without Assets in Turkey

A foreign company without Turkish assets may still need to defend the Turkish proceeding. A judgment may later be submitted for recognition and enforcement in another country.

If the company has Turkish assets, those assets may be targeted directly. The company should identify bank accounts, receivables, inventory, real estate, shares, guarantees, and local contracts.

Enforcement risk should be assessed alongside the merits of the claim.

Remote Defense Through a Turkish Lawyer

In many cases, the foreign company can participate through a Turkish lawyer under a properly prepared power of attorney.

The company may not need to attend every hearing personally, but certain procedures may require corporate documents, authorized representatives, sworn statements, technical experts, or witnesses.

The power of attorney may require notarization, authentication, apostille, and translation depending on where it is signed.

2026 Practical Considerations

In 2026, foreign-company disputes increasingly involve electronic service, online court systems, digital signatures, cloud documents, remote hearings, electronic invoices, and cross-border data.

Foreign companies should maintain updated registered addresses, appoint reliable local contacts where appropriate, monitor contractual notices, and preserve digital records.

The company should coordinate Turkish counsel with foreign counsel, insurers, banks, accountants, technical experts, and corporate management.

Lawyer Fırat Fesih Kaya assists foreign companies with Turkish court claims, service disputes, jurisdiction, arbitration, commercial litigation, interim measures, mediation, and cross-border enforcement.

Frequently Asked Questions (FAQ)

1. Can a foreign company be sued in Turkey without having a Turkish office?
Yes, potentially. Jurisdiction may arise from the contract, place of performance, Turkish assets, a local branch, or conduct connected with Turkey.

2. Does the absence of a Turkish office prevent a Turkish lawsuit?
No. It may affect service and jurisdiction analysis, but it does not automatically prevent proceedings.

3. Can a foreign company challenge Turkish court jurisdiction?
Potentially, if the contract requires arbitration, selects another court, or lacks a sufficient connection with Turkey.

4. Is service by email or WhatsApp valid?
Not automatically. Validity depends on the contract, the applicable procedure, authorization, and whether electronic service is legally recognized.

5. What if the claim was served without translation?
The company should assess whether translation was required and whether the service procedure was legally valid.

6. Can the foreign company defend the case through a Turkish lawyer?
In many cases, yes, under a properly prepared power of attorney.

7. Can a Turkish claimant freeze foreign-company assets?
Turkish assets may potentially be subject to attachment or interim measures if the legal requirements are satisfied.

8. Can the foreign company bring a counterclaim?
Yes, if it has a connected claim supported by the contract and evidence.

9. Can the company settle before trial?
Yes. Mediation or direct settlement may be available, but the company should assess jurisdiction, liability, and enforcement before agreeing.

10. What should a foreign company do first?
The company should preserve the documents, verify service, calculate deadlines, review arbitration and jurisdiction, appoint Turkish counsel, and prepare its defenses.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Expert Legal Support for Foreign Companies Sued in Turkey

Expert legal support is essential to avoid losing valuable rights. By working with a lawyer experienced in Turkish jurisdiction, service abroad, commercial litigation, arbitration, mediation, interim attachments, evidence, and cross-border enforcement, foreign companies can protect their legal and financial interests. Fırat Fesih Kaya Law Office provides professional legal support for foreign defendants in Turkey and abroad.

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