Foreign CEO or Director Must Give Evidence in a Turkish Commercial Case: Is Travel to Turkey Required? 2026 Updated Guide

Must a foreign CEO or company director travel to Turkey to give evidence in a commercial lawsuit? Learn about representation, hearings, witness evidence, remote participation, international judicial assistance and procedural risks.

A foreign CEO, board member or company director involved in a Turkish commercial dispute may receive information that a Turkish court expects them to give evidence, attend a hearing or provide explanations concerning the company’s transactions. This often creates an immediate question: must the executive personally travel to Turkey? The answer depends on why the person is being requested, whether the executive is a party representative or a third-party witness, the type of evidence sought and the procedural decision made by the Turkish court. Personal travel should therefore not be arranged—or refused—before the court file and relevant procedural order are examined carefully.

Is a Foreign CEO Automatically Required to Travel to Turkey?

No. The existence of a commercial lawsuit involving the company does not automatically mean that its foreign CEO or director must personally travel to Turkey.

Many procedural acts can be handled through Turkish legal counsel. Personal participation becomes a separate issue when the court specifically requires the executive’s statement, examination, oath, testimony or attendance for another procedural purpose.

First Determine Why the Executive Is Being Called

This is the most important preliminary question. The executive may be requested because they are the company’s legal representative, personally participated in the disputed transaction, possess first-hand knowledge, are proposed as a witness or are required for a particular procedural examination.

Each situation has different consequences.

Is the CEO a Witness or a Company Representative?

These concepts should not be confused. A third-party witness provides testimony about facts personally known to them. A company’s legal representative may instead be heard in connection with the company’s procedural position.

The applicable rules and evidentiary consequences can therefore differ substantially.

Review the Turkish Court File Before Taking Action

Foreign companies should obtain the relevant petition, interim decision, hearing minutes and notification concerning the executive.

The company should determine exactly what the court ordered rather than relying on an informal statement from the opposing party that “the CEO must come to Turkey.”

Was Personal Attendance Specifically Ordered?

A court order should be examined for whether it specifically requires physical attendance or simply seeks a statement or other evidence.

If the wording is unclear, Turkish counsel should address the procedural issue before international travel is arranged.

Can a Turkish Lawyer Represent the Foreign Company?

Generally, a foreign company can conduct commercial litigation through an authorized Turkish lawyer. Legal counsel can file submissions, present evidence, attend hearings and conduct many procedural acts without the company’s executives being physically present.

However, a lawyer’s representation does not necessarily replace an executive where the court requires evidence that must be provided personally.

Can the CEO Give Evidence by Video Conference?

Remote participation may potentially be relevant depending on the nature of the requested procedural act, the court’s decision and available judicial arrangements.

A foreign executive should not assume that an ordinary commercial video call is sufficient. Any remote examination should be organized through a legally recognized procedure accepted by the court.

Can Evidence Be Taken Abroad?

Potentially. Where a person is located outside Turkey, international judicial assistance mechanisms may become relevant depending on the country, applicable international instruments and type of evidence requested.

This can sometimes provide an alternative to requiring the executive to travel personally to Turkey.

International Judicial Assistance Can Take Time

Although evidence may potentially be obtained abroad, international service and judicial assistance can take significantly longer than ordinary domestic procedures.

If the executive’s evidence is important to the company’s case, strategic timing should therefore be considered.

Can the Executive Give a Written Statement Instead?

A written declaration may be useful in explaining the company’s position, but it should not automatically be assumed to replace evidence that the court intends to obtain through a specific procedural mechanism.

The distinction between a party submission and formal evidence is important.

Corporate Affidavits Are Not Automatically Equivalent to Turkish Witness Testimony

Foreign companies sometimes prepare affidavits or notarized statements because such documents are common in their home jurisdiction. Their evidentiary treatment in Turkish proceedings should be assessed under Turkish procedural law rather than assumed to be identical to the foreign system.

Does a Foreign Director Have to Testify About Everything?

No. The scope of the requested evidence should be identified carefully.

A director who joined the company after the disputed transaction may have no personal knowledge of the events. Corporate position alone does not necessarily create first-hand knowledge.

Personal Knowledge Matters

If the dispute concerns negotiations conducted by a sales manager, former director or local subsidiary executive, the CEO may not be the person best placed to explain the transaction.

The company should identify who actually participated in the relevant events.

Review Emails and Corporate Records Before Evidence Is Given

Before any executive is examined, reconstruct the transaction chronologically. Review contracts, amendments, emails, meeting records, invoices, payment records and internal approvals.

The executive’s evidence should be accurate and consistent with contemporaneous documents.

Never Coach the Executive to Change the Facts

Preparation should focus on understanding the documents and procedural issues. It should never involve creating an artificial narrative or instructing the executive to deny inconvenient facts.

Credibility can become extremely important in commercial litigation.

What If the CEO Does Not Remember?

The executive should distinguish between actual recollection and information learned later from company records.

Guessing can create contradictions that the opposing party may use during the proceedings.

Translation Is Important

A foreign executive who does not speak Turkish adequately may require interpretation for a procedural examination.

Technical commercial terminology, corporate structures and contractual language should be translated accurately.

Prepare the Interpreter for Technical Terminology

Where legally permissible and appropriate, terminology concerning the transaction should be identified in advance. Mistranslation of terms relating to guarantees, agency, distribution, payment conditions or corporate authority can materially distort evidence.

Can the Opposing Party Question the Foreign Executive?

Depending on the procedural mechanism, questions may be directed concerning disputed facts. The executive should therefore understand the subject matter and relevant documents before appearing.

This does not mean memorizing prepared answers.

What If the Executive Refuses to Travel?

The consequences depend on why attendance was requested and the procedural order issued by the court.

The company should not simply ignore the request. Turkish counsel should determine whether attendance is mandatory, whether an alternative method can be requested and what procedural consequences may arise from non-compliance.

Never Ignore a Turkish Court Order

Even where the executive resides permanently abroad, a court order should be addressed formally.

Silence can create avoidable procedural problems and may prevent the company from requesting a more practical alternative.

Can the Company Request Remote Examination?

Potentially, depending on the circumstances. The request should explain why remote participation is appropriate and address the executive’s foreign residence, travel burden, nature of the evidence and available procedural mechanism.

The final decision belongs to the competent court.

Can the Company Request Examination Through Foreign Authorities?

Where appropriate, the company may evaluate whether testimony or another procedural act can be conducted through international judicial assistance.

The availability and practical usefulness of this option depend heavily on the foreign jurisdiction and nature of the evidence.

Consular Procedures Should Not Be Assumed to Apply Automatically

A foreign executive should not simply visit a Turkish consulate and prepare a statement expecting it automatically to satisfy the court’s evidentiary request.

The required procedure should first be confirmed.

What If the CEO Is Also Personally a Defendant?

This changes the analysis. If the executive is individually named as a defendant, their procedural position is different from that of a director merely representing the foreign company.

The pleadings should be reviewed separately for the company and the individual.

Directors Should Check Personal Liability Allegations

Commercial cases sometimes include allegations that directors personally participated in fraud, unauthorized transactions, breach of duty or another wrongful act.

A director should not assume that the lawsuit concerns only the company merely because the underlying contract was corporate.

Commercial Litigation Can Overlap With Criminal Proceedings

If the underlying dispute also involves allegations of fraud, forgery, breach of trust or another criminal offense, travel considerations may require separate analysis.

The existence of a commercial hearing alone does not determine whether any criminal investigation or travel-related issue exists.

Check for Separate Proceedings Before Travel Where Necessary

If there is a known parallel criminal investigation involving the executive, counsel should review that matter separately before travel.

Commercial litigation and criminal procedure should not be confused.

Can Another Director Attend Instead?

Possibly for some corporate or procedural purposes, depending on representation authority and the court’s order. But another director cannot necessarily substitute for a person whose personal knowledge is specifically sought.

The reason for the requested attendance is therefore decisive.

Corporate Authority Documents May Be Required

Where the executive acts for the foreign company, documents establishing corporate existence and representation authority may need to be prepared.

Depending on their origin and intended use, foreign corporate documents may require appropriate certification, legalization or apostille procedures and Turkish translation.

Power of Attorney Should Be Prepared Early

Foreign companies should ensure that Turkish litigation counsel has an appropriate power of attorney before procedural deadlines arise.

Waiting until shortly before a hearing can create unnecessary delays.

Review the Articles and Signing Authority

If representation authority is disputed, corporate constitutional documents, board resolutions, signature authority and registry records may become important.

This is especially relevant where the underlying dispute concerns whether a director had authority to bind the company.

Former Directors May Still Have Relevant Evidence

A person who has left the company may nevertheless possess first-hand knowledge of negotiations or transactions.

The current management should identify former executives early rather than discovering their importance immediately before the evidentiary stage.

Preserve Electronic Evidence

Emails, messaging records, electronic contracts, meeting invitations and internal approval systems may corroborate or contradict an executive’s recollection.

Relevant records should be preserved as soon as litigation is anticipated.

Do Not Delete Corporate Communications

Once litigation exists or is reasonably anticipated, deletion of relevant records can create serious evidentiary difficulties.

A litigation-preservation process should be considered for important commercial disputes.

What If the Foreign Executive Cannot Obtain a Visa or Travel?

Document the obstacle and raise it with the Turkish court through counsel promptly. The company may then request an appropriate alternative where procedurally available.

Do not wait until the hearing date to explain a known travel problem.

Medical or Business Commitments Do Not Automatically Excuse Attendance

Where personal attendance has been specifically ordered, scheduling difficulties should be raised formally and supported appropriately.

The court determines whether the reason justifies postponement or another method.

Travel Costs Should Be Considered Strategically

For executives located far from Turkey, travel may involve substantial cost and business disruption. Where legally available, remote examination or international judicial assistance may be more efficient.

However, efficiency should not override procedural compliance.

When Can Personal Attendance Be Strategically Helpful?

Sometimes voluntary personal attendance can strengthen presentation of a complex commercial case, particularly where the executive personally negotiated the disputed agreement and credibility is central.

The decision should be made after reviewing both legal necessity and litigation strategy.

When Might Personal Attendance Be Unnecessary?

If the dispute is primarily documentary and the executive has no personal knowledge, physical attendance may add little value.

Contracts, accounting records, correspondence and expert evidence may be more important.

Foreign Companies Should Avoid Last-Minute Preparation

International executives should receive sufficient time to review the dispute, relevant documents, chronology and procedural role.

A CEO first reading a five-year-old contract on the flight to Turkey is unlikely to be well prepared for detailed questioning.

Create an Executive Evidence File

The file should contain the relevant contracts, amendments, key correspondence, payment records, chronology, corporate-authority documents and the court’s specific questions or disputed issues.

Keep the file focused rather than overwhelming the executive with the entire litigation archive.

Separate Personal Knowledge From Company Information

The executive should understand which facts they personally witnessed and which facts are known only from company records.

This distinction improves accuracy and credibility.

What If the Executive’s Evidence Conflicts With Documents?

The discrepancy should be investigated before the hearing. It may result from memory, translation, incomplete records or a genuine factual conflict.

Do not ignore contradictions until cross-examination or judicial questioning exposes them.

Can Failure to Attend Cause the Company to Lose Automatically?

Not necessarily. The consequences depend on the procedural role of the executive, the court order and the evidence at issue.

Nevertheless, unjustified failure to comply with a specific procedural order can harm the company’s litigation position.

What Should a Foreign Company Do Immediately?

The company should obtain the court file, determine whether the executive is being called as a witness, party representative or in another capacity, review the exact attendance order, identify available remote or international evidence mechanisms, ensure Turkish counsel has proper authority, prepare translations and corporate documents, preserve relevant evidence and decide whether physical attendance is legally necessary or strategically advisable.

Frequently Asked Questions

Must a foreign CEO travel to Turkey simply because their company is sued?

No. Foreign companies can generally conduct litigation through Turkish counsel, although particular procedural acts may require personal involvement.

Can a CEO testify remotely?

Potentially, depending on the procedural mechanism and the court’s decision.

Can testimony be taken in the executive’s home country?

Potentially. International judicial assistance mechanisms may be available depending on the country and type of evidence.

Can the CEO simply send a notarized written statement?

A written statement should not automatically be treated as a substitute for testimony or another procedural examination ordered by the court.

What if the CEO does not speak Turkish?

Interpretation may be required so that the executive can understand the proceeding and communicate accurately.

Can another director appear instead?

Possibly for certain corporate purposes, but not necessarily where the court seeks the personal knowledge of a specific individual.

What if the director no longer works for the company?

A former director may still be relevant as a witness if they possess personal knowledge of the disputed transaction.

Should the CEO travel if there is also a criminal investigation?

Any known criminal investigation should be reviewed separately before travel. Commercial and criminal proceedings can create different legal consequences.

What happens if a foreign executive ignores the court request?

The consequences depend on the nature of the request and the person’s procedural position. The order should be addressed formally rather than ignored.

What is the most important first step?

Obtain the Turkish court’s actual order and determine exactly why the foreign CEO or director is being requested. Whether travel is required depends on the executive’s procedural role, the evidence sought and whether the court accepts an alternative method of participation.

Client-Focused Legal Support for Foreign Executives in Turkish Commercial Litigation

Foreign CEOs and directors involved in Turkish commercial disputes may face issues concerning personal attendance, witness testimony, corporate representation, remote hearings, international judicial assistance, translation, corporate authority and parallel proceedings. Fırat Fesih Kaya Law Office assists foreign companies, shareholders, CEOs and directors involved in commercial litigation in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing court orders, determining whether executive attendance is required, preparing foreign corporate documents and evidence, coordinating procedural applications and representing international companies before Turkish courts.

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