Foreign Company Wants to Sue a Turkish Business From Abroad: Power of Attorney, Evidence and Procedure 2026 Updated Guide

Can a foreign company sue a Turkish business without coming to Turkey? Learn about power of attorney, apostille, evidence, jurisdiction, mediation, court proceedings, enforcement and practical litigation strategy in 2026.

A foreign company does not necessarily need to establish an office in Turkey or send its directors to Turkey merely to bring a commercial claim against a Turkish company. In many disputes, proceedings can be managed through a Turkish lawyer acting under a properly issued power of attorney. However, cross-border litigation requires careful preparation before filing. Jurisdiction, contractual dispute-resolution clauses, mandatory mediation, limitation periods, corporate authority documents, service, foreign-language evidence, translations, court costs and eventual enforcement should all be examined at the beginning. Fırat Fesih Kaya Law Office assists foreign companies pursuing commercial claims against Turkish businesses and coordinates the litigation process from the preparation of foreign corporate documents through judgment and enforcement.

Can a Foreign Company Sue a Turkish Company in Turkey?

Yes. A foreign legal entity can generally pursue a claim before Turkish courts when Turkish courts have jurisdiction over the dispute and the applicable procedural requirements are satisfied.

The foreign company does not lose its right to sue merely because it has no subsidiary, branch or permanent establishment in Turkey.

The real questions are which court has jurisdiction, which law governs the underlying dispute and whether the contract contains an arbitration or jurisdiction clause.

Does the Foreign Company’s Director Need to Travel to Turkey?

Not necessarily. Many procedural steps can be conducted by Turkish counsel under a valid power of attorney.

Whether a director or another company representative will eventually need to participate personally depends on the nature of the dispute and developments during proceedings.

Power of Attorney Is One of the First Issues

A foreign company intending to litigate in Turkey should arrange a power of attorney that enables Turkish counsel to represent the company before the relevant courts and authorities.

Because the principal is a foreign legal entity, the documentation must also establish that the person signing the power of attorney is authorized to represent that company.

Who Should Sign the Power of Attorney?

The power of attorney should be signed by the individual or individuals who have legal authority to represent the foreign company.

The company’s corporate records should therefore be checked before execution.

If two directors must act jointly, for example, the documentation should be structured accordingly.

Apostille or Legalization May Be Necessary

Foreign corporate and notarial documents intended for use in Turkey may require an apostille where the relevant international framework applies.

Where apostille procedures are unavailable, consular or diplomatic legalization procedures may become necessary.

The correct procedure depends on the country in which the document is issued.

Corporate Authority Documents Should Be Prepared

In addition to the power of attorney, the foreign company may need documentation establishing its legal existence and the representative authority of the person signing on its behalf.

These documents should be prepared consistently so that the company’s identity and representation structure are clear.

Turkish Translation May Be Required

Documents submitted to Turkish courts generally need to be presented in a procedurally acceptable form. Foreign-language contracts, invoices, correspondence, corporate records and other evidence may therefore require Turkish translations.

For large commercial disputes, translation planning should begin early because thousands of pages of evidence can significantly increase both costs and preparation time.

Check the Contract Before Filing Anything

The underlying agreement should be reviewed before deciding where to sue.

Pay particular attention to:

• jurisdiction clauses,
• arbitration clauses,
• governing-law clauses,
• notice provisions,
• payment conditions,
• limitation-of-liability clauses,
• termination provisions,
• contractual limitation periods,
• penalty clauses,
• guarantees and security.

A foreign company should not commence Turkish court proceedings before determining whether it previously agreed to arbitration or another dispute-resolution mechanism.

Which Turkish Court Has Jurisdiction?

Jurisdiction depends on the nature of the dispute, the parties, contractual provisions and applicable procedural rules.

Commercial disputes between businesses will frequently fall within the commercial-court system, but the exact competent court should be determined for the specific claim.

Can the Contract Choose a Turkish Court?

Commercial agreements may contain jurisdiction provisions, subject to applicable procedural requirements.

The wording should be examined carefully rather than assuming that a general reference to “courts in Turkey” necessarily resolves every jurisdictional issue.

What If the Contract Requires Arbitration?

An arbitration clause can fundamentally change the litigation strategy.

If the parties validly agreed to arbitration, commencing ordinary court proceedings may lead to jurisdictional objections. The arbitration clause should therefore be reviewed before any substantive lawsuit is filed.

Which Law Applies to the Contract?

Jurisdiction and applicable law are separate issues.

A Turkish court may potentially hear a dispute involving a contract governed by foreign law. Conversely, the fact that Turkish law governs a contract does not automatically answer every jurisdictional question.

A conflict-of-laws analysis may therefore be necessary.

Mandatory Mediation Must Be Checked

Certain Turkish commercial monetary disputes may require mediation before litigation.

Where mandatory mediation applies, filing the lawsuit without completing the required pre-litigation process can create procedural consequences.

Foreign companies should therefore determine whether mediation is required before filing.

Can the Foreign Company Participate in Mediation From Abroad?

Representation through counsel can substantially reduce the practical burden on a foreign company. The precise representation authority and procedure should be arranged correctly before mediation begins.

Settlement authority deserves particular attention because commercial mediation can lead to a binding resolution.

Limitation Periods Must Be Checked Immediately

A foreign company should not spend months negotiating while assuming that its claim can be filed at any time.

The applicable limitation period depends on the legal basis of the claim. Contractual claims, commercial receivables, damages and other causes of action may be subject to different rules.

What Evidence Should the Foreign Company Collect?

The company should create a complete evidence file before proceedings begin. Depending on the dispute, this can include the contract, amendments, purchase orders, invoices, delivery documents, bank records, accounting records, notices, emails, messaging records, meeting minutes, technical reports, photographs and expert evidence.

Contracts and Amendments Are Critical

Provide the complete contractual chain rather than only the original agreement.

Side letters, addenda, revised purchase orders and later amendments may substantially change the parties’ rights.

Invoices Alone May Not Prove the Entire Claim

An invoice can be important evidence, but commercial litigation should normally be built around the entire transaction.

The foreign company should also preserve evidence of performance, delivery, acceptance and non-payment.

Bank Records Should Be Preserved

For payment disputes, bank statements and transfer records can demonstrate payments already made, partial payments, refunds and outstanding balances.

Payment references should be matched with invoices where possible.

Email Evidence Can Be Important

Commercial emails can establish orders, acknowledgments of debt, complaints, delivery arrangements, settlement discussions and admissions.

Preserve the complete correspondence rather than isolated screenshots whenever possible.

WhatsApp and Other Messages May Also Become Relevant

Business communications increasingly occur through messaging applications. Their evidentiary value depends on authenticity, context and the circumstances in which they were obtained.

Original electronic records should therefore be preserved.

Do Not Edit Digital Evidence

A foreign company preparing litigation should not alter screenshots, remove unfavorable parts of conversations or recreate documents.

Preserving the original electronic evidence is essential if authenticity is later disputed.

Foreign Public Documents Require Special Attention

If the case depends on a foreign public or official document, determine what authentication, apostille or legalization requirements apply before filing.

Waiting until the court requests formal authentication can cause avoidable delays.

Expert Evidence May Be Necessary

Technical commercial disputes may require expertise in accounting, engineering, construction, manufacturing, software, valuation or another specialist field.

The litigation strategy should anticipate which issues may eventually require expert examination.

Can a Foreign Expert Report Be Used?

A report prepared abroad can potentially assist the company’s presentation of its case, but its procedural role should be distinguished from any court-appointed expert examination conducted under Turkish procedure.

Foreign technical reports should be prepared with the likely Turkish dispute in mind.

Preserve the Turkish Company’s Admissions

If the Turkish business has admitted the debt, requested additional time, proposed installments or acknowledged defective performance, preserve those communications.

Such evidence can become highly important.

Formal Notice Before Litigation Can Be Useful

Depending on the dispute, sending a properly structured notice before proceedings may help clarify the default, demand performance, preserve contractual rights or establish the counterparty’s position.

The notice should be coordinated with the contract and litigation strategy.

Can Assets Be Protected Before the Case Ends?

In appropriate circumstances, provisional legal protection may need to be considered where there is a genuine risk that the defendant will dispose of assets or otherwise frustrate recovery.

The legal requirements depend on the type of requested measure.

Precautionary Attachment May Be Relevant

For qualifying monetary claims, precautionary attachment can be strategically important where the debtor has assets in Turkey and there is a serious collection risk.

The requirements, supporting evidence and potential security obligations should be assessed before applying.

Injunctions May Be Relevant in Non-Monetary Disputes

Where the dispute concerns shares, contractual rights, intellectual property, property, corporate control or another non-monetary subject, interim injunctive protection may potentially be considered.

The requested measure should be proportionate to the underlying dispute.

Litigation Strategy Should Include Enforcement From Day One

Winning a judgment is only part of successful commercial litigation.

Before spending significant amounts on proceedings, investigate whether the Turkish defendant has bank accounts, real estate, vehicles, receivables, shares or other potentially enforceable assets.

What Happens After a Judgment?

If the foreign company obtains an enforceable Turkish judgment, collection can proceed through the Turkish enforcement system subject to the applicable procedural requirements.

The debtor’s assets may then become the focus of enforcement proceedings.

Can the Turkish Company Appeal?

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

Foreign claimants should therefore distinguish between obtaining a first-instance judgment and reaching final resolution of the dispute.

What If the Turkish Company Has No Assets?

This is one of the most important commercial questions.

A legally strong claim may still have limited practical value if the defendant is insolvent or has transferred away its assets. An asset and enforcement-risk assessment should therefore be conducted as early as possible.

Suspicious Asset Transfers Should Be Investigated

If the Turkish debtor transfers assets to related persons or companies while creditors are pursuing payment, additional remedies may potentially need to be considered.

The timing, recipient, consideration and relationship between the parties can become important.

Can the Foreign Company Sue Shareholders Personally?

The fact that a company owes money does not automatically make its shareholders personally liable.

Personal liability requires a separate legal basis. Guarantees, personal undertakings, unlawful conduct and other specific circumstances should be examined independently.

Can Company Directors Be Personally Liable?

Again, corporate debt does not automatically become director debt.

However, where a director’s own conduct gives rise to an independent legal basis for liability, separate claims may need to be considered.

What If Fraud Is Suspected?

A contractual dispute and criminal fraud should not automatically be treated as the same thing.

Failure to pay a debt alone does not necessarily establish criminal fraud. Where there is evidence of deceptive conduct from the beginning of the transaction, however, potential criminal-law implications may require separate analysis.

Turkish Commercial Records May Be Important

Depending on the dispute, the Turkish company’s commercial books, accounting records and corporate documents may become relevant evidence.

The litigation strategy should identify which records may support the claim.

What If the Turkish Company Denies the Contract?

Preserve signatures, emails, purchase orders, invoices, delivery evidence, payments and performance records capable of demonstrating the contractual relationship.

Electronic contracting evidence may also become important.

Foreign Companies Should Prepare a Chronology

A concise chronology can significantly improve case preparation.

List the contract date, orders, deliveries, invoices, payments, complaints, notices, negotiations and default. Link each event to supporting evidence.

Prepare a Damages Calculation

Do not simply state that the foreign company has “lost money.”

Separate principal debt, contractual interest, damages, additional costs and any other claimed amounts. Each component should have a legal and evidentiary basis.

Currency Issues Should Be Reviewed

Cross-border contracts commonly use euros, US dollars or another foreign currency.

The company should determine how the contract addresses currency, payment location, exchange-rate risk and default interest.

Interest Claims Should Be Calculated Carefully

The applicable interest regime can depend on the contract, type of debt and governing law.

A foreign company should not automatically apply its home-country commercial interest rate to a Turkish lawsuit.

Litigation Costs Should Be Planned

Court fees, expert expenses, translation, notarization, apostille or legalization, service expenses and legal representation can all affect the economics of the dispute.

A realistic litigation budget should be prepared before filing.

Security for Costs May Need to Be Considered

Depending on the foreign claimant’s status, nationality, applicable international arrangements and procedural circumstances, potential security requirements should be examined at the beginning of the case.

This issue should not be discovered only after proceedings have started.

Service Abroad Can Affect the Timeline

Although the claimant is represented in Turkey, some procedural issues involving foreign parties may require cross-border service or international document procedures.

These steps can extend the litigation timeline.

Settlement Can Be Considered at Any Stage

Filing a lawsuit does not prevent commercial settlement.

A strong Turkish litigation position can sometimes create the leverage necessary for a structured payment or negotiated resolution.

Settlement Agreements Should Be Enforceable

If the parties reach settlement, the agreement should clearly regulate payment dates, currency, interest, security, default consequences and release provisions.

Where appropriate, the settlement structure should also consider enforceability in Turkey.

Practical 2026 Litigation Strategy

A foreign company preparing to sue a Turkish business should first review jurisdiction, arbitration, governing law and limitation periods. It should then arrange the power of attorney and corporate authority documents, determine whether mandatory mediation applies, preserve and translate evidence, investigate the debtor’s assets, evaluate interim measures and prepare the claim with enforcement already in mind.

For substantial claims, commencing proceedings without this preparation can result in unnecessary procedural disputes, increased translation expenses and difficulty collecting even after a favorable judgment.

Frequently Asked Questions

Can a foreign company sue in Turkey without opening a Turkish company?

Yes. Establishing a Turkish subsidiary is not generally a prerequisite merely to bring a claim.

Does the foreign company’s director need to come to Turkey?

Not necessarily. Many proceedings can be handled through authorized Turkish counsel, although particular developments may require additional participation.

Does the power of attorney need an apostille?

Depending on where and how the document is issued, apostille or another legalization procedure may be required.

Must foreign evidence be translated into Turkish?

Documents relied upon in Turkish proceedings may need appropriate Turkish translations.

Is mediation required before a commercial lawsuit?

It may be mandatory for certain commercial disputes. This should be checked before filing.

Can emails and WhatsApp messages be used as evidence?

Potentially, subject to rules concerning authenticity, legality and evidentiary assessment. Original electronic records should be preserved.

Can the foreign company freeze the Turkish company’s assets?

Interim measures such as precautionary attachment or injunction may potentially be available where their legal requirements are satisfied.

Can the foreign company recover the debt after winning?

A favorable judgment can be pursued through enforcement procedures, but actual recovery depends significantly on the debtor’s assets.

Can shareholders or directors automatically be sued for company debt?

No. Separate grounds for personal liability are generally required.

What should the foreign company do before filing?

Review the contract and limitation period, determine jurisdiction and any arbitration clause, arrange the power of attorney, organize the evidence, assess mandatory mediation and investigate whether the Turkish debtor has assets capable of satisfying the claim.

Client-Focused Legal Support for Foreign Companies Suing Turkish Businesses

Cross-border commercial litigation can involve jurisdiction disputes, powers of attorney, apostille and legalization, foreign evidence, mandatory mediation, unpaid invoices, contractual damages, precautionary attachment, interim injunctions and enforcement against assets in Turkey.

Fırat Fesih Kaya Law Office assists foreign companies, international investors, manufacturers and exporters pursuing claims against Turkish businesses. Lawyer Fırat Fesih Kaya provides legal assistance from pre-litigation evidence and asset assessment through mediation, commercial litigation, interim measures and enforcement proceedings in Turkey.

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