Ankara Recognition and Enforcement Lawyer: A Foreign Judgment

What is international law, in the sense of disputes with a foreign element?

The focus on this page is the private-international-law dimension, rather than public international law. That is, contracts with a foreign element, family and inheritance relationships, and the effect in Turkey of foreign court judgments and arbitral awards.

Law No. 5718 on Private International Law and Procedure (MÖHUK), and the related bilateral and multilateral treaties, form the basic frame.

Under which heading does a foreign element sit on this page?

• Cross-border contracts for commercial sale and for services
• A jurisdiction agreement and a choice of the applicable law
• Recognition of foreign court judgments, and enforcement of a foreign judgment
• Enforcement of foreign arbitral awards
• Divorce, custody and maintenance where there is a foreign element
• Inheritance and powers of attorney that contain an element abroad

The person entitled under the decision, the debtor and a party to the contract

• Companies that sign a contract with a foreign party
• People who want to use a judgment from a court abroad in Turkey
• Parties to a family-law matter who have dual nationality or who live abroad
• Businesses planning the collection of a cross-border claim
• Parties to a contract that contains an arbitration clause

Is a foreign court judgment valid in Turkey?

As a rule, enforcement of a foreign judgment is required before it can be executed in Turkey. For some legal effects, recognition is required. The conditions are examined according to subject-matter jurisdiction, venue, public policy, and reciprocity or the relevant treaty regime.

1. 1.Gathering the certificate of finality and the procedural documents
2. 2.Checking the apostille or the consular authentications
3. 3.Bringing the action for recognition or for enforcement
4. 4.Once the Turkish decision is final, the stage of execution or of the further transaction

Why do language and jurisdiction matter in an international contract?

The binding language, and the risks of translation and of interpretation, should be fixed clearly in the contract. A clause for the competent court, or an arbitration clause, decides where the dispute will be heard.

A choice of the applicable law affects results such as performance, defects, interest and limitation. If no choice is made, the connecting rules of MÖHUK come into play.

In what order are enforcement and the choice of law read?

First the nature of the foreign element is identified. Then jurisdiction, the applicable law, the evidence and the possibility of enforcement and execution are planned together. The relevant rules of domestic law also come into play, according to whether the dimension is commercial, family or inheritance.

• Checking the language and the version of the contract and of its annexes
• The capacities of the parties and the addresses for service
• Any need for interim measures or for preservation of evidence
• Choosing recognition, enforcement of a foreign judgment, or an action on the merits

The apostille, the translation and the order of the steps

• Leaving jurisdiction and the choice of law unclear
• A missing apostille or authentication
• Errors of translation, and an argument about which text is binding
• The risk of being stopped by public policy
• Service abroad taking longer

Does an arbitration clause close the enforcement action?

In international commercial disputes, arbitration and mediation are often preferred. Under the New York Convention, enforcement of arbitral awards is possible in many countries. Settlement protocols should be written with care, because they can affect the law of more than one country.

Does recognition open the route to execution without enforcement?

A judgment producing legal effects, and its being capable of execution in Turkey, are separate doors. The original of the judgment, the apostille and the sworn translation separate those doors. An apostille is not a copy of the enforcement decision.

The text of the judgment, the document of service and the record of the choice of law are the first documents. A foreign divorce judgment may not correct the civil-registry record without recognition. An arbitration clause does not close court enforcement in every file.

Which step does the retainer carry in a file with a foreign element?

The work is the analysis of jurisdiction and of the applicable law, the chain of authentication of the documents, and the petition for recognition or for enforcement. The engagement agreement does not promise a date of execution. An objection of public policy can be discussed on every foreign judgment. A measured frame leaves uncertain enforcement visible.

Service abroad can take longer than service inside the country. Dual nationality affects jurisdiction and family questions. On a cross-border claim, the place where the debtor’s assets are changes the plan.

What is not promised on a foreign judgment?

Files in Ankara that contain an international element are managed by planning jurisdiction, the applicable law and enforcement. In an assessment centred on Çankaya, the foreign element of each matter is read separately.

A definite result is not promised. The relevant international treaties, and the current decisions of the courts, matter.