Litigation in Turkiye

1. General Trends

1.1. What is the current state of litigation in your jurisdiction, and what recent trends or developments have been observed?

Since litigation processes are lengthy and costly, alternative dispute resolution methods have become increasingly popular in recent years. Likewise, as mediation has been made mandatory in commercial matters, labor law, and consumer law, the scope of litigation has expanded in this direction. Please also note that digital court filings (through the UYAP system) contributed a lot to the jurisdiction.

In parallel, local arbitration solutions such as ISTAC have also gained prominence.

On the other hand, the European Union harmonization process is ongoing, with amendments being made to regulations, particularly in areas such as data protection. Additionally, with economic developments, tax amendments are also on the agenda.

1.2. What are the key legal frameworks that regulate litigation?

Turkiye’s litigation system is governed by several key legal frameworks that regulate different aspects of judicial processes such as public law and private law. As to private law, these are the key regulations: (i) Turkish Code of Civil Procedure (HMK - Law No. 6100): Governs civil trials, evidence rules, and appeals, (ii) Turkish Commercial Code (Law No. 6102): overs business disputes, corporate litigation, and contracts, (iii) Turkish Code of Obligations (Law No. 6098): Regulates contractual and tort liability cases.

2. Jurisdiction and competence

2.1. How is the court system structured in your jurisdiction?

The Turkish judicial system is divided into judicial judiciary (courts of first instance, regional courts of appeal, and the Supreme Court of Appeals), administrative judiciary (courts of first instance, regional administrative courts, and the Council of State), constitutional judiciary (the Constitutional Court) and conflict judiciary (the Court of Dispute). In addition to these, the Council of Judges and Prosecutors, the electoral judiciary (Supreme Electoral Council), and the accountability judiciary (Court of Accounts) are also part of the judicial system.

Each of these institutions is independent in its own field and does not interfere with each other’s fields.

2.2. Are there specialized courts for specific types of litigation?

Courts with general jurisdiction are the courts that are obliged to hear all cases and proceedings that fall within the jurisdiction of the same judicial law system unless otherwise regulated by law. The civil court of first instance and the court of peace are courts of general jurisdiction.

Courts with special jurisdiction are the courts that are obliged to resolve certain types of disputes or disputes arising between certain persons or professional groups. Courts with special jurisdiction are courts specialized in a certain field. Courts such as family courts, labor courts, intellectual and industrial rights courts, and consumer courts are courts with special jurisdiction.

2.3. How is jurisdiction determined in cross-border litigation, especially in cases involving foreign parties or multiple jurisdictions?

Jurisdiction rules are divided into three general jurisdiction rules, special jurisdiction rules, and exclusive jurisdiction rules. The general jurisdiction court is the place of residence of the defendant, in other words, if the defendant’s place of residence is in Turkiye, Turkish courts are competent. For some disputes, courts other than this general jurisdiction court may be authorized.

In disputes regarding property, in addition to general jurisdiction courts, the court of the place where the property is located is authorized.

In disputes regarding contracts, the court of the place of performance of the contract is competent. In cases arising from tort; the court of the place where the tort was committed, the court of the place where the damage occurred, or even the court of the place where the damage is likely to occur or the court of the place of residence of the injured party are competent. In cases regarding the liquidation of inheritance and property regime, if the last place of residence of the deceased is not in Turkiye, the court of the place where the assets in the estate are located is competent.

The jurisdiction rules specified in relation to public order are exclusive jurisdiction rules. In disputes regarding the real estate, the court where the real estate is located has exclusive jurisdiction.

3. Initiating Litigation

3.1. What are the primary steps required to initiate litigation in your jurisdiction?

In order to initiate litigation in Turkiye, the plaintiff must submit a statement of claim to the competent court. The lawsuit is officially deemed to have commenced on the date when the statement of claim is filed.

The statement of claim must include the name of the court, the full names, and addresses of the plaintiff and the defendant, their Turkish ID number or MERSIS or tax number (if the relevant party is a company), the full name and address of the plaintiff’s legal representative (attorney), if any, the amount claimed in the dispute, the factual allegations with corresponding evidence, the legal basis for the claim(s), the clearly defined request, the signature of the plaintiff or their legal representative.

If the dispute falls under a category requiring mandatory mediation, such as certain commercial and labor disputes, the plaintiff must also submit a duly signed mediation report attached to their statement of claim, indicating that the parties were unable to reach a settlement during the mediation proceedings.

The plaintiff must also demonstrate a legitimate interest in filing the claim. The case must be brought before a court with both territorial and substantive jurisdiction, and the parties must have the legal capacity to sue or be sued. The claim must not be subject to another pending lawsuit or be part of an enforceable, finalized court judgment.

In certain cases, a security amount may be required to be deposited to the court. For instance, foreign nationals may need to deposit a foreigner’s security bond in order to file a lawsuit before Turkish courts.

The plaintiff must also pay an initial portion of the court fees when commencing litigation. If applicable, security for costs must be deposited. The court serves the statement of claim to the defendant(s) either through conventional mail or electronically through the court’s online system which is called the “National Judiciary Informatics System” (i.e., UYAP).

3.2. Are there any specific requirements for parties regarding pre-litigation procedures?

Applying for mediation is mandatory before filing a lawsuit related to certain specifically regulated matters. For example, mediation is required as a prerequisite for filing lawsuits concerning receivables based on Turkish Labor Law, individual or collective labor agreements, reinstatement claims, commercial disputes exceeding a certain monetary threshold, consumer disputes, eviction claims arising from rental agreements, rent receivables, and compensation arising from the rental relationship.

If the parties fail to reach a settlement during the mediation proceedings, the mediator issues a final report, confirming that the process was unsuccessful, which allows the parties to proceed with the lawsuit. This report must be attached to the lawsuit petition when filing the case in court; otherwise, the lawsuit will be dismissed on procedural grounds without an examination of the merits of the case.

Additionally, in certain types of disputes, there are specific procedural requirements such as mandatory notifications or waiting periods before filing a lawsuit. For instance, in eviction lawsuits (e.g., for rental agreements), it is necessary to first send a written notice to the tenant through a Notary Public, granting them a specified period (usually 3 months) to vacate the premises before filing the lawsuit. Failure to comply with these requirements, regulated by various laws, may result in the dismissal of the lawsuit.

For other types of disputes where there are no specific regulations on pre-requisites, sending a formal notice (through a Notary Public) or engaging in voluntary pre-litigation negotiations can still be beneficial for documenting claims, attempting settlement, and strengthening the party’s position in court.

Furthermore, certain contracts may include alternative dispute resolution (ADR) clauses, such as arbitration, which require the parties to attempt resolution through specified procedures before resorting to litigation.

4. Timelines

4.1. What are the typical timelines for different stages of litigation, from initiation to resolution?

The typical timelines for different stages of litigation in Turkiye can vary depending on the complexity of the case and the type of court involved. However, the general process begins when the plaintiff submits the statement of claim to the competent court. After the submission, the court issues a preliminary examination report in which it evaluates whether the statement of claim includes the required elements and all necessary documents have been submitted by the plaintiff and decides on the next steps. This report is then served to the defendant(s) along with the statement of claim.

The defendant(s) has two weeks to submit their response petition to the court. If the defendant(s) needs more time, they can request an extension of up to one month under the written procedure or up to two weeks under the simplified procedure.

There are two procedural types in civil litigation: the written procedure, which includes an exchange of four rounds of written submissions (plaintiff’s statement of claim, defendant’s response, plaintiff’s reply, and defendant’s rejoinder), and the simplified procedure, where only the statement of claim and the defendant’s response are allowed, with no further exchange of petitions.

Once the exchange of petitions is complete, the case proceeds to the preliminary investigation stage. During this stage, a preliminary examination hearing takes place. In this first hearing of the case, the court determines the matter in dispute, evaluates the preliminary objections of the parties, takes necessary actions for the collection and submission of evidence, and encourages the parties to settle their case. Depending on the judge’s discretion, a period—usually two weeks—may be granted to the parties to submit their evidence, including their witness list.

Following the preliminary investigation, if all the conditions are met, the court will proceed with the consideration of the merits. This stage may include hearings of witnesses, on-site examinations, or the appointment of experts if necessary, depending on the court’s discretion. This phase generally spans several months depending on the case’s complexity. (usually 6 to 24 months). The court may schedule multiple hearings to hear the remaining witnesses or arguments, leading up to the issuance of the final judgment. During this trial stage, the court typically grants the parties a period of two weeks to submit their statements concerning the witnesses’ testimonies after the hearing(s) where the witnesses are heard. The court may also decide to send the case file to an expert or a panel of experts for the preparation of an expert report. The parties are again granted two weeks to submit their statements regarding the expert report. During this period, the parties have the right to object to the findings of the expert report and request that the case be referred to the same expert for an additional report or that a new expert be appointed to prepare a fresh report.

After the consideration of the merits, the court will hear the final statements from both parties in the oral proceedings phase. Once all the arguments have been heard and the evidence reviewed, the court will render its short decision, indicating whether the case is accepted, rejected, or partially accepted and partially rejected. Subsequently, the court issues a reasoned decision, which provides the detailed grounds for the court’s ruling. The reasoned decision must be issued within one month from the date of the short decision and uploaded to the court’s online system, i.e., UYAP. One of the parties must request the service of the reasoned decision for it to be served.

Once the reasoned decision is served, the parties have two weeks to file an appeal before the Regional Court of Appeal or the Supreme Court of Appeals, depending on the type of the dispute, if they wish to challenge the decision of the court of first instance. In the appeal process, the counterparty has two weeks from the official service of the appeal to submit their reply to the appeal, providing their arguments in response to the appeal filed. 

Where the decision is subject to appeal before the Regional Court of Appeal, the appeal process takes approximately one to two years. Where the appeal decision is subject to appeal before the Supreme Court of Appeals, the appeal process takes approximately two to three years. 

The entire litigation process can take several months or longer, depending on the complexity of the case and the procedural steps involved. This extends the timeline of the case, as the appellate court will review the case and issue its ruling, which may take additional months or longer.

In total, the duration of a case from initiation to resolution can range from several months to a few years, depending on the complexity of the dispute, the court’s caseload, and whether the parties appealed the decision of the court of first instance.

4.2. Are there specific time limits for filing claims, and do these vary depending on the type of dispute?

Yes, there are different laws regulating specific time limits for filing certain types of claims, depending on the nature of the dispute. Generally, these time limits are designed to ensure that claims are filed within a reasonable period following the accrual of the right to file a claim.

Contractual Claims: Unless otherwise stipulated by law, all claims are subject to a ten-year statute of limitations as per Article 146 of the Turkish Code of Obligations (“TCO”).

However, certain types of claims have shorter limitation periods:

According to Article 147 of the TCO, claims arising from contracts of work (construction contracts, except where the contractor has failed to fulfill their obligations due to gross negligence or wilful misconduct), agency, commission, representation, brokerage (except for commercial brokerage fees), partnership agreements, small-scale artisan works and minor retail sales, as well as accommodation fees for hotels and similar establishments, rental payments, principal interest, and other periodic obligations such as wages are subject to a five-year statute of limitations.

According to Article 82 of the TCO, claims arising from unjust enrichment are subject to a two-year statute of limitations from the date the plaintiff becomes aware of their right to claim restitution. In any case, such claims expire ten years from the date the enrichment occurred.

According to Article 72 of the TCO, compensation claims are subject to a two-year statute of limitations from the date the injured party becomes aware of both the damage and the liable party. In any case, such claims expire ten years from the date the wrongful act was committed. If the compensation claim arises from an act that constitutes a criminal offense, the longer limitation periods stipulated under the Turkish Penal Code shall apply.

Commercial Claims:  If the dispute involves a commercial relationship, the Turkish Commercial Code (“TCC”) may introduce different statutes of limitations:

According to Article 60 of the TCC, civil claims arising from acts of unfair competition are subject to a one-year statute of limitations from the date the plaintiff becomes aware of the violation and the responsible party. In any case, such claims expire three years from the date of the act constituting unfair competition.

According to Article 855 of the TCC, claims related to bodily injuries or death of a passenger in a transportation accident are subject to a ten-year statute of limitations.

According to the same provision, claims related to other damages in transportation (e.g., loss, damage, or late delivery of goods) are subject to a one-year statute of limitations.

According to the same provision, in the event that the carrier acted intentionally or with reckless misconduct, the statute of limitations for claims related to cargo loss, damage, late delivery, or passenger delays is extended to three years.

According to Article 1482 of the TCC, compensation claims against the insurer are subject to a ten-year statute of limitations from the date of the insured event.

Employment Law-Related Claims: According to Article 32 of the Turkish Labor Law, claims regarding wages, bonuses, and similar payments are subject to a five-year statute of limitations.

According to Article 20 of the Turkish Labor Law, employees claiming that their employment agreements have been unfairly terminated by their employer must initiate mediation proceedings with a reinstatement claim within one month of their dismissal. If no agreement is reached during the mediation proceedings, the employee may file a reinstatement lawsuit before a Turkish labor court within two weeks from the date the final mediation report is issued.

Consumer Law Related Claims: According to the Turkish Consumer Protection Law, liability for defective goods is subject to a two-year statute of limitations from the date of delivery to the consumer, even if the defect appears later unless a longer period is specified by law or contract. For residential or vacation properties, this period is five years from the delivery date. In second-hand sales, the seller’s liability cannot be less than one year, and for residential or vacation properties, not less than three years. However, if the defect was fraudulently or grossly negligently concealed, no statute of limitations applies.

Claims Against Public Entities: If the claim involves administrative institutions (such as municipalities or governmental institutions), the relevant party must comply with the Turkish Administrative Procedure Law, which usually requires filing an objection with the relevant administrative authority for redress before pursuing a lawsuit. Compensation claims (full remedy actions) must be filed within one year from the date the plaintiff becomes aware of the unlawful act, and in any case, no later than five years from the date of the disputed act itself.

5. Interim Measures

5.1. What interim remedies are available in your jurisdiction?

The Court is entitled to render any type of verdict to ensure that the prejudice is averted, or the damage is avoided such as protecting the property or the right, assigning a trustee; prohibiting or mandating certain actions. All these actions are subject to similar procedures. Some examples of interim remedies are:

- Prohibiting a property to be transferred to third parties

- Ordering for delivery of a property to the rightful owner or a trustee

- Prohibiting the circulation of a bill of exchange or similar instrument

- Prohibiting a bank guarantee letter to be uncashed

- Ordering for payment of a certain sum, etc.

- Appointing a trustee for administration of assets.

As a rule, interim injunctions are temporary (until the final verdict is rendered), bound by the final verdict of the Court, and do not provide conclusive remedies. Moreover, interim injunctions cannot be facilitated to give the same result as the final verdict.

5.2. Under what circumstances can a party obtain an interim injunction, and how quickly can such relief be granted?

Interim injunctions may be granted by related courts before filing a lawsuit or during the due process under the conditions that (1) a change in the present circumstances may lead to great difficulties or even be extinguishing to obtain a right, or (2) a delay may cause serious damage. The scenarios for requesting an interim injunction are essentially regulated as general rules and the Court is entitled to consider the substantial dispute at hand and render a verdict accordingly:

A. It is mandatory to explain the grounds and the type of interim injunction claim and prove the legitimacy of the claim approximately. “Proving the claim approximately” can be understood as laying all relevant evidence and necessary explanations in order to give an “almost certain” opinion and persuade the Judge of the legitimacy of the claim.

B. As a general rule, a suitable warranty should be submitted. The court may decide otherwise in case the claim rests upon an official document or conclusive evidence, or the conditions are favorable for such decision. Plaintiffs who are eligible for legal aid are not required to submit a warranty.

C. If the compensation case is not filed within one month following the finalization of the judgment regarding the main lawsuit or the abolition of the interim injunction, the warranty is returned.

A temporary interim injunction may be requested in front of the related court, whereas the plaintiff is obliged to file the substantive lawsuit in 14 days following the execution of the interim injunction. 

It is also possible to file for an interim injunction whilst filing for the substantive lawsuit and even during the due process if necessary.

The interim injunction must be executed within 7 days following the date of the verdict, otherwise it is annulled.

In general, the court hears the respondent before ruling for an interim injunction. Nevertheless, in case the plaintiff’s rights are in need of urgent protection, the Court may decide on an interim injunction ex parte (in the respondent’s absence).

6. Discovery

6.1. What are the rules governing the discovery process in your jurisdiction?

In general, trial procedures are regulated by the Code of Administrative Procedure, the Code of Civil Procedure, and the Code of Criminal Procedure.

The procedure to be applied differs according to the court where the case is filed or the nature of the dispute. In criminal proceedings, simplified proceedings, ordinary proceedings; in civil proceedings: simplified proceedings, written proceedings; in administrative proceedings, summary proceedings and written proceedings are regulated.

6.2. What types of evidence can be requested, and how are discovery disputes resolved?

Evidence that binds the judge and ensures the resolution of the dispute is called conclusive evidence. Definitive evidence eliminates the discretion of the judge. Evidence other than conclusive evidence and on which the judge uses his discretion is called discretionary evidence.

Definitive Evidence: Deed, Oath, Final judgment.

Discretionary Evidence: Witness, Expert Witness, Court Viewing, Expert opinion, All other evidence.

6.3. How is evidence presented and evaluated during litigation?

The general rule in civil procedure law is that the evidence should be prepared by the parties and submitted to the court; the judge cannot collect evidence ex officio.

The parties are obliged to submit to the court their evidence that proves the facts, together with samples and certified copies of the same, in an amount of one more than the number of defendants, as an annex to the statement of claim.

Unless otherwise stipulated, the evidence shall be examined in the presence of the court hearing the case. In exceptional cases, evidence may be collected, and witnesses may be heard through rogatory. Except in exceptional circumstances, the party presenting evidence cannot refrain from presenting the evidence without the consent of the other party.

The judge has the authority to freely evaluate the evidence, except for conclusive evidence.

If the judge is of the opinion that the evidence presented is not sufficient to clarify the facts, the judge may request the parties to bring new evidence.

Legal transactions carried out for the purpose of the accrual, forfeiture, transfer, modification, renewal, postponement, acknowledgment, and redemption of a right must be proven with a deed if the amount or value at the time of the transaction is TL 33,000 (as of 2025). Even if the amount or value of these legal transactions falls TL 33,000 (as of 2025) for a reason such as payment or release from debt, they cannot be proved without a deed. This rule is called the obligation of proof by deed. A deed is a written document created by a person to constitute evidence against himself and bearing his own signature.

7. Enforcement of Judgments

7.1. What types of judgments can be issued in civil litigation, and how are they enforced?

According to Article 47 of the International Private and Procedural Law (“IPPL”), on the condition that the dispute involves a foreign element and arises from contractual obligations, parties to a contract may agree to have their disputes resolved by a court of a foreign country.

Jurisdiction agreements: (i) must be in writing, (ii) can only be made between merchants or public legal entities, (iii) must specify the court or courts with jurisdiction, and (iv) cannot cover matters where parties lack the freedom to choose jurisdiction or where exclusive jurisdiction rules apply.

According to Articles 5 and 6 of the IPPL, if the chosen foreign law conflicts with Turkish public order or mandatory Turkish legal provisions, Turkish law will take precedence. This ensures that essential Turkish legal principles are upheld and cannot be overridden by foreign laws.

Another scenario that might prevent the application of foreign law is the rules that are directly applied (interventionist norms).

These rules aim to realize the social, economic, and political interests of the state organization, rather than the parties. In this respect, these are the rules that must be applied to every relevant event and legal relationship, regardless of the foreign element.

These rules may be illustrated as occupational safety provisions, provisions protecting special groups of workers, and provisions regarding strikes, embargo regulations, and bans imposed by cartel regulations.

7.2. Are there specific provisions for cross-border litigation or enforcement of foreign judgments? (Please also see 10.1 below)

Pursuant to Article 6 of the IPPL, for matters that fall within the scope of mandatory provisions of Turkish law, which, due to their particular purpose, are applicable irrespective of the foreign law otherwise applicable, these overriding mandatory provisions of Turkish law will prevail.

Thus, while providing advice to the clients, it should be noted that the freedom of parties to choose applicable law and jurisdiction is limited to commercial and civil contracts according to Turkish Law.

For instance, in areas such as real estate, family law, inheritance law, and criminal law, mandatory provisions apply, and parties do not have the freedom to select the governing law. These fields are subject to mandatory legal provisions that cannot be overruled by the parties’ choices. 

8. Appeal

8.1. What is the appeals process, and what are the grounds for appeal in your jurisdiction?

In Turkiye, the appeal process is structured to allow parties to challenge court decisions through a hierarchical judicial system. The appeal process involves specific monetary thresholds and procedural rules governing the admissibility and grounds for appeal at different levels. The grounds for appeal should be separately examined for the appeal of a decision issued by a court of first instance before the Regional Court of Appeal, and the appeal of a decision issued by the Regional Court of Appeal before the Supreme Court of Appeals.

In general, a party may appeal a decision of the court of first instance before the Regional Court of Appeal, except for decisions related to pecuniary matters with a value under TL 40,000 (for the year 2025). There are no limitations on the grounds for appeal to the regional court of appeal. A party may appeal a first-instance court decision based on any wrong application of procedural or substantive law or factual error. The Regional Court of Appeal will also review any breach of public order ex officio. Unlike the Supreme Court of Appeals, the Regional Court of Appeal may take the place of the court of first instance review the merits of the disputed matter, and issue a decision on the merits of the case.

After the Regional Court of Appeal renders its decision, the case may be appealed before the Supreme Court of Appeals, provided that the value of the disputed matter exceeds TL 544,000 (for the year 2025). The grounds for appeal before the Supreme Court of Appeals include:

• Wrongful application of the law.

• Absence of preliminary requirements to file a lawsuit.

• Unlawful dismissal of evidence.

• Procedural errors affecting the judgment.

In addition to the general appeal process, certain decisions can be directly appealed before the Supreme Court of Appeals, bypassing the Regional Court of Appeal. These are typically final decisions that are legally eligible for direct appeal based on specific legal provisions.

Unless specific laws set exceptional time limits in certain types of disputes, the parties may file an appeal within two weeks of the service of the court’s reasoned decision. In general, filing an appeal does not automatically suspend the execution of the decision issued by the court of first instance, unless exceptional circumstances apply. If such circumstances do not apply, the prevailing party may initiate execution proceedings without awaiting the outcome of the appeal. However, if the losing party has filed an appeal, they can notify the relevant execution office and deposit a certain amount of security to suspend the execution of the proceedings until the case is finalized.

9. Costs and Funding

9.1. How are legal costs determined, and what are the common practices regarding funding litigation?

Court fees are determined and implemented by the government each year. Similarly, a mandatory minimum attorney fee schedule is published for lawyers annually by the Turkish Bar Association. In any case, as stated in the Attorneyship Law, a lawyer’s fee cannot exceed 25% of the principal amount.

9.2. Are there alternative funding options available for parties involved in litigation?

In Turkiye, the litigation funding system is not implemented. However, some lawyers occasionally accept and pursue cases without upfront costs. If they win, they deduct their expenses and attorney’s fees from the collected amount before transferring the remaining funds to their client. However, there is no written regulation governing this practice, and working without receiving an attorney’s fee is prohibited for lawyers under Turkish Law.

10. International Treaties

10.1. How do international treaties or regional agreements impact litigation in your jurisdiction?

The recognition and enforcement in Turkiye of decisions rendered by foreign courts is governed by IPPL.

According to the IPPL, a foreign court’s judgment may not be enforced in Turkiye unless there is legal, factual, or treaty-based reciprocity between such country and Turkiye in the field of enforcement of court judgments of one in the other.

Legal, factual or treaty-based reciprocity must be met for the enforcement of arbitral awards and foreign court judgments. Turkiye is party to two major treaties: New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Hague Convention on Civil Procedure.

The courts write to the relevant Ministries to see if there is reciprocity between Turkiye and the concerned party’s country on the enforcement of arbitral awards and court judgments. Persons are also allowed to apply to the Ministry of Justice and ask if there is reciprocity between certain countries and Turkiye.

There are also other conditions required for the enforcement of foreign judgments stated under article 54 of the IPPL: (i) The judgment in subject must not be contrary to the Turkish public order rules, (ii) The judgment must be given on matters not falling within the exclusive jurisdiction of the Turkish courts, (iii) The defendant against whom the judgment is rendered must be duly summoned and represented before the court.