Commercial disputes in Türkiye rarely turn on the merits alone. The forum, the pre-action requirements and the availability of interim relief often shape the outcome as much as the underlying contract. A claim brought in the wrong court, or filed without the mediation step now required for monetary claims, can be dismissed before the substance is ever heard. Understanding this procedural architecture from the outset is therefore central to protecting a commercial position.
Competent court and mandatory mediation
The starting point is subject-matter jurisdiction. Under the Turkish Commercial Code No. 6102 (TCC), Arts. 4-5, disputes classified as commercial are heard by the Commercial Courts of First Instance (Asliye Ticaret Mahkemesi). This category covers, among others, disputes arising from a commercial enterprise, from negotiable instruments and from company law matters. Where no commercial court is established in a locality, the ordinary Civil Courts of First Instance exercise its functions, but the commercial character of the dispute still governs the applicable rules.
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Before a monetary claim can be filed, a further step applies. Since 1 January 2019, TCC Art. 5/A has made applying to mediation a mandatory precondition to litigation for commercial receivable and compensation claims for a sum of money; a 2023 amendment extended it to actions to set aside an objection to enforcement, negative declaratory actions and restitution actions. The claimant attaches the final report to the statement of claim. A claim filed without any mediation application is dismissed on procedural grounds; where the report is merely missing, the court first grants a one-week final period to produce it (Mediation Law No. 6325, Art. 18/A).
A commercial receivable claim filed without completing mandatory mediation will be dismissed without any examination of the merits. The mediation step is not a formality but a condition of admissibility.
Disputes outside these categories may go directly to court, and where the parties have an arbitration agreement the mandatory mediation rules do not apply (Mediation Law No. 6325, Art. 18/A).
The course of proceedings and appeals
Once litigation begins, it follows the framework of the Code of Civil Procedure No. 6100 (CCP). The process moves through defined stages:
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| Stage | What happens |
|---|---|
| Pleadings | Statement of claim, response, reply and rejoinder set the boundaries of the dispute |
| Preliminary examination | The court checks procedural conditions and clarifies the disputed issues |
| Evidentiary phase | Documents, expert reports and witness testimony are examined |
| Judgment | The court renders its decision on the merits |
Commercial cases whose value does not exceed a statutory threshold, revalued every year, are heard under the simple procedure (TCC Art. 4(2)); there only the statement of claim and the response are exchanged, with no reply or rejoinder (CCP Art. 317).
After judgment, Türkiye applies a two-tier review system. The first level is istinaf before the Regional Court of Justice (Bölge Adliye Mahkemesi), which reviews both fact and law and may re-assess the evidence. Where the statutory conditions are met, the decision may then go to the Court of Cassation (Yargıtay) through temyiz, which is confined to questions of law. Each stage carries strict time limits, and the right to appeal is easily lost if the deadline passes.
Interim relief: injunctions and attachment
Litigation and arbitration both take time, and a defendant may dissipate assets in the interim. Turkish law provides two principal protective tools.
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An interim injunction (ihtiyati tedbir) under CCP Arts. 389 and following preserves a factual or legal situation where a change would make it significantly harder or impossible to obtain a right, or where delay would cause serious harm. It is directed at the subject of the dispute itself.
A precautionary attachment (ihtiyati haciz) under the Enforcement and Bankruptcy Law No. 2004 (EBL), Arts. 257 and following freezes the debtor’s assets to secure a due monetary claim that is not secured by a pledge. It is a creditor’s tool aimed at preventing the debtor from placing assets beyond reach before enforcement.
For an injunction, the applicant must show on a prima facie basis that it is right on the merits and that a change in the present situation would make obtaining the right significantly harder or impossible, or that delay would cause serious harm (CCP Arts. 389-390). For an attachment of a due claim not secured by a pledge, evidence that satisfies the court of the claim is sufficient; grounds such as concealing assets, absconding or fraudulent transactions are required only where the debt is not yet due (EBL Arts. 257-258). As a rule the applicant must also provide security for the loss the measure may cause if it proves unjustified; the court may waive it only where the law allows, for example where an attachment is based on a court judgment (CCP Art. 392; EBL Art. 259).
Interim relief also runs the other way. A party who disputes the debt can seek a negative declaratory judgment and, where the action is filed before enforcement begins, an injunction staying the proceedings against security of at least 15% of the claim (EBL Art. 72). In a commercial matter, mediation must be attempted before this action as well (TCC Art. 5/A). Those routes and their deadlines are set out on our enforcement defence page and in receiving a payment order in Türkiye.
Arbitration options
Where the parties have agreed to it, arbitration offers an alternative to the courts, valued for confidentiality, flexibility and, in cross-border matters, a neutral forum.
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- Domestic arbitration is governed by CCP Arts. 407-444 and applies to disputes without a foreign element where the seat of arbitration is in Türkiye.
- International arbitration, where the dispute carries a foreign element, may fall under the International Arbitration Law No. 4686 (IAL).
- Institutional arbitration is administered by bodies such as ISTAC (the Istanbul Arbitration Centre) and the ICC, each applying its own procedural rules.
The foundation of any arbitration is the arbitration clause. Its drafting determines the seat, the governing procedural rules, the language and, ultimately, whether the resulting award can be enforced. A defective clause can leave a party litigating over the forum itself before the substance is ever reached. The enforcement of foreign arbitral awards in Türkiye, which proceeds within the framework of the New York Convention, is examined in a separate article.
Our approach
We begin every commercial dispute by mapping the procedural landscape: the competent forum, whether mandatory mediation applies, and the exposure that interim relief might address. Where the client’s receivable is at risk, we consider precautionary attachment or an interim injunction at an early stage rather than waiting for judgment.
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Throughout litigation we manage the pleadings, evidence and expert process under the Code of Civil Procedure, and we advise on the timing and prospects of appeal. Where a contract contains an arbitration clause, or where the client is negotiating one, we assess the appropriate seat, institution and rules, whether ISTAC, the ICC or a domestic framework. Our role is to align the procedural strategy with the commercial objective, so that the mechanism chosen serves the outcome the client actually needs.
Related Practice Areas & Strategic Legal Guides
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- Commercial Debt Collection & Asset Recovery: Cross-border B2B debt enforcement and precautionary asset freezes (İİK 257).
- Foreign Judgment & Arbitral Award Enforcement (Tenfiz): Exequatur proceedings under MÖHUK No. 5718 and the 1958 New York Convention.
- Commercial Fraud & White-Collar Crime: CMK 128 seizure of assets in criminal proceedings, director embezzlement, and MASAK investigations.
- Legal Matters in Istanbul for Foreign Clients and Companies: Strategic litigation and court representation across Çağlayan, Kartal, and Bakırköy courthouses.
