TURKEY Law and Practice Contributed by: Selim Can Bilgin, Tolga Bayrak, H. Orhun Atalay and Arda Ömer Kasap, Kabine Law Office
1.3 Arbitration Institutions Based on 2025 statistics, and in light of our experi - ence in the field, the International Chamber of Com - merce (ICC) and the ISTAC are the most frequently chosen arbitral institutions for international arbitra - tion in Türkiye, followed by certain other international institutions such as the London Court of International Arbitration, Stockholm Chamber of Commerce Arbi - tration Institute and Singapore International Arbitra - tion Centre. The popularity of the ICC as a foreign arbitration insti - tution among Turkish parties may be explained by the extensive use of FIDIC standard forms in international construction projects. Given the prominent role of Turkish contractors in cross-border construction and infrastructure projects, many disputes are referred to ICC arbitration pursuant to the dispute resolution clauses contained in the FIDIC standard forms. 1.4 National Courts There are no specialised arbitration courts in Türkiye. Arbitration-related matters are dealt with by the com - petent ordinary courts designated under the applica - ble legislation. Court Assistance For court assistance (such as applying for interim measures before courts, or appointment of an arbitra - tor where provided by law), for both international and domestic arbitrations, the competent court is either the civil court of first instance or the commercial court of first instance based on the subject matter of the dispute pursuant to Article 3 and Additional Article 1 of the International Arbitration Law No. 4686 (IAL) and Article 410 of the Code of Civil Procedure No. 6100 (CCP) (see 2.1 Governing Law for the scope of the IAL and CCP). Recognition and Enforcement of Arbitral Awards Proceedings for the recognition and enforcement of arbitral awards are heard by either the civil or com - mercial court of first instance pursuant to Article 60 (2) of the International Private and Procedural Law No. 5718 (IPPL).
Setting-Aside Proceedings Actions for the setting aside of arbitral awards fall directly within the jurisdiction of the regional court of appeal in both domestic and international arbitrations, as per Article 439 of the CCP and Article 15 of the IAL. 2. Governing Legislation 2.1 Governing Law International arbitration in Türkiye is governed by the IAL, which applies to arbitrations: • containing a foreign element and where the seat of arbitration is in Türkiye; or • where the parties have agreed or the arbitral tribu - nal has decided on its application. Domestic arbitration is governed by the arbitration provisions of the CCP (Articles 407 to 444), which apply where the seat of arbitration is in Türkiye and the dispute does not involve a foreign element within the meaning of the IAL. Under Article 2 of the IAL, a dispute may qualify to have a foreign element: • where the parties’ domicile, habitual residence or place of business are in different states; • where the parties’ domicile, habitual residence or place of business are in a different state from: (a) the seat of arbitration; or (b) the place of performance or the place most closely connected with the dispute; • where at least one shareholder of a party to the underlying contract has brought foreign capital into Türkiye pursuant to the foreign investment legisla - tion, or the performance of the underlying contract requires financing from abroad through a loan or guarantee agreement; or • where the underlying contractual relationship entails the cross-border movement of capital or goods. The IAL is based on the 1985 UNCITRAL Model Law and adopts its fundamental principles and structure.
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