Limitation
Jump to
Which law governs the limitation period for registering a foreign judgment or arbitration award?

Turkish law does not regulate time limitations for the enforcement of foreign arbitral awards. There are conflicting Court of Cassation and doctrine opinions on this matter. One opinion states that the foreign judgment or arbitral award must be enforced in Turkey within the time limit foreseen in the laws of the jurisdiction where the court rendered the judgment. Another opinion states that the time limit for enforcement of foreign judgment or award is the period regulated under the Turkish law for initiation of execution proceedings for court judgments in Turkey, i.e. 10 years under Article 39 of the Execution and Bankruptcy Law.

If the limitation period for registering a foreign judgment is governed by the law of the place of enforcement, what is that limitation period in your jurisdiction?

In light of the foregoing explanations, if it is accepted that the law of the place of enforcement, and therefore the Turkish Law will apply regarding the statute of limitations for the enforcement of a foreign judgment, the limitation period is 10 years.

If the limitation period for registering a foreign arbitration award is governed by the law of the place of enforcement, what is that limitation period in your jurisdiction?

In light of foregoing explanations, if it is accepted that the law of the place of enforcement, and therefore the Turkish Law will apply regarding the statute of limitations for the enforcement of a foreign arbitral award, the limitation period is 10 years.