Enforcement of Saudi Arabian Court Decisions in Türkiye

Under what conditions do court rulings issued in Saudi Arabia have legal effect in Türkiye?

Trade and economic relations between Turkey and Saudi Arabia have gained momentum again in recent years. Increased investments in Saudi Arabia by Turkish companies operating in the construction, energy, healthcare, tourism, defense industry, and retail sectors have led to more frequent legal disputes between the two countries. A significant portion of these disputes are resolved in Saudi Arabian courts, and how these decisions are enforced in Türkiye is of significant importance to both companies and individuals.

One common misconception in practice is that a court decision finalized in Saudi Arabia will be valid in Türkiye without any further action. However, as a rule, a decision of a foreign court can only be directly enforced within the legal system of the country where it was rendered. For the same decision to have legal effect in Türkiye, the recognition or enforcement process to be carried out by Turkish courts must be completed.

In particular, for decisions relating to monetary claims, compensation, or contractual obligations to be enforceable in Türkiye, the foreign court decision must meet the conditions stipulated in Turkish law.

How does Saudi Arabia's legal system affect the enforcement process?

Saudi Arabia's legal system differs from many other countries. One of the primary sources of law in the country is Islamic law, with Sharia principles playing a significant role, particularly in disputes concerning personal status, inheritance, and family law. However, in recent years, comprehensive reforms have been implemented in the areas of commercial, investment, and corporate law, and new regulations aimed at increasing the legal security of foreign investors have been enacted.

Turkish courts, when examining an enforcement case, do not consider the difference between Saudi Arabian law and Turkish law as sufficient grounds for refusal in itself. What matters is whether the enforcement of a foreign court decision in Türkiye constitutes a clear conflict with the fundamental principles of the Turkish legal system.

Therefore, the unique structure of the Saudi Arabian legal system must be evaluated on a case-by-case basis.

The Impact of Court Decisions Arising from Commercial Investments in Türkiye

Saudi Arabia is undertaking significant projects that encourage foreign investment, particularly under its "Vision 2030" program. In this process, Turkish contracting firms, engineering companies, healthcare organizations, and technology firms are also involved in numerous projects.

Large-scale infrastructure investments, energy projects, hotel investments, and public tenders can sometimes lead to contractual disputes between parties. When court decisions resulting from these cases need to be implemented in Türkiye, the enforcement process becomes crucial.

If the debtor's assets are located in Türkiye, the enforcement of a foreign court decision by Turkish courts plays a decisive role in the collection of the debt.

Which Saudi Arabian court decisions can be enforced in Türkiye?

Not every decision rendered in Saudi Arabian courts can be enforced in Türkiye. Enforcement primarily applies to court decisions arising from private law relationships that are enforceable.

The most common decisions encountered in practice are as follows:

• Commercial receivables lawsuits,
• Contractual disputes between companies,
• Decisions regarding construction and works contracts,
• Compensation provisions,
• Family law decisions regarding alimony and property,
• Some inheritance law disputes.

In contrast, sanctions relating to public law or decisions arising from criminal proceedings are subject to different legal principles, and each specific case is evaluated according to its own characteristics.

Will a Turkish court reconsider a Saudi Arabian court's decision?

During the enforcement of foreign court judgments, the Turkish court's role is not to re-examine the dispute. In other words, how the Saudi Arabian court evaluated the evidence, why it gave credence to witness statements, or whether its legal interpretation was correct is not reviewed again in the enforcement proceedings.

A Turkish court only assesses whether legal conditions exist that could prevent the enforcement of a foreign court judgment in Türkiye. This approach is a consequence of the prohibition of revision accepted in private international law and aims to facilitate the international circulation of foreign court judgments.

Assessment from the Perspective of Public Order and the Principle of Fair Trial

As with all foreign court decisions, public order review is important for decisions of Saudi Arabian courts. However, this review does not mean that every difference between the legal systems of the two countries is an obstacle to enforcement.

The Turkish court assesses whether the implementation of the decision constitutes a clear contradiction with the fundamental principles of the Turkish legal system. In addition, it considers whether the defendant was duly notified of the case, whether they were able to effectively exercise their right to defense, and whether the proceedings were conducted in accordance with fundamental procedural safeguards.

This review helps to protect the security of international law and ensures that foreign court decisions to be implemented in Türkiye are consistent with fundamental legal principles.

Disputes Arising from Projects Under Vision 2030

Saudi Arabia, through its Vision 2030 program implemented in recent years, aims to diversify its economy and increase foreign investment. Large-scale urbanization, tourism, energy, and infrastructure projects undertaken within this framework have attracted investors from many countries around the world, including Turkish companies, to the Saudi Arabian market.

In projects undertaken by Turkish contracting firms, engineering companies, energy organizations, and consulting firms, disputes sometimes arise regarding contract implementation, progress payments, project completion deadlines, delay penalties, or compensation claims.

If these disputes are resolved in Saudi Arabian courts, an enforcement order from Turkish courts is required for the decision to be effective on assets located in Türkiye. The enforcement process becomes a crucial legal tool for debt collection, especially if the debtor company has real estate, bank accounts, or other assets in Türkiye.

Commercial Contracts and Lawsuits Between Companies

The growth in trade volume between Turkey and Saudi Arabia has also increased the number of international contracts signed between companies. Many commercial relationships, such as sales of goods, distribution, agency, service procurement, technology transfer, and joint venture agreements, can become the subject of legal disputes between the parties.

Court decisions regarding debts, compensation, or breach of contract issued by Saudi Arabian courts can be enforced after the enforcement process is completed in Turkish courts, provided the debtor has assets in Türkiye. Therefore, for companies engaged in international trade, enforcement is not merely a procedural matter; it is a crucial mechanism for preserving the economic value of the court decision.

The Consequences of Divorce Decrees Issued in Saudi Arabia in Türkiye

The increase in the number of Turkish citizens living in Saudi Arabia has led to a more frequent occurrence of family law disputes. In addition to divorce decrees, provisions regarding alimony, child custody, relationship management, and property division can also have legal consequences in Turkey.

The legal consequences of a divorce decree issued by a foreign court in Türkiye depend on the content of the decree. In particular, provisions involving financial obligations may require enforcement proceedings in Türkiye. Conversely, in some cases where the dissolution of the marriage is sufficient under Turkish law, recognition may be necessary.

Since each case has its own unique characteristics, the scope of a foreign court decision should be carefully examined and the appropriate legal course of action chosen.

Why is it important to prepare the documents correctly during the application process?

One of the biggest time-consuming issues during the enforcement of foreign court judgments is deficiencies in the application file. Failure to submit documents proving the finality of the judgment, errors in translations, or incomplete procedural authentication processes can prolong the litigation process.

In general, the application file should include:

• a duly correct copy of a foreign court decision,
• documents showing that the decision has become final,
• documents showing the necessary approval and certification processes,
• Turkish translations,
• documents relating to the parties and power of representation

It is located there.

However, the required documents may vary depending on the nature of the decision and the specifics of the case.

Problems Encountered in Practice

The problems encountered in the enforcement of judgments rendered in Saudi Arabian courts in Türkiye are mostly procedural. Incomplete preparation of documents, translation errors, discrepancies in party information, or insufficient proof that the judgment is final can cause the case to be prolonged.

Another important point is the confusion between the concepts of recognition and enforcement. Cases where only the final effect of a foreign court decision needs to be accepted in Türkiye are not subject to the same legal evaluation as cases where direct enforcement is required.

Therefore, accurately determining the legal nature of the decision and choosing the appropriate remedy before filing a lawsuit is of great importance.

Conclusion

Judgments issued by Saudi Arabian courts cannot be automatically enforced in Türkiye. For these judgments to have legal effect in Türkiye, the recognition or enforcement process must be completed, depending on the nature of the judgment.

The development of trade relations between Turkey and Saudi Arabia, the increase in large-scale investment projects, and the rising number of companies operating in both countries have led to a rise in requests for the enforcement of foreign court judgments in Türkiye. Disputes arising from construction, energy, trade, and family law are among the most common examples in this area.

Each enforcement case must be evaluated individually, taking into account the content of the foreign court decision, the legal status of the parties, and the applicable legislation. The complete preparation of application documents and the examination of the conditions stipulated in the Private International Law Act in accordance with the specific case are crucial for the smooth progress of the process.

Economic and legal relations between Türkiye and Saudi Arabia are expected to further develop in the coming years. In parallel with this development, the recognition and enforcement of judgments rendered in Saudi Arabian courts in Türkiye will continue to be of practical importance.