Enforcement of US Court Decisions in Türkiye

Does a case won in a US court automatically become valid in Türkiye?

Due to the effects of globalization, individuals and companies now enter into legal relationships not only in their own countries but also in different parts of the world. Particularly with the increase in commercial activities between the United States and Turkey, the influx of Turkish citizens residing in the US, and the development of international investment relations, the enforcement of US court decisions in Türkiye has become a significant legal issue.

One of the most common misconceptions in practice is the belief that a court decision finalized in the United States automatically becomes valid in Türkiye. However, while foreign court decisions have direct legal effect within the borders of the state where they were issued, they do not automatically produce the same effect in another country.

For example, a commercial lawsuit in New York might result in a ruling awarding millions of dollars in damages against a Turkish company. Similarly, a divorce case in California might lead to a decision regarding alimony or property division, or a contract lawsuit in Florida might result in a debt settlement. While all these decisions are binding in the US, their enforcement in Türkiye requires fulfilling the conditions stipulated by Turkish law.

In Turkish law, this process is possible through enforcement proceedings conducted under Law No. 5718 on International Private Law and Procedural Law. However, in the US, the enforcement process requires a more technical assessment than in many other countries. The main reason for this is that the United States has a federal government structure.

Why does the federal structure of the United States differentiate enforcement proceedings from those in other countries?

In countries like England, France, or the Netherlands, the enforcement of foreign court judgments is considered under the law of a single state. The United States, however, is a federal state composed of fifty states. Each state may have its own courts, procedural rules, and regulations regarding the recognition of foreign court judgments.

This feature has significant implications for the enforcement of American court decisions in Türkiye.

Whether a court decision was rendered in New York, California, Texas, or Florida is not merely a formality. This is because a Turkish court, when evaluating the conditions for enforcement, may also consider whether the reciprocity requirement has been met with respect to the state where the decision was rendered.

In this respect, the enforcement of US judgments requires a different legal review than the enforcement of court judgments in European countries. Indeed, the Supreme Court also accepts that in federal states, the reciprocity review should be conducted not on a federal scale, but only with respect to the federated state that rendered the decision.

Which judgments rendered in American courts can be enforced in Türkiye?

Not every judgment rendered by US courts can be enforced in Türkiye.

In Turkish law, enforcement proceedings can only be initiated for decisions that relate to private law and are enforceable.

The most common American court decisions in practice are as follows:

• Decisions regarding commercial receivables cases,
• Disputes arising from international sales contracts,
• Compensation awarded due to tortious acts,
• Alimony and financial provisions in divorce cases,
• Some decisions regarding inheritance law,
• Judgments relating to company mergers or partnership disputes,
• Provisions arising from intellectual property and licensing agreements.

In contrast, convictions handed down by criminal courts or sanctions falling within the realm of public law are, as a rule, not subject to enforcement.

Therefore, accurately determining the nature of a foreign court decision is one of the first legal assessments that should be made before filing a lawsuit.

Evaluation of US Court Decisions within the Scope of the Turkish Code of Private International Law

In Turkish law, the fundamental regulation concerning the enforcement of foreign court judgments is the Law No. 5718 on International Private Law and Procedural Law.

The system outlined in the law is based not on a retrial of a foreign court decision, but on examining whether certain conditions have been met.

In this context, the Turkish court primarily;

• whether the decision is final or not
• whether the decision relates to the field of private law,
• whether it constitutes a clear violation of public order
• whether the defendant's right to defense has been protected
• whether the other enforcement conditions stipulated in the law have been met

is examining.

However, the examination does not end here for the US. Due to the federal structure, it is also important to determine which state the reciprocity requirement applies to.

How is the Reciprocity Clause Evaluated from the Perspective of the United States?

One of the most debated issues in the enforcement of US court decisions is the reciprocity requirement.

According to Law No. 5718, the element of reciprocity is required in certain cases for a foreign court decision to be enforceable. However, with regard to the United States, this examination cannot be conducted through a single state.

According to the approach adopted by the Supreme Court, reciprocity in federal states should be assessed on a case-by-case basis, not on a case-by-case basis for the entire United States. Therefore, a decision rendered by a New York State Court may not be subject to the same legal evaluation as a decision rendered by a Texas State Court.

Particularly in New York State, regulations and practices regarding the recognition and enforcement of foreign court judgments are taken into account by Turkish courts in their assessment of reciprocity. Doctrine also includes assessments indicating that both legal and factual reciprocity exists with regard to New York.

Therefore, it is not possible to reach a general conclusion of "there is reciprocity" or "there is no reciprocity" for every decision made in the US. The assessment should be made based on the state to which the court that made the decision belongs.

Can a Turkish court re-examine an American court's decision?

One of the most fundamental principles of enforcement law is that the merits of a foreign court decision cannot be re-examined. This principle, known in legal doctrine the prohibition of revision au fond , also applies to American court decisions.

Accordingly, the Turkish court;

• Whether the American judge correctly assessed the evidence,
• The accuracy of witness testimonies,
• The adequacy of expert reports,
• whether US law is being applied correctly

He cannot examine it.

The court's task is not to resolve the dispute a second time. The review is limited solely to the enforcement conditions set forth in the Private International Law Act. This approach both protects international legal certainty and prevents the same case from being heard again in different countries. (Case law)

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In the following section (Part 2), I will discuss the aspects that completely differentiate the article on the USA from articles on other countries:

• Enforcement of punitive damages judgments in Türkiye
• Differences in implementation across the states of New York, California, Florida, and Texas
• The impact of US divorce rulings in Türkiye
• Trade receivables and corporate lawsuits
• Errors made during implementation
• Evaluation in light of Supreme Court decisions
• Conclusion

The Practical Significance of the State System in the Enforcement of US Court Decisions

One of the most important considerations regarding the enforcement of US court decisions in Türkiye is determining which state court issued the decision. This is because the United States is a federal state, and the rules regarding the recognition of foreign court decisions can vary between states.

Turkish courts, when examining enforcement requests, do not only consider whether the decision is final or whether it relates to private law. If necessary, they may also consider the conditions under which Turkish court decisions are recognized and enforceable in the state where the decision was rendered. Therefore, a legal review of decisions from New York, California, Florida, Texas, or Illinois may lead to different legal assessments even within the same case file.

The advanced practice of recognizing foreign court judgments, particularly in states with high levels of international trade such as New York and California, necessitates more detailed legal scrutiny in enforcement cases involving judgments from these states. However, each specific case is evaluated within its own context, and an automatic conclusion is not reached simply by looking at the state where the judgment was rendered.

Can "Punitive Damages" judgments, specific to US law, be enforced in Türkiye?

One of the most important features that distinguishes American law from many other legal systems is the institution of punitive damages.

In Turkish law, the primary purpose of compensation is to redress the material or moral losses suffered by the injured party. In contrast, in American law, in some cases, courts may award high amounts of compensation not only for damages but also for punishing the defendant and deterring similar behavior.

For example, punitive damages awarded in cases of gross negligence, bad faith, or willful unlawfulness can often far exceed the actual damages.

This situation gives rise to significant legal debates regarding the enforcement of these decisions in Türkiye.

While Turkish courts cannot re-examine the merits of a foreign court decision, they can assess whether the decision clearly violates Turkish public order. Therefore, in the case of American court decisions involving punitive damages, a public order review is possible, taking into account the nature and purpose of the awarded damages and the specific circumstances of the case.

Therefore, it is incorrect to draw a general conclusion that every punitive damages decision issued in the US will or will not be enforced in Türkiye. Each case is evaluated individually within the framework of the content of the decision and the fundamental principles of Turkish law.

The Impact of US Divorce Decrees in Türkiye

With the increasing number of Turkish citizens living in the United States, disputes arising from family law are also becoming more frequent in practice. In particular, the consequences of divorce decrees in Türkiye are among the most frequently asked questions in practice.

Divorce decrees not only result in the termination of the marriage but can also encompass many different legal consequences, such as alimony, child custody, child support, property division, and compensation for both material and moral damages.

Therefore, when reviewing a divorce decree issued by an American court, it must be clearly determined which provisions of the decree are requested to be enforced in Türkiye. In particular, with regard to provisions concerning monetary payments, the enforcement process must be completed for the decree to become enforceable in Türkiye.

In addition, international conventions and regulations concerning children's rights should be taken into account with regard to provisions relating to child custody or decisions regarding the establishment of personal relationships.

The Importance of American Court Decisions in Commercial Disputes

Economic relations between Turkey and the United States are not limited solely to large-scale investments. Numerous commercial disputes stemming from software contracts, technology transfers, licensing agreements, international sales contracts, consulting services, financing transactions, and e-commerce activities are resolved in American courts.

The enforceability of court decisions resulting from these cases in Türkiye is particularly important, especially if the debtor's assets are located in Türkiye. For the creditor to be able to initiate enforcement proceedings or have the court decision enforced in Türkiye, the foreign court decision must be enforced by a Turkish court.

Especially for international companies, enforcement is not merely a procedural matter; it is a crucial legal tool that ensures the preservation of the economic value of a court decision.

Common Mistakes in Enforcement Proceedings

Procedural errors made during the enforcement of US court decisions can lead to delays in cases or the rejection of claims.

One of the most common problems encountered in practice is the incomplete submission of documents proving that the decision has become final. In addition, the failure to properly translate the decision, discrepancies in the information provided by the parties, or the inclusion of only certain pages of a foreign court decision in the file can also negatively affect the judicial process.

Another significant error is the failure to adequately disclose which state court issued the decision. Because the state system is important in the US, providing the court with complete information regarding the source of the decision is crucial for the smooth progress of the process.

Furthermore, it is observed that the concepts of recognition and enforcement are sometimes confused in certain applications. However, the acceptance of a foreign court decision in Türkiye only through its final effect and the enforcement of the decision through compulsory execution have different legal consequences. Therefore, the correct legal course to follow should be determined before filing a lawsuit.

The Supreme Court's Approach to US Court Decisions

An examination of the Supreme Court's precedents regarding the enforcement of foreign court judgments reveals that the fundamental principles set forth in the Law on Private International Law and Procedural Law are also applied with regard to American courts.

The Supreme Court of Turkey has consistently held that Turkish courts cannot examine the merits of foreign court judgments and that enforcement review is limited only to the conditions stipulated by law. Furthermore, due to the federal structure of the United States, it has issued rulings stating that reciprocity assessments can be made based on the specific circumstances of the case and, if necessary, by considering the state in which the judgment was rendered.

Furthermore, the approach that the public order exception should be interpreted narrowly remains important in terms of American court decisions. This ensures both international legal certainty and protects the fundamental principles of the Turkish legal system.

Conclusion

Judgments rendered by United States courts, even if final, cannot be directly enforced in Türkiye. For these judgments to have legal effect in Türkiye, an enforcement order must generally be issued by Turkish courts.

The most important feature that distinguishes the enforcement process in the US from other countries is its federal structure. The state court that issued the decision can be important in evaluating certain enforcement conditions. In addition, punitive damages decisions unique to American law are among the issues that need to be considered separately from the perspective of Turkish public order.

Due to the development of international trade, the diversification of economic relations between Turkey and the United States, and the increasing legal ties between individuals residing in both countries, the enforcement of American court judgments in Türkiye is gaining increasing importance in practice. In this process, correctly determining the nature of the judgment, preparing all necessary documents completely, and evaluating the enforcement conditions within the specific context of the case play a crucial role in ensuring the effective implementation of a foreign court judgment in Türkiye.