Investment Arbitration &
Bilateral Investment Treaties

Strategic legal representation for foreign investors and international companies involved in treaty-based or commercial disputes within the Turkish legal framework.

Strategic Context

The Turkish Treaty
Framework

Turkey is party to over 100 bilateral investment treaties and has been subject to investment arbitration proceedings across a range of sectors including energy, infrastructure, concessions, and real property.

Foreign investors and international companies involved in disputes arising from Turkish state measures, or in commercial disputes with Turkish counterparties, face procedural and substantive issues specific to the Turkish legal and treaty framework.

Our Expertise

Areas of
Practice

A

Pre-Dispute Structuring & Treaty Access

The structuring of a foreign investment in Turkey may bear on whether treaty protections are available and which arbitral forum has jurisdiction over a future dispute. The firm advises on investment structuring, treaty access questions, and dispute resolution clause drafting prior to the emergence of a dispute.

B

Investment Treaty Arbitration

The firm accepts instructions in claims brought under bilateral investment treaties (BITs) involving Turkey — including claims relating to expropriation, fair and equitable treatment (FET), and umbrella clauses. Proceedings may be conducted under ICSID, UNCITRAL, or other arbitral rules.

C

International Commercial Arbitration

Representation in international commercial arbitration where Turkish parties are involved or disputes arise from contracts governed by Turkish law. This covers joint venture disputes, supply and distribution agreement claims, and post-M&A conflicts under ICC, HKIAC, UNCITRAL, LCIA, and ISTAC rules.

D

Enforcement of Arbitral Awards

Recognition and enforcement of foreign arbitral awards must be pursued before Turkish civil courts under the New York Convention. The firm handles such proceedings on behalf of foreign award creditors and international counsel requiring local representation.

Matters

Instructions
Accepted In

—

Expropriation and indirect expropriation claims under applicable investment treaties

—

Fair and equitable treatment and legitimate expectations claims

—

Umbrella clause claims arising from state contracts or concessions

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Commercial arbitration disputes involving Turkish state-owned enterprises

—

Disputes under energy, infrastructure, and concession agreements with Turkish public entities

—

Post-M&A and shareholder disputes with Turkish counterparties

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Enforcement of foreign arbitral awards before Turkish civil courts

—

Annulment and setting-aside proceedings in Turkish courts

—

Treaty access and jurisdiction disputes as preliminary matters

Questions

Treaty & Dispute
FAQ

Does the firm act as sole counsel or co-counsel?
The firm accepts instructions both as sole counsel in Turkey-related proceedings and as local counsel alongside international arbitration teams, providing Turkish law analysis, local court representation, and coordination with the wider legal team.
Does Turkey recognise and enforce foreign arbitral awards?
Turkey is a signatory to the New York Convention. Enforcement requires a separate court proceeding in Turkey, and certain grounds for refusal apply under both the Convention and Turkish private international law. Local counsel is required.
Which investment treaties apply to disputes involving Turkey?
Turkey has concluded bilateral investment treaties with over 100 states. The applicable treaty depends on the nationality of the investor and the date of the investment. Treaty applicability requires case-specific analysis.
Can a foreign company bring an investment treaty claim against Turkey?
This depends on the existence of an applicable BIT, the nature of the measure in question, and whether the investor qualifies as a protected investor under the relevant treaty.

Inquire

Professional Representation

To inquire about the firm's availability for a particular matter, please get in touch via the inquiry form or by email.

✉   [email protected] ✎   Inquiry Form