The arbitrator’s power to grant interim relief or interim measures do

not restrict the parties’ right to make an application to the court under

Article 414 of the Turkish Civil Procedural Code and Execution and

Bankruptcy Law and this right is also explicitly given by Article 6 of the

Turkish International Arbitration Code (TIAC) numbered 4686.

 

TIAC is applied to international arbitration sited in Turkey whereas

it is the Turkish International Private and Civil Procedure Code

numbered 5718 which is in force regarding domestic arbitration

proceedings. The First Instance Court has an assistance duty for the

appointment of arbitrators under Article 6 of the Turkish International

Arbitration Code (TIAC). Considering that there are many cases where

the need for interim measures is an urgent matter and arises even before

the formation of the tribunal. If the courts were restricted from providing

interim relief it could harm the effectiveness of court assistance. As such,

the Courts may intervene upon the parties’ request to grant interim

measures and injunctions during and before the arbitral proceeding in

accordance with the Article 6 TIAC.

 

 

The courts may grant an interim measure for the protection of

pecuniary claims or for the protection of non-pecuniary rights. TIAC

does not specify the types of interim measures that the Tribunal or Court

may order. As a general rule, in the same way as the Tribunal, the Court

is free to order any interim measure that it feels necessary to prevent the

requesting party from suffering irreparable harm that could not be

remedied by damages in the final award.