CHAPTER 39 - Turkey - Interim Measures in International Arbitration
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Originally from: Interim Measures in International Arbitration
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
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.
(b) If so, please describe the nature of any such provisional
relief that is available.
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.