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Court-ordered Interim Relief in Aid of Arbitration in Turkey - Chapter 06 - Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author(s): 
Ali Yesilirmak
Page Count: 
14 pages
Media Description: 
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Published: 
May, 2015

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Originally from Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

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I. INTRODUCTION
 
Turkey is a civil law country. Turkey has attracted more than USD
130 billion foreign direct investments within the last decade.2 Arbitration is
generally preferred particularly for the resolution of commercial disputes
with an international element. Arbitration was initially regulated in a law
that dates back to the 1850s.3 In modern Turkish legal history, there are
three laws dealing with arbitration:
 
  • Code of Civil Procedure4 of 1927 (“CCP”). This Code was
    repealed in 2011 by the new CCP5.
  • International Arbitration Law6 of 2001 (“IAL”). This Law is still
    in force.
  • New CCP of 2011. This Law is still in force.
Both the IAL and the new CCP are mainly based on the Model Law
on International Commercial Arbitration7 (1985) of the United Nations
Commission on International Trade Law Model Law.
 
Turkey accepted a dualist system for arbitration: the IAL is applicable
where there is a foreign element whereas the new CCP is applicable to
domestic arbitrations without a foreign element. For the application of
both laws, the place of arbitration should be in Turkey.
 
At the outset it is noteworthy that arbitration and alternative dispute
resolution (“ADR”) culture has been in the process of development in