The Extent of Court Intervention - Chapter 5 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
5.1 THE ASSISTANCE OF THE TURKISH COURTS IN ARBITRATION
An arbitration agreement precludes judges from resolving the conflicts that the parties have agreed to submit to arbitration. If one of the parties files a lawsuit in relation to those matters, the other may challenge the court’s jurisdiction on the grounds that the jurisdiction of the courts has been waived.
When the parties have a validly concluded arbitration clause related to the matter in dispute, the Courts do not have principal jurisdiction on the dispute. Turkish Courts shall have jurisdiction only for the special circumstances that is clearly referred in TIAC.
The issues that Turkish Courts have jurisdiction are mostly support in the arbitration. For instance, Turkish Courts have jurisdiction on granting provisional and protective measures before the arbitral tribunal has been constituted. Alternatively, the Turkish Courts may be asked for assistance in enforcing or obtaining provisional and protective measures ordered by the arbitral tribunal, if a party does not comply voluntarily with such measures. The Turkish Courts have assisted in taking evidence requested by the arbitrators in order to support the arbitration1
5 THE EXTENT OF COURT INTERNVENTION
5.1 THE ASSİSTANCE OF THE TURKİSH COURTS İN ARBİTRATİON
5.2 COMPETENT TURKİSH COURT