Originally from:
Arbitration Law of Turkey: Practice and Procedure - Hardcover
Arbitration Law of Turkey: Practice and Procedure - Electronic
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CHAPTER 7
INTERIM RELIEF AND INTERIM ATTACHMENTS
7.1 INTERIM MEASURES OF THE ARBITRAL TRIBUNAL
In any dispute, time is of the essence. But, for international commercial
disputes, a great deal of money, even public funds and social importance may
be bound to the swift settlement of the dispute. Today, interim measures of
protection form part of the regular litigation process1. The main reason for this
is the long duration of court proceedings that call for interim solutions. But it is
not only with litigation that the time span between the beginning of the dispute.
Depending on the complexity of the case the international commercial
arbitration cannot be completed before one year or two. Frequently great
geographical distances between the dramatis personae and the coordination of
the busy schedules of international arbitrators and party counsels play roles in
arbitration taking longer time than it used to do. Also the dilatory tactics that
may be applied by a party may cause arbitration to take longer than expected.
Thus, the need for interim solutions arises in arbitration as it does in
commercial litigation.
Moreover, as long as the file has not been transferred to the arbitrator,
there is no one available to grant interim measures of protection. Litigation
practice shows that interim measures of protection are regularly in the
highest demand before the case proceeds to trial. This observation is equally
valid for arbitration. The greatest need for provisional remedies arises at a
point when the tribunal has not yet been established.
The state courts have the right tools to enforce their orders. As in
litigation, interim measures are the tools to preserve and ensure the
usefulness of arbitration. Failure to preserve the evidence or protect the
property involved in the dispute can prove disastrous for a party in terms of
the final outcome.
Though arbitration is often a faster method of dispute resolution than
recourse to national courts, it may still take some time for the Tribunal to
7 INTERIM RELIEF AND INTERIM ATTACHMENTS
7.1 INTERIM MEASURES OF THE ARBITRAL TRIBUNAL
7.2 APPLICATION TO TURKISH COURTS CONCERNING INTERIM MEASURES
7.3 REQUİREMENTS FOR THE TRİBUNAL TO GRANT AN INTERİM MEASURE
7.4 TYPES OF INTERİM MEASURES
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.
