Interim Attachment And Injunction Before Turkish Courts Despite An Arbitration Agreement

Abstract

This article examines court-ordered interim relief in Türkiye where the underlying dispute is subject to arbitration. It distinguishes interim injunctions from interim attachments, explains the role of Article 6 of International Arbitration Law No. 4686, and addresses the separate statutory conditions under the Code of Civil Procedure and the Enforcement and Bankruptcy Law. Particular attention is given to foreign-seated arbitrations, tribunal and emergency-arbitrator powers, security, procedural deadlines and the preservation of Turkish assets pending an award or enforcement proceeding. The article also analyses two Court of Cassation decisions concerning provisional attachment and objections to Turkish court measures. The central point is that an arbitration agreement does not remove access to urgent court protection. The correct strategy depends on the relief sought, the nature and maturity of the claim, the location of assets and the authority that must implement the