Interim Measures and Injunctions in Turkish International Arbitration

Interim measures are among the most important procedural tools available in international arbitration. A final arbitral award may have limited commercial value if, while the proceedings are continuing, the opposing party transfers its assets, destroys evidence, discloses confidential information, disposes of disputed goods or takes irreversible steps affecting the contractual relationship.

International arbitration proceedings may continue for months or, in complex disputes, considerably longer. During this period, the claimant may require immediate protection that cannot reasonably wait until the final award. The respondent may also need provisional relief to protect assets, evidence or contractual rights against actions taken by the claimant.

Turkish law provides a dual system for interim protection in international arbitration. Depending on the circumstances, a party may request relief from:

• A competent Turkish court;
• The sole arbitrator or arbitral tribunal;
• An emergency arbitrator appointed under institutional rules such as the Istanbul Arbitration Centre Emergency Arbitrator Rules.

The applicable legal framework includes Turkish International Arbitration Law No. 4686, particularly Article 6, the interim injunction provisions of the Turkish Code of Civil Procedure No. 6100, the interim attachment provisions of the Enforcement and Bankruptcy Law No. 2004 and the applicable institutional arbitration rules.

A request submitted to a Turkish court for an interim injunction or interim attachment does not, by itself, violate or waive the arbitration agreement. Turkish International Arbitration Law expressly preserves the parties’ right to seek judicial protection before or during arbitration.

This article explains the legal basis, available measures, jurisdiction of courts and tribunals, evidentiary requirements, security, emergency arbitrator proceedings, enforcement difficulties and practical strategy for obtaining interim relief in Turkish international arbitration.

What Are Interim Measures in International Arbitration?

An interim measure is a temporary form of legal protection designed to preserve rights, assets, evidence or an existing factual situation until the dispute is finally determined.

Interim measures do not ordinarily provide a final resolution of the parties’ substantive rights. Instead, they prevent the arbitration from becoming ineffective before the tribunal can issue its final award.

Examples of interim relief may include orders intended to:

• Preserve disputed goods or property;
• Prevent the transfer or disposal of assets;
• Maintain the contractual status quo;
• Prevent the disclosure of trade secrets;
• Protect confidential information;
• Preserve documents, electronic records or physical evidence;
• Prevent the destruction or alteration of evidence;
• Deposit goods or documents with a custodian;
• Prevent the transfer of shares;
• Suspend the implementation of a disputed corporate resolution;
• Require temporary performance of an essential contractual obligation;
• Prevent actions that would cause serious or irreversible harm;
• Provide security for a monetary claim.

The appropriate form of protection depends on the nature of the dispute. A construction dispute may require preservation of the project site or technical evidence. A corporate dispute may require restrictions on the transfer of shares. A technology dispute may require protection of source code or confidential data. A sale-of-goods dispute may require the preservation, storage or inspection of products.

The applicant must define the requested measure precisely. A request stating only that “all necessary precautions should be taken” may be too broad to implement or enforce.

The Legal Framework under Turkish International Arbitration Law

The main provision governing interim relief in international arbitration is Article 6 of Law No. 4686.

The law applies primarily where the dispute contains a foreign element and Turkey is the legal seat of arbitration. Significantly, Articles 5 and 6 of Law No. 4686 also apply where the seat of arbitration is outside Turkey. This means that Turkish courts may provide certain forms of assistance in support of a foreign-seated arbitration, particularly where the relevant assets, persons or evidence are located in Turkey.

Article 6 establishes several fundamental principles:

1. A party may apply to a court for an interim injunction or interim attachment before or during arbitration.
2. Making such an application does not breach the arbitration agreement.
3. Unless the parties have agreed otherwise, the arbitral tribunal may also order interim measures or interim attachment.
4. The tribunal may require the applicant to provide appropriate security.
5. The tribunal cannot issue an order that requires execution by compulsory enforcement authorities or performance by another public authority.
6. The tribunal cannot bind third parties through an interim order.
7. Where a party does not comply voluntarily with a tribunal-ordered measure, the opposing party may request assistance from the competent Turkish court.
8. The parties’ rights to apply under the Turkish procedural and enforcement legislation are preserved.

These rules recognise that courts and arbitral tribunals have complementary roles. The tribunal is familiar with the dispute and can tailor a measure to the arbitration. Courts, however, possess coercive powers and can issue orders affecting assets or persons outside the tribunal’s jurisdiction.

Court Applications Do Not Waive the Arbitration Agreement

A common concern in international contracts is whether applying to a national court may be treated as a waiver of arbitration.

Under Turkish law, requesting an interim injunction or interim attachment from a court before or during arbitration does not constitute a breach of the arbitration agreement. The court application is treated as supportive of arbitration rather than as an attempt to submit the merits to state litigation.

The distinction is important. The court dealing with an interim measure should not determine the entire substantive dispute. Its function is to assess whether temporary protection is required until the arbitral tribunal resolves the merits.

An applicant should nevertheless make the arbitration context clear in its court petition. The petition should ordinarily identify:

• The arbitration agreement;
• The underlying contract;
• The arbitration institution and rules;
• The legal seat;
• Whether arbitration has already commenced;
• The tribunal’s constitution status;
• The relief sought in the arbitration;
• The connection between the requested measure and the arbitral claims.

The requested court order should be framed as temporary protection in support of arbitration rather than a final judgment on the contractual dispute.

Which Turkish Court Has Jurisdiction?

The competent court is determined under the Turkish International Arbitration Law and the subject matter of the dispute.

Article 3 of Law No. 4686 establishes the territorial framework for judicial assistance. Following the amendments introduced by Law No. 7101, functions originally assigned to a civil court of first instance are exercised by either the Civil Court of First Instance or the Commercial Court of First Instance, depending on the subject matter of the underlying dispute.

In most international commercial disputes, an application will commonly fall within the jurisdiction of a Commercial Court of First Instance. However, jurisdiction must be assessed according to the legal nature of the underlying relationship.

Territorial jurisdiction generally relates to the respondent’s domicile, habitual residence or place of business in Turkey. Where the respondent has no such connection in Turkey, the statutory Istanbul jurisdiction rule may become relevant.

Additional questions may arise where:

• The asset is located in a different city;
• The respondent is a foreign company;
• The measure concerns a Turkish bank or third party;
• The arbitration is seated abroad;
• Multiple defendants have different addresses;
• A special jurisdiction rule applies to the subject matter.

Filing before the wrong court may cause delay at the exact time when urgent relief is required. Jurisdiction should therefore be analysed before preparing the merits of the application.

Conditions for a Court-Ordered Interim Injunction

The general conditions for an interim injunction are found in Article 389 of the Turkish Code of Civil Procedure.

A court may grant an injunction where a change in the existing situation may make obtaining the right substantially more difficult or completely impossible, or where delay creates a risk of serious harm or prejudice.

The applicant must ordinarily demonstrate three central elements:

A Prima Facie Right

The applicant does not need to prove the entire merits of the arbitration conclusively at the interim stage. However, it must present sufficient evidence showing that its substantive position is reasonably credible.

Article 390 requires the applicant to identify the grounds and type of injunction clearly and establish its case through approximate or prima facie proof.

The applicant should therefore submit documents such as:

• The signed contract;
• The arbitration clause;
• Amendments and annexes;
• Invoices and payment records;
• Notices of default;
• Correspondence;
• Technical reports;
• Share registers;
• Bank documents;
• Delivery or inspection records;
• Evidence of threatened action.

A bare allegation of breach will rarely provide a sufficient basis for a commercially significant injunction.

Urgency or Risk of Serious Harm

The applicant must show why a final award would be insufficient without immediate protection.

Urgency may arise where the respondent is preparing to:

• Sell or transfer a disputed asset;
• Remove goods from Turkey;
• Dispose of shares;
• Destroy project records;
• Disclose confidential information;
• Terminate access to essential systems;
• Implement an irreversible corporate transaction;
• Alter the physical condition of evidence.

The petition should explain when the applicant learned of the threat, what is expected to happen and why ordinary arbitration proceedings cannot prevent the harm in time.

Unexplained delay may undermine an assertion of urgency. A party that waits several months after learning of the alleged risk may face questions about whether immediate protection is genuinely necessary.

Proportionality

The requested measure should be proportionate to the risk.

An injunction should not impose restrictions substantially broader than necessary to preserve the applicant’s rights. For example, a request to prevent all commercial activity of the respondent may be disproportionate where protection of one identified asset would be sufficient.

The applicant should define:

• The specific asset or right;
• The exact prohibited or required action;
• The duration of the measure;
• The amount of the secured claim;
• Any exceptions necessary for ordinary business operations.

A narrowly drafted measure is generally easier for a court to evaluate, implement and supervise.

Can an Injunction Be Granted Without Hearing the Respondent?

Yes. Turkish courts may grant an interim injunction without first hearing the opposing party where immediate protection is necessary.

Article 390 of the Code of Civil Procedure permits an ex parte decision where the applicant’s rights require immediate protection.

An ex parte application may be justified where advance notice would enable the respondent to:

• Transfer the asset;
• Withdraw funds;
• Delete records;
• Remove goods;
• Complete the threatened transaction;
• Conceal evidence.

However, ex parte relief is exceptional because it temporarily restricts the respondent without prior participation.

The applicant must disclose material facts fairly. Concealing relevant information may later lead to cancellation of the measure, liability for damages and loss of credibility before both the court and arbitral tribunal.

The respondent may object after the measure has been implemented or notified.

Types of Court-Ordered Injunctions

Article 391 gives Turkish courts flexibility to order measures capable of eliminating the danger or preventing the harm.

The court may order that property or rights be:

• Taken into custody;
• Delivered to a custodian;
• Preserved;
• Subject to restrictions;
• Protected through an order requiring an action;
• Protected through an order prohibiting an action.

The court order must identify the legal and evidentiary basis, the object of the measure, the precise form of protection and the required security.

In arbitration-related commercial disputes, possible measures may include:

• Prohibiting transfer of identified shares;
• Placing a notation on relevant registry records;
• Preventing the disposal of disputed goods;
• Delivering machinery or documents to a custodian;
• Preserving source code or electronic data;
• Preventing use of confidential commercial information;
• Maintaining access to property or systems;
• Suspending a specific contractual action;
• Ordering inspection or preservation of evidence.

The court should avoid issuing a temporary order that completely resolves the merits. Interim relief must remain protective rather than becoming a substitute for the final arbitral award.

Security Required from the Applicant

An applicant will generally be required to provide security against the damage that the respondent or third parties may suffer if the measure later proves unjustified.

Article 392 provides that security is ordinarily required. However, the court may dispense with security where the application is based on an official document or other strong evidence, or where the circumstances justify an exception. A person benefiting from legal aid is not required to provide security.

Security may take the form of:

• A cash deposit;
• A bank guarantee;
• Another form accepted by the court.

The amount should reflect the potential harm caused by the measure rather than automatically equal the full amount of the underlying claim.

An applicant should address security proactively. The petition may propose an amount and form of security and explain why it is proportionate.

The arbitral tribunal is also authorised under Article 6 of Law No. 4686 to condition an interim measure on the provision of appropriate security.

Implementation of a Court Injunction

Obtaining the written decision is not the final step. The measure must be implemented within the statutory period.

Under Article 393 of the Code of Civil Procedure, implementation must be requested within one week from the date of the injunction. Otherwise, the measure automatically lapses even if the applicant has commenced the underlying proceedings within the applicable period.

Implementation may be requested from:

• The enforcement office within the territorial jurisdiction of the issuing court;
• The enforcement office where the relevant asset or right is located;
• In appropriate cases, the court registry official authorised by the decision.

The authorities may use compulsory assistance where necessary to implement the court order.

The applicant should therefore prepare for implementation before filing the request. It may be necessary to identify:

• Registry details;
• Asset locations;
• Bank or company information;
• Serial numbers;
• Addresses;
• Third parties holding the asset;
• The official authority responsible for compliance.

A theoretically favourable order may be ineffective if the subject matter cannot be identified accurately.

Objections to a Court Injunction

A respondent that was not heard before the injunction may object to:

• The legal conditions for the measure;
• The court’s jurisdiction;
• The security;
• The proportionality or scope of the order.

The objection period is generally one week from implementation where the respondent was present, or from notification of the implementation record where it was absent.

Third parties whose interests are clearly affected may also object after learning of the measure.

The court may maintain, modify or lift the injunction. An objection does not automatically suspend implementation unless the court orders otherwise. Decisions on objections may be subject to the statutory appellate route, but the appeal does not automatically stop the measure.

The respondent may also seek modification or removal by providing acceptable security or by demonstrating that the relevant circumstances have changed.

Commencing Arbitration after Obtaining Judicial Relief

Where a party obtains a court-ordered interim injunction or interim attachment before commencing international arbitration, it must initiate the arbitration within the period prescribed by the International Arbitration Law.

Article 10 provides that a party obtaining such protection must commence the arbitration within 30 days. Otherwise, the interim injunction or attachment automatically terminates.

The legal date on which arbitration is considered commenced depends on the agreed procedure. It may relate to:

• An application to the appointing institution;
• An application to the court for appointment of arbitrators;
• Notification of a party-appointed arbitrator;
• Receipt by the respondent of the request for arbitration;
• The commencement rule of the selected institution.

The applicant should not assume that drafting a request or sending an informal notice is sufficient.

Where urgent judicial relief is requested before arbitration, the request for arbitration should be prepared at the same time. This reduces the risk that the measure will lapse because of a procedural delay.

Interim Attachment for Monetary Claims

An interim injunction and an interim attachment are separate forms of provisional protection.

An interim injunction generally protects the subject matter of a dispute or prevents serious harm. An interim attachment, known as ihtiyati haciz, is primarily designed to secure the future enforcement of a monetary claim.

Under Article 257 of the Enforcement and Bankruptcy Law, the ordinary basis for interim attachment is an unsecured and due monetary claim.

An interim attachment may target assets such as:

• Bank accounts;
• Receivables;
• Vehicles;
• Shares;
• Movable property;
• Immovable property;
• Rights held by third parties.

The applicant must demonstrate that the legal conditions for attachment are satisfied and may be required to provide security against wrongful attachment.

Interim attachment is particularly important where there is a credible risk that the debtor will dispose of assets before the final award can be enforced.

However, arbitration does not automatically justify attachment. The creditor must satisfy the requirements of Turkish enforcement legislation independently.

The amount requested should also correspond to the monetary claim, interest and recoverable costs rather than becoming an excessive restriction on the respondent’s entire business.

Powers of the Arbitral Tribunal

Unless the parties have agreed otherwise, an arbitral tribunal conducting an international arbitration under Law No. 4686 may order an interim injunction or interim attachment upon a party’s request.

The tribunal may also require security.

Tribunal-ordered measures may be particularly appropriate where:

• The tribunal has already been constituted;
• The dispute requires detailed contractual analysis;
• The requested order concerns the parties’ conduct;
• Confidentiality is important;
• The relief does not require immediate coercive enforcement;
• The parties are likely to comply voluntarily.

Possible tribunal orders may include:

• Preserving documents or evidence;
• Maintaining confidentiality;
• Refraining from specified contractual actions;
• Preserving goods;
• Continuing temporary performance;
• Providing security;
• Maintaining the status quo;
• Allowing inspection of property;
• Depositing disputed property with an agreed custodian.

The tribunal may modify or terminate a measure if the circumstances change.

When considering the application, the tribunal will ordinarily evaluate urgency, prima facie merits, serious harm, proportionality and the balance of interests.

Limits on the Tribunal’s Authority

An arbitral tribunal does not possess the coercive powers of the state.

Article 6 imposes express limitations. The tribunal cannot issue an interim measure or interim attachment that:

• Requires implementation by compulsory enforcement authorities;
• Requires performance by another official authority;
• Binds a third party.

These limitations are commercially significant.

For example, a tribunal may order one party not to transfer shares. However, it may not always be able to compel a trade registry, land registry, bank, custodian or unrelated company to implement the restriction directly.

Similarly, the tribunal cannot use police assistance or enforcement officers to seize property.

Where the requested protection requires:

• Attachment of a bank account;
• Registration of a restriction;
• Seizure of assets;
• An order against a third-party bank;
• Action by a public registry;
• Physical enforcement,

a court application will ordinarily be more effective.

Court Assistance Following Non-Compliance

Where a party refuses to comply with a tribunal-ordered interim measure, the other party may request assistance from the competent Turkish court.

Article 6 allows the court to grant an interim injunction or interim attachment supporting the tribunal’s order. The competent court may also request assistance from another court where required.

The court does not simply act as an enforcement office for every tribunal order. It will examine whether the statutory conditions for judicial relief are satisfied.

The applicant should submit:

• The arbitration agreement;
• The tribunal’s interim decision;
• Evidence of notification;
• Evidence of non-compliance;
• The underlying documents;
• A clear explanation of the requested judicial assistance;
• Security where required.

Where third-party or coercive effects are necessary, the court may issue its own order under Turkish procedural law.

ISTAC Emergency Arbitrator Proceedings

The period before the constitution of the tribunal may be the most dangerous stage of a dispute. A party may require protection immediately, while the ordinary appointment process may take several weeks.

The Istanbul Arbitration Centre provides an emergency arbitrator mechanism for urgent applications made before the file is transmitted to the sole arbitrator or arbitral tribunal.

ISTAC states that:

• The application is submitted to the Secretariat;
• The emergency arbitrator is appointed within two working days;
• The emergency arbitrator renders a decision within seven days;
• The decision is binding on parties that consented to the emergency arbitrator mechanism.

The applicant is not required to submit the complete statement of claim or defence at the time of the emergency application.

The application should ordinarily identify:

• The parties;
• The arbitration agreement;
• The urgent relief requested;
• The factual and legal basis;
• The urgency;
• The risk of serious harm;
• The underlying dispute;
• The applicable rules;
• Proof of payment of the emergency arbitrator costs.

ISTAC’s published guideline confirms that the application is made to the Secretariat and that the fees and costs must be deposited.

The official ISTAC model clause allows parties to exclude the Emergency Arbitrator Rules. Accordingly, the contract must be reviewed to determine whether the mechanism is available.

Emergency Arbitrator or Turkish Court?

The choice between an emergency arbitrator and a court depends on the purpose of the requested relief.

An emergency arbitrator may be preferable where:

• Confidentiality is essential;
• The issue requires specialist contractual knowledge;
• The order is primarily directed at the opposing party;
• Voluntary compliance is likely;
• The parties or assets are spread across jurisdictions;
• A neutral decision-maker is commercially important.

A Turkish court may be preferable where:

• A bank account must be attached;
• A registry notation is required;
• Property must be physically seized;
• Third parties must be bound;
• Police or enforcement assistance may be necessary;
• The respondent is unlikely to comply voluntarily;
• The relevant assets are located in Turkey.

In some disputes, applications may be made through more than one mechanism. However, the applicant must avoid inconsistent relief, duplicated recovery or failure to disclose existing decisions.

A party applying to both an emergency arbitrator and a court should explain the relationship between the requests and why additional protection is necessary.

Preservation and Collection of Evidence

Interim protection is not limited to assets.

Evidence may disappear or deteriorate before the final hearing. Examples include:

• Construction defects that will be repaired;
• Perishable goods;
• Machinery that will be dismantled;
• Electronic records at risk of deletion;
• Physical conditions at a project site;
• Data stored on changing systems;
• Products that will be sold or exported.

A party may seek preservation, inspection or formal determination of evidence.

The arbitral tribunal may arrange inspections and expert examinations and may request judicial assistance for evidence collection under the International Arbitration Law.

Turkish procedural law also contains a separate evidence-preservation mechanism. The appropriate route depends on whether the tribunal has been constituted, whether third-party cooperation is required and whether compulsory state authority is necessary.

The applicant should identify exactly:

• What evidence exists;
• Where it is located;
• Why it may become unavailable;
• What examination is required;
• Which expert qualifications are necessary;
• How the evidence relates to the arbitral claims.

Duration and Termination of Interim Measures

Under Article 6, a court-ordered interim injunction or interim attachment obtained before or during arbitration generally terminates automatically when:

• The arbitral award becomes enforceable; or
• The arbitral tribunal rejects the case.

The exact duration may also depend on the wording of the court order, subsequent decisions and the applicable procedural rules.

A measure may additionally be modified or terminated where:

• The circumstances have changed;
• Security has been provided;
• The risk no longer exists;
• The applicant failed to commence arbitration;
• The measure was not implemented in time;
• The application was found unjustified;
• The parties reached a settlement.

Parties should not assume that an interim order remains effective indefinitely. Deadlines, implementation records and subsequent procedural decisions must be monitored carefully.

Liability for Wrongful Interim Measures

A party obtaining an unjustified court injunction may be liable for losses suffered by the respondent or affected third parties.

Article 399 of the Code of Civil Procedure provides for compensation where the applicant was unjustified when requesting the measure or where the injunction automatically lapsed or was lifted following an objection.

Possible losses may include:

• Lost sales;
• Financing costs;
• Storage expenses;
• Business interruption;
• Loss caused by blocked assets;
• Contractual liabilities to third parties;
• Damage caused by delayed transactions.

The security deposited by the applicant may provide a source of recovery, but liability is not necessarily limited automatically to the security amount.

An applicant should therefore avoid seeking excessively broad or commercially destructive measures without strong evidence.

Drafting Arbitration Clauses for Interim Protection

Interim relief should be considered when the arbitration clause is drafted, not only after a dispute arises.

A well-designed clause should address:

• The arbitration institution;
• The seat of arbitration;
• The language;
• The number of arbitrators;
• Emergency arbitrator availability;
• Court applications for urgent relief;
• Security;
• Confidentiality;
• Evidence preservation;
• The parties’ duty to comply with interim orders.

A useful provision may state:

“Nothing in this arbitration clause shall prevent a party from applying to an emergency arbitrator or a competent court for urgent interim, conservatory or protective relief. Any such application shall not constitute a waiver of the arbitration agreement. The arbitral tribunal may grant, modify or terminate interim measures and may require appropriate security.”

The clause should not attempt to eliminate necessary court assistance where third parties or coercive execution may be involved.

Where ISTAC arbitration is selected, the parties should state clearly whether the Emergency Arbitrator Rules apply. ISTAC’s model clause specifically allows an exclusion of those rules.

Practical Checklist for an Interim Measure Application

Before filing an application, counsel should determine:

• Whether Law No. 4686 applies;
• The legal seat of arbitration;
• Whether Articles 5 and 6 apply to a foreign-seated case;
• Whether arbitration has commenced;
• Whether the tribunal has been constituted;
• Whether emergency arbitrator rules apply;
• Whether the requested relief affects third parties;
• Whether compulsory enforcement is necessary;
• Which court has subject-matter and territorial jurisdiction;
• Whether the claim concerns money or another right;
• What evidence establishes prima facie entitlement;
• What facts establish urgency;
• Whether the requested measure is proportionate;
• What security may be required;
• How the measure will be implemented;
• Which deadlines must be observed;
• Whether assets or evidence can be identified precisely;
• Whether parallel applications must be disclosed;
• Whether wrongful-measure liability creates a material risk.

Frequently Asked Questions

Can a party apply to a Turkish court despite an arbitration agreement?

Yes. A request for an interim injunction or interim attachment before or during arbitration does not violate the arbitration agreement under Article 6 of Law No. 4686.

Can Turkish courts grant interim relief for an arbitration seated abroad?

Articles 5 and 6 of the International Arbitration Law apply even where the seat is outside Turkey. A Turkish court may therefore provide assistance where the statutory jurisdictional and substantive conditions are satisfied.

Can an arbitral tribunal order an interim attachment?

Article 6 allows the tribunal to order interim relief or interim attachment unless the parties have agreed otherwise. However, the tribunal cannot issue orders requiring compulsory enforcement authorities, official authorities or third parties to act.

Can an injunction be issued without hearing the opposing party?

Yes. A Turkish court may issue an ex parte injunction where immediate protection is necessary. The respondent may subsequently object.

Must the applicant provide security?

Generally, yes. The court or tribunal may require security against potential loss caused by an unjustified measure. Turkish courts may dispense with security in limited circumstances supported by strong evidence or particular conditions.

How quickly must a court injunction be implemented?

Implementation must generally be requested within one week from the date of the decision. Otherwise, the injunction automatically lapses.

How long does the applicant have to commence international arbitration?

Where a court injunction or interim attachment is obtained under the International Arbitration Law before commencement, arbitration must be initiated within 30 days.

Can the tribunal bind a Turkish bank?

An arbitral tribunal cannot directly bind a third party. A judicial order will generally be required where a bank or other third party must freeze, transfer or preserve assets.

How quickly can an ISTAC emergency decision be obtained?

ISTAC states that the emergency arbitrator is appointed within two working days and issues a decision within seven days.

Does an emergency arbitrator replace the ordinary tribunal?

No. The emergency arbitrator provides urgent protection before the ordinary tribunal is constituted. The main dispute continues before the subsequently constituted tribunal.

Can the respondent claim damages for a wrongful injunction?

Yes. Turkish procedural law provides for compensation where an unjustified injunction causes loss and the applicable statutory conditions are satisfied.

Conclusion

Interim measures and injunctions are essential to the effectiveness of international arbitration in Turkey.

Turkish law allows parties to seek urgent protection from both arbitral tribunals and national courts. Court applications do not breach the arbitration agreement, and judicial assistance remains available even in certain foreign-seated arbitrations.

The appropriate forum depends primarily on the nature of the requested relief.

An arbitral tribunal or emergency arbitrator may be well suited to confidential, contract-specific orders directed at the parties. A Turkish court is generally more effective where the measure must bind a third party, affect a public registry, freeze a bank account or be implemented through compulsory state authority.

A successful application requires more than a claim of urgency. The applicant should establish a prima facie right, identify a genuine risk of serious harm, request a proportionate measure, provide appropriate evidence and comply strictly with security, implementation and arbitration-commencement deadlines.

ISTAC’s emergency arbitrator mechanism provides an additional option before constitution of the tribunal. However, the effectiveness of an emergency decision may still depend on voluntary compliance or judicial assistance where coercive enforcement is required.

Businesses entering cross-border transactions connected with Turkey should address interim protection in their arbitration clauses and dispute-resolution strategy. The location of assets, need for third-party compliance, confidentiality concerns and availability of emergency arbitration should be considered before a dispute occurs.

Once a dispute arises, speed is critical. Evidence should be preserved, assets identified, the correct court or arbitral mechanism selected and the arbitration request prepared without delay. A properly designed interim-relief strategy can prevent the opposing party from frustrating the proceedings and can ensure that the final arbitral award remains commercially meaningful.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The availability and enforcement of interim measures depend on the arbitration agreement, legal seat, institutional rules, nature of the claim, location of assets, urgency, evidence and applicable Turkish procedural legislation. Case-specific legal advice should be obtained before filing an interim-relief application.