Arbitration & ADR, Kolcuoğlu Demirkan Koçaklı Attorneys at Law updates


Contributed by Kolcuoğlu Demirkan Koçaklı Attorneys at Law
Possibility of obtaining preliminary attachment before filing or during enforcement lawsuit
  • Turkey
  • February 15 2018

In 2015 the 15th Chamber of the Court of Appeals held that courts cannot grant a preliminary attachment on the ground of a foreign court judgment, unless this judgment had been enforced in Turkey. The court's reasoning was that foreign court judgments and foreign arbitral awards can be executed in Turkey only if and when they are enforced in Turkey. However, a dissenting opinion in this decision stated that courts can grant a preliminary injunction before an enforcement decision has been finalised.

Does an arbitrator's nationality constitute a restriction on appointment?
  • Turkey
  • November 16 2017

In both domestic and international arbitrations in Turkey, parties are, in principle, free to choose their arbitrators. However, there are limits in this regard, including where the parties are of different nationalities. The Court of Appeals recently rendered an important decision in this regard, which provides an objective standard of proof for assessing doubts with regard to the independence and impartiality of arbitrators.

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