Originally from Arbitration Law of Turkey: Practice and Procedure

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.