Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Turkey
If there is an arbitration agreement between the parties and a party maintains an action before the court about a matter that is the subject of this agreement, other party can make an objection as to arbitration as a preliminary objection in the reply petition. This objection’s validity is liable to the provisions which is about to the preliminary objection of the TCCP.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Turkey
As per TCIA, Courts have powers to appoint arbitrators in certain cases (please see answer 24) and hear appeals for the dismissal regarding the challenge request of arbitrator or hear challenges of the arbitrators in certain cases, order interim measure and execute the interim measure decision of the tribunal upon request, set aside an arbitral award, decide on the jurisdiction of the arbitral tribunal if court proceedings commence and extend the term of arbitration. These powers are applicable if the arbitration seated in Turkey.

As per art. 1/3, in case an arbitration seated outside Turkey; art. 5 (decide on the jurisdiction of the arbitral tribunal if court proceedings commence) and 6(interim relief) shall remain applicable. The competent court will be in the respondent’s domicile, habitual residence or places of business in Turkey or where none of these is in Turkey, the İstanbul Civil Court of Justice.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Turkey
There is not an explicit regulation to exclude the courts powers by agreement. Therefore, it is arguable to exclude the court’s powers by agreement. Since the courts have limited grounds to intervene or give assistance to the arbitral proceedings, it is possible to accept that these powers of the courts may not be excluded. The only exception to this if parties renounce their rights to set aside. (Please see answer 42)

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law