On April 19 2014 the Court of Appeals reversed a first-instance
court decision rejecting a request for a preliminary injunction on
the grounds that the party seeking the injunction did not have a
final decision on enforcement of the arbitral award on which the
request was based.1
After obtaining an arbitral award from the Moscow Court of
Arbitration, the claimant applied to the Turkish courts seeking
enforcement of the award. The Turkish courts granted the
enforcement on March 19 2013. However, the respondent appealed and
precluded the enforcement decision from becoming final until the
appeal proceedings were concluded.
While these proceedings were ongoing, the claimant applied to
the first-instance court seeking a preliminary injunction on the
grounds that its receivable was unsecured, and that the respondent
had attempted to conceal its assets, had sold assets registered
under its name to third parties and planned to sell the rest.
The first-instance court rejected the request for a preliminary
injunction by stating that appealing an enforcement decision
suspends the execution of such decision until the appeal
proceedings are concluded and thus the requirement of maturity
stipulated under Article 257 of the Code on Enforcement and
Bankruptcy2 is not met.
The Court of Appeals reversed the decision and stated that a
preliminary injunction decision may be given on the following
Although enforcement decisions cannot be executed before
becoming final, there is no legal obstacle to requesting a
preliminary injunction based on such decisions.
Although Article 257 stipulates that a preliminary injunction
may be requested for receivables that are mature and unsecured, it
also regulates the conditions for requesting preliminary
injunctions for receivables that are not yet
Since a preliminary injunction allows only for temporary
attachment on the goods and rights of a debtor, there is no need to
seek enforcement of an arbitral award to give a decision on a
Pursuant to the International Arbitration Law,4 it
is possible to apply for a preliminary injunction before or during
arbitration proceedings. Therefore, a preliminary injunction may
also be requested after the arbitral award has been rendered.
This decision is significant in that it protects the rights of a
party seeking the enforcement of an arbitral award in Turkey, since
the enforcement proceedings, including an appeal, may take
approximately three to four years.
1 Decision of the Court of Appeals Sixth Civil Chamber,
March, 14 2014, E 2014/3906, K 2014/4941.
2 The Execution and Bankruptcy Law 2004, published in the
Official Gazette on June 19 1932.
3 Article 257 states:
"...Preliminary injunction may be requested for a
debt that has not yet become due only in following
If the debtor do not have a specific
If, with the purpose of getting out of his/her
commitments, the debtor gets ready to hide, smuggle its assets or
to run away or if he/she runs away or performs fraudulent acts for
such purpose in violation of the rights of the
4 The International Arbitration Law numbered 4686,
published in the Official Gazette on July 5
Originally published in International Law Office,
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guide to the subject matter. Specialist advice should be sought
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