Turkey
Answer ... Both the Turkish International Arbitration Code and the Turkish Civil Procedure Code (TCPC) stipulate that courts may support the arbitrators on matters which are expressly stipulated in the relevant section of these laws.
Under Article 413 of the TCPC, if the parties object to court proceedings on the basis of an arbitration agreement, the court will accept this objection and reject the case at hand on procedural grounds as long as the arbitration agreement is valid, effective and applicable. Therefore, if the party in the court proceedings raises the arbitration objection and states that the dispute cannot be heard before the courts because it is subject to arbitration, the court will initially test the arbitration agreement and then decide on the admissibility of the arbitration objection.
On the other hand, if the parties mutually consent to arbitration during the court proceedings, the case file shall be sent to the arbitrators by the relevant court (Article 412 of the TCPC).
Turkey
Answer ... The arbitrators may seek assistance from the local courts with regard to, for instance, provisional measures and the collection of evidence. The cases in which the local courts have powers in the arbitration proceedings are not expressly listed in Turkish arbitration law.
Article 414 of the TCPC states:
(3) In cases where the arbitrator or the arbitral tribunal or another person appointed by the parties will not be able to act on time or efficiently, one of the parties may apply to the court on provisional measures or determination of evidence. If these conditions are not present, application to courts may only be made upon the consent obtained from the arbitrator or the arbitral tribunal, or by the written agreement between the parties.
(4) The decision of provisional measures given before or during the arbitration proceedings by the court upon the request of a party, unless otherwise decided, is lifted ipso facto, by the arbitrator’s or arbitral tribunal’s decision becoming performable, or the case being denied by the arbitrator or the arbitral tribunal.
(5) The decision of provisional measures given by the court may be amended or lifted by the arbitrator or the arbitral tribunal.
The courts may also provide assistance with regard to the appointment of the arbitrators. Article 416 of the TCPC stipulates that: “if a sole arbitrator shall be appointed and the parties cannot agree on choice of arbitrator, it is chosen by the court upon the request of one of the parties.” The same applies where three arbitrators are to be appointed and the third is not appointed by the other two arbitrators, or where a party does not appoint its arbitrator within the specified timeframe (Article 416(1)(c)).
Turkey
Answer ... Certain matters (eg, family law and criminal law matters) fall within the jurisdiction of the local courts because they are not arbitrable. The parties cannot exclude the powers of the local courts in this regard. However, if the local court decides on the validity of the arbitration agreement where a party objects during litigation (where the dispute is subject to arbitration), the court’s power may be excluded. Other than that, the only restrictions concern the arbitrability of the dispute and public order, which would not allow the parties to exclude the court’s powers by agreement.
