4686 Sayılı Milletlerarası Tahkim Kanunu Uyarınca Hakemler Tarafından İhtiyati Tedbir ve İhtiyati Haciz Kararı Verilmesi

Article 6, paragraph 2 of the International Arbitration Law No. 4686 stipulates that the arbitrator or the arbitral tribunal may issue interim injunctions and interim attachments. It is further provided in the following paragraph that the arbitrator or the arbitral tribunal may not grant injunctions and interim attachments which are required to be enforced by enforcement bodies or executed by public authorities or which affect third parties. When the aforementioned provisions are analysed, it is seen that the interim legal protection measures that may be granted by the arbitrator or the arbitral tribunal are limited in terms of type and subject matter. On the other hand, the issue of whether the arbitrators may issue an interim attachment award is a highly debated issue in the doctrine. In our study, it is concluded that the arbitrators …

Keywords: International Arbitration Law No. 4686, Provisional Legal Protection Measures, Provisional Attachment, Provisional Injunction, Imperium Jurisdiction, Assistance of the Court.…