Interim Relief Pending Enforcement of a Foreign Arbitral Award in Turkiye

A party holding a foreign arbitral award can apply to a competent Turkish court for a provisional attachment or other interim measure over assets located in Türkiye, either alongside or shortly before filing the enforcement action, in order to prevent the debtor from dissipating assets while the enforcement process is ongoing. Interim relief is a separate application from the enforcement action itself, though the two are typically pursued in close coordination.

Even a strong, clearly enforceable foreign arbitral award can lose much of its practical value if the debtor moves or conceals assets before enforcement is completed. Interim relief addresses this risk directly by allowing the creditor to secure assets in Türkiye early, rather than waiting for the enforcement action to run its full course before taking any protective steps.

Articles 389 to 399 of the Code of Civil Procedure No. 6100 govern interim measures under Turkish law, including provisional attachment, allowing a party with a credible claim to apply for protective measures over a debtor's assets where there is a risk that enforcement would otherwise become significantly more difficult. Articles 60 to 63 of Law No. 5718 on Private International Law and International Civil Procedure (MOHUK) govern the underlying enforcement of the foreign arbitral award itself, and the two frameworks operate together in practice when a creditor seeks both protection and eventual enforcement.

Turkish courts assessing an application for interim measures in this context examine whether the applicant has demonstrated a credible underlying claim, supported by the arbitral award, and whether there is a genuine risk that the debtor's assets will be dissipated, transferred, or otherwise placed beyond reach if protective measures are not granted promptly. Courts also expect the applicant to identify, with reasonable specificity, the assets or accounts to be covered by the measure.

There is discussion in practice about how much evidentiary weight a foreign arbitral award that has not yet been the subject of a completed Turkish enforcement decision should carry when a court assesses the credibility of the underlying claim for interim relief purposes. Commentators generally agree that a final, unchallenged award supports a strong showing of a credible claim, while an award still subject to a pending challenge abroad may require a more careful, case-specific assessment.

An applicant should prepare a clear account of the underlying claim as reflected in the award, evidence of the specific risk to assets in Türkiye, and identification of the assets or accounts targeted by the requested measure, presenting this material in a manner that allows the court to act quickly given the urgency such applications typically involve.

Interim measures are, by their nature, sought urgently and are typically addressed by the court promptly, but the applicant must also pursue the underlying enforcement action within the relevant procedural timeframe to maintain the effect of the measure obtained, since interim relief is provisional and tied to the substantive proceedings.

The Turkish court with jurisdiction over the location of the relevant assets, or otherwise connected to the dispute, handles the application for interim measures, while the enforcement action for the arbitral award itself proceeds before the competent civil court of first instance.

Relevant material includes the arbitral award and the arbitration agreement, information identifying the debtor's assets or accounts in Türkiye, and evidence supporting the urgency and risk that justify the requested interim measure, such as indications of an intent to transfer or conceal assets.

A common mistake is delaying the interim relief application until after the enforcement action is well underway, by which time assets may already have moved. Another is failing to identify specific assets or accounts, leaving the court without a practical basis to grant an effective measure. Applicants sometimes also assume that obtaining interim relief is equivalent to obtaining enforcement itself, when it is only a protective step pending the outcome of the enforcement action.

Creditors holding a foreign arbitral award and concerned about asset dissipation in Türkiye should treat interim relief as an integral part of their enforcement strategy from the outset, acting quickly once a risk is identified rather than waiting for the enforcement action itself to conclude.