NEWSLETTER-2019-metin

165 ARBITRATION LAW Article 27 of the UNCITRAL Rules (2006) also adopts a similar approach by providing that the arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from a competent court of state assistance in taking of evidence. The court may execute the request within its competence and according to its rules on taking evidence. TIAL’s Approach on Seeking Assistance from a Competent Court for Taking of Evidence Similar to the ITOTAM Rules and UNCITRAL Rules, the TIAL also regulates the assistance of the court in taking of evidence and production of documents. The TIAL provides for two different options through which to seek assistance from a competent court; (i) for in- terim measures of protection and interim attachments ( Article 6 ), and (ii) for taking of evidence and production of documents ( Article 12/B ). Interim Measures of Protection and Interim Attachments (Article 6) According to Article 6, “ If a party does not comply with the ar- bitral tribunal’s interim measure or attachment, the other party may request the assistance of the competent court for taking of an interim measure of protection or an interim attachment .” One should keep in mind that under the TIAL, even if the arbitral tribunal has the power to decide on interim measures or interim attach- ments for the parties, the arbitral tribunal is not entitled to grant in- terim measures or interim attachments that are required to be enforced through execution offices, or to be executed through other official authorities, or which bind third parties. Therefore, under the TIAL, the parties’ right to request interim measures of protection or interim attachments to a court in accordance with the Code of Civil Procedure (“CCP”) is always reserved. Ac- cording to Article 393(1) of the CCP, the party who sought the interim measure must demand the execution of such measure from the relevant enforcement office, or from the court itself, within one week from