NEWSLETTER-2019-metin

166 NEWSLETTER 2019 the decision date. Otherwise, the interim measure shall be deemed revoked. It is also important to understand the approach the Court of Cas- sation has adopted for the application of the TIAL and CCP for taking interim measures of protection or interim attachments. In one of its decisions, the 6th Chamber of Court of Cassation held that it is possible to seek interim measures from a competent court even if the arbitration award has not yet been enforced. According to the Court, the TIAL gives the opportunity to request, from a competent court, that interim measures be taken before and during the arbitral proceedings and, thus, it should also be possible to seek the court’s as- sistance after the arbitral proceedings in the same manner. The lack of such an enforcement decision alone does not constitute a legal barrier to request interim measures 1 . As to the extent of interim measures, the 2nd Chamber of Court of Cassation reversed the judgment of the court of first instance on the grounds that it is possible to decide on interim measures only concern- ing the subject of the dispute. The Court of Cassation held that it is incorrect to take interim measures on a property of the defendant, if such property is not the subject of the main dispute 2 . Taking of Evidence and Production of Documents (Article 12/B) As per Article12/B, “ The parties shall provide their evidence within the term that is determined by the arbitrators. The arbitral tribunal may request from the competent court of first instance as- sistance in taking of evidence. In such case, the provisions of the Code of Civil Procedure shall be applicable .” Under this Article, if the arbitral tribunal needs assistance in tak- ing of evidence and in production of documents, it may request from the national courts to issue an order to that effect. In such case, the ap- plicable law will no longer be the TIAL, but rather the CCP. However, 1 6. CC, E. 2014/3906, K. 2014/4941, 14.04.2014. 2 2. CC, E. 2016/14961, K. 2017/129, 10.01.2017.