NEWSLETTER-2019-metin

167 ARBITRATION LAW obtaining documents from the parties to the arbitration or from third parties might propose a challenge under the CCP. Under the CCP, Turkish courts do not have the power to force the parties to submit evidence or produce documents against their will 3 . According to Article 220(3) of the CCP, if a party fails to comply, without showing cause for its non-compliance with a court decision ordering the same party to submit evidence or to produce a document within a prescribed time, the court shall have the discretion to assume the other party’s statement concerning the content of the evidence to be true and accurate. This provision creates the same adverse effect that the IBA Rules impose on the party who fails to produce evidence. The decisions upheld by the Court of Cassation are very clear about the application of Article 220(3) of the CCP. In one of its deci- sions, the 22nd Chamber of the Court of Cassation reversed the deci- sion of the trial court due to the fact that the trial court failed to apply Article 220(3). The 22nd Chamber, in its decision, did not give the trial court the discretion to decide whether or not it should apply Article 220(3), but rather decided that it must do so unless it is considered to be inadequate inspection or against due process 4 . The 15th Chamber of Court of Cassation also held, in one of its decisions, that if one of the parties restrains the court to compare and assess all of the relevant evidence that is required for the parties to prove certain facts by not making them available without cause, then it will be deemed as if the non-complying party accepted the evidence submitted by the other party 5 . Consequences of Non-Compliance of a Court Order There are both civil and criminal consequences for non-compli- ance of a court order under Turkish law. On July 11, 2018, the Constitutional Court repealedArticle 398 of the CCP that provided disciplinary imprisonment from 6 to 12 months 3 Gökyayla, Cemile Demir : Milletlerarası Tahkimde Belge İbrazı, Istanbul 2014, p. 201. 4 22. CC, E. 2017/17243, K. 2018/23664, 06.11.2018. 5 15. CC, E. 2018/2696, K. 2018/3431, 09.09.2018.