NEWSLETTER-2019-metin

169 ARBITRATION LAW The TIAL provides for court assistance in two different scenarios: (i) for interim measures of protection and interim attachments and (ii) for taking of evidence and production of documents. Pursuant to the TIAL , with respect to both scenarios, the national court will apply the CCP as the applicable law. Under the CCP, however, the courts do not have the power to force the parties to submit evidence nor to produce documents against their will. If the party fails to provide such evidence despite a court order, Turkish law provides different remedies that can be sought, such as; the evidence being considered to have an adverse effect as is the case with the IBA Rules; disciplinary fine on the non- complying third party; seeking assistance from execution officers who have the power to enforce court orders; and -if the execution officer fails to proceed accordingly- initiating a criminal action against the officer on the grounds of neglecting official duties or misconduct.