NEWSLETTER-2020-metin

260 NEWSLETTER 2020 arbitrator. Such request should be addressed to the court where the property or the right is attached. Also, in order to prevent contradicting decisions regarding the precautionary measures, the decision shall be written with sufficient reasoning if the request is rejected, and the de- cision may be challenged. Also, the provisional attachment under the Bankruptcy and Enforcement Law provides for a similar regulation. Another provision in the Proposal states that the decision regarding a precautionary measure could be challenged in one week from “the declaration or the service” upon the requesting party, as opposed to the “date of the decision.” The Proposal further adds proof of the service of record and the expert’s report upon the other party regarding the “determination of evidence,” under Article 402. Thus, determination of evidence in the absence of the other party would be precluded. The Proposal increases the threshold for simple procedures, and for the panel of judges in commercial disputes, from TL 300.000 to TL 500.000. Also, it becomes mandatory with the Proposal to exhaust the mediation procedure before bringing lawsuit concerning consumer disputes. Conclusion The Proposal that is currently before the TBMM provides for significant amendments to the CPC dated 01.10.2011 and to other rel- evant legislation. In the preamble of the Proposal, it is stated that the aim is to hasten the proceedings and clear certain contradictions that have arisen during the practice of the law. However, certain amend- ments pose a risk to bring further problems, and a significant portion of the issues covered with the Proposal were already settled with the court rulings. On the other hand, amendments on procedural issues, such as amendment of the pleading, settlement, waiver, preliminary examination, oral proceedings of the trial, precautionary measures, and the procedure of the regional court of appeal, are significant. Also, thresholds for simple procedures and the panel of judges are increased, and mediation has become mandatory in consumer disputes.