The 6th Civil Chamber of the Court of Cassation Ruled That The Turkish Courts Were to Review Objections to Interim Injunction Decisions

The Board of Presidents of the Istanbul Regional Court of Appeals (the“Board”) determined that there was an inconsistency between the judgments rendered by different chambers of the Istanbul Regional Court of Appeals on whether the objection against the interim injunction decision should be heard by the court of first instance that issued the decision or by the foreign arbitration tribunal where the actual dispute is heard. To resolve this inconsistency, the Board applied to the Court of Cassation.

In its decision dated 12 October 2022 and numbered 2022/3529 E., the 6th Civil Chamber of the Court of Cassation, in relation to a dispute which was subject to international arbitration, unanimously decided that the Turkish courts were competent to hear the objection regarding the interim injunction issued by the Turkish courts.