Emergency Arbitration and Interim Measures in Turkey: How Can Foreign Companies Protect Assets? – 2026 Updated Guide

Learn how foreign companies can protect bank accounts, real estate, shares, goods and evidence in Turkey through emergency arbitration and interim court measures.

When a commercial dispute becomes urgent, waiting for a final arbitral award may allow the opposing party to transfer assets, empty bank accounts, sell property or destroy important evidence. Foreign companies may therefore need emergency arbitration or interim measures from a Turkish court to protect their rights.

Emergency arbitration is generally used before the main arbitral tribunal is constituted. Turkish courts may also grant urgent measures concerning assets or evidence located in Turkey. The correct strategy depends on the arbitration clause, the arbitration rules, the seat of arbitration, the location of the assets and the urgency of the risk.

What Is Emergency Arbitration?

Emergency arbitration is a fast procedure allowing a party to request urgent protection from an emergency arbitrator before the main arbitral tribunal is formed. It is available only where the selected arbitration rules provide for this mechanism.

The emergency arbitrator may consider requests such as preventing the transfer of assets, preserving goods, stopping the enforcement of certain contractual actions or protecting confidential information. The applicant normally must show that the situation is urgent and that waiting for the ordinary arbitration process could cause serious harm.

The emergency arbitrator may also require the applicant to provide security for possible losses suffered by the opposing party.

What Are Interim Measures in Turkey?

Interim measures are temporary legal protections designed to preserve the position of the parties until the dispute is finally resolved. A Turkish court may be asked to protect assets, evidence or commercial rights even when the underlying dispute must be decided through arbitration.

Depending on the circumstances, a foreign company may seek:

• A precautionary attachment over Turkish assets.
• An interim injunction against the transfer or sale of property.
• Protection of bank accounts or receivables.
• Preservation of commercial records and digital evidence.
• Protection of goods, inventory or machinery.
• Measures preventing the destruction or alteration of documents.
• Assistance with evidence located in Turkey.

An interim measure does not necessarily mean that the Turkish court will decide the merits of the dispute. The main claim may still need to be resolved by the arbitral tribunal.

Can a Foreign Company Apply to a Turkish Court Despite an Arbitration Clause?

Yes. An arbitration agreement does not automatically prevent a foreign company from requesting urgent assistance from a Turkish court. This is particularly important when the assets or evidence are located in Turkey.

A foreign company may need Turkish court assistance because the arbitral tribunal cannot directly seize assets, register restrictions on Turkish real estate or control Turkish enforcement authorities. Court assistance may therefore be necessary to make the arbitration effective.

The application should clearly state that the applicant relies on the arbitration agreement and seeks only temporary protection. The foreign company should avoid wording that could be interpreted as accepting Turkish court jurisdiction over the merits.

When Can a Precautionary Attachment Be Requested?

A precautionary attachment may be considered where there is a monetary claim and a genuine risk that the debtor may make recovery difficult. The applicant generally needs to present evidence showing the existence of the claim and the urgency of protecting assets.

Examples of risk may include:

• The debtor is transferring money to another company.
• Company bank accounts are being emptied.
• Real estate is being sold below market value.
• Valuable machinery or inventory is being removed.
• The debtor has announced liquidation or closure.
• The company has stopped paying other creditors.
• Assets are being transferred to related parties.
• The debtor is preparing to move assets outside Turkey.

The court may require security from the applicant. The amount and type of security depend on the circumstances and the potential harm caused by the measure.

What Must Be Proved in an Emergency Application?

A foreign company should usually demonstrate four central elements: a credible legal claim, urgency, a risk of irreparable or difficult-to-compensate harm and proportionality.

The evidence should explain why the requested measure is necessary and why ordinary legal proceedings would be insufficient. General concerns are usually weaker than specific evidence showing that assets are about to be transferred or evidence is about to be destroyed.

The application should identify the assets or evidence as precisely as possible. A request covering every asset of a company without sufficient justification may be challenged as excessive or disproportionate.

Emergency Arbitrator or Turkish Court: Which Is Better?

The choice depends on the contract and the location of the threatened assets.

Emergency arbitration may be appropriate where the arbitration rules offer a fast and confidential process and the opposing party is expected to comply voluntarily. It can also provide a decision from an arbitrator familiar with the commercial dispute.

A Turkish court application may be more effective where immediate coercive action is required against Turkish bank accounts, real estate, vehicles, shares, inventory or receivables. Turkish enforcement authorities generally cannot act solely on an emergency arbitrator’s order without the necessary recognition or implementation steps.

In some cases, the foreign company may use both mechanisms. It may apply to an emergency arbitrator while also seeking limited court assistance in Turkey.

What Is the Role of the Arbitration Seat?

The seat of arbitration determines the legal framework and supervisory court for the arbitration. It is not necessarily the same as the place where hearings are held or where assets are located.

If the seat is in Turkey, Turkish courts may have a more direct supervisory role. If the seat is outside Turkey, Turkish courts may still be relevant because the assets or evidence are located in Turkey.

A foreign company should review the arbitration clause for the seat, institution, applicable rules and language. An unclear or contradictory clause may create additional disputes at the most critical stage of the case.

How Can Foreign Companies Protect Bank Accounts and Receivables?

Where there is a risk of dissipation, a foreign company may consider measures concerning Turkish bank accounts, receivables owed by customers, payment rights, shares or other identifiable financial assets.

The applicant should provide evidence connecting the debtor to the relevant asset. Bank records, invoices, payment instructions, commercial correspondence, public company records and evidence of recent transfers may be helpful.

The company should also determine whether the requested measure can be enforced quickly and whether additional enforcement steps are required after the court order.

Can Real Estate, Shares and Goods Be Protected?

Turkish real estate may be protected through appropriate restrictions or interim measures where there is a specific legal and factual basis. Company shares, vehicles, machinery and goods may also require tailored applications.

The foreign company should provide ownership records, title information, contracts, valuation documents, photographs, delivery records and evidence of an intended transfer. An application is more persuasive when it identifies the asset, explains the legal connection and demonstrates the immediate risk.

Measures affecting third-party rights require particular care. A bank, purchaser, warehouse operator or unrelated customer may challenge an order that improperly affects its own rights.

How Should Evidence Be Preserved in 2026?

Commercial disputes increasingly depend on digital evidence. Foreign companies should preserve emails, electronic signatures, accounting records, cloud files, online platform data, payment instructions, messaging records and transaction histories.

Screenshots may be useful, but original files, metadata, server records and reliable business systems may provide stronger proof. The company should preserve documents in their original format and maintain a record of when and how they were collected.

An urgent evidence-preservation request may be appropriate when there is a risk that company records, CCTV footage, electronic communications or accounting data will be deleted.

What Is the Emergency Procedure for a Foreign Company?

The foreign company should act in the following order:

1. Review the arbitration clause and emergency-measures provisions.
2. Identify the arbitration seat, institution and applicable rules.
3. Collect evidence of the claim and the immediate risk.
4. Identify Turkish assets, evidence or third parties involved.
5. Determine whether emergency arbitration, court protection or both are appropriate.
6. Prepare the required security and corporate authorization documents.
7. File the application without unnecessary delay.
8. Preserve confidentiality and avoid notifying the opposing party prematurely where legally permitted.
9. Monitor asset transfers and compliance with any order.
10. Begin the main arbitration or commercial claim within the required period.

A foreign company may generally act through a Turkish lawyer under a properly prepared power of attorney. Foreign corporate documents may require authentication, translation or other formal procedures before use in Turkey.

What Happens If the Opposing Party Violates the Measure?

If the opposing party transfers assets, destroys evidence or ignores an interim order, additional legal and enforcement remedies may become available. The foreign company should document the violation immediately and notify the relevant court, tribunal or enforcement authority.

A violation may also affect the opposing party’s credibility in the main arbitration or court proceedings. However, the response must be coordinated carefully because unauthorized enforcement actions may create additional liability.

Fırat Fesih Kaya Law Office assists foreign companies with emergency arbitration, precautionary attachment, interim injunctions, asset tracing, evidence preservation and cross-border enforcement in Turkey.

Frequently Asked Questions (FAQ)

1. Can a foreign company request emergency arbitration in Turkey?

Yes, if the applicable arbitration rules provide for an emergency arbitrator procedure and the dispute falls within a valid arbitration agreement.

2. Can a Turkish court protect assets when the dispute must be arbitrated?

Yes. Turkish courts may provide urgent assistance concerning assets or evidence located in Turkey.

3. Can a foreign company freeze a Turkish bank account before receiving an arbitral award?

In suitable cases, a precautionary attachment or similar interim measure may be requested before a final award.

4. What evidence is needed for an emergency measure?

The applicant should show a credible claim, urgency, a real risk of harm and a proportionate connection between the requested measure and the threatened asset or evidence.

5. Is security required for interim measures?

The court or tribunal may require security to compensate the opposing party if the measure is later found to be unjustified.

6. Does applying to a Turkish court waive arbitration?

Not necessarily. The application should clearly state that it is limited to interim protection and does not waive the arbitration agreement.

7. Can Turkish real estate be protected during arbitration?

In appropriate circumstances, a foreign company may request measures concerning Turkish real estate if the legal connection and urgency are properly established.

8. Can an emergency arbitrator order be enforced directly in Turkey?

The practical enforceability depends on the order, applicable rules and Turkish procedural requirements. Court assistance may be needed for coercive measures against Turkish assets.

9. How quickly should a foreign company act?

Immediately. Delays may allow the opposing party to transfer assets, delete records or make recovery more difficult.

10. Can a Turkish lawyer represent a foreign company in an urgent application?

Yes. A Turkish lawyer may represent the company under a valid power of attorney and complete the necessary procedural steps in Turkey.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Legal Support for Emergency Arbitration and Interim Measures in Turkey

Foreign companies facing asset transfers, unpaid debts, threatened evidence destruction or urgent commercial risks should obtain legal support without delay. Fırat Fesih Kaya Law Office provides professional assistance in Turkey and internationally for emergency arbitration, interim measures, asset protection, commercial disputes and enforcement proceedings.

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Email: info@firatfesihkaya.av.tr
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