International jurisdiction of the Turkish courts regarding interim measures

Due to the protracted nature of judicial proceedings, the enforcement of claimant's substantive rights may become significantly hindered or rendered impossible if relief is postponed until a final judgment is rendered. In such circumstances, the claimant may request interim measures to preserve the status quo or prevent irreparable harm. Within this framework, interim measures constitute a vital mechanism to safeguard legal rights and ensure the effective administration of justice. Within the scope of this thesis, the international jurisdiction of Turkish courts with respect to interim measures in disputes involving a foreign element shall be examined. This thesis specifically addresses the problem of whether interim measures can be requested from Turkish courts when they lack jurisdiction over the merits of the case or when the main proceedings are already pending before a foreign court. Furthermore, this thesis discusses whether Turkish courts may have jurisdiction over interim injunctions in arbitration proceedings where the seat of arbitration is outside Türkiye and the International Arbitration Law has not been made applicable by the parties or the arbitral tribunal.