Interim Measures in Judicial Proceedings in Turkmenistan

1) What conditions must be met for the application of interim measures in Turkmenistan?

According to the provisions of the procedural legislation of Turkmenistan, the following conditions must be met to apply for interim measures: 

- Necessity for Interim Measures: Interim relief measures may be taken at any stage of case proceedings if the failure to adopt such measures could hinder or render impossible the execution of a court decision, or if they are necessary to prevent significant harm to the applicant.

- The Application for Interim Measures Must Include the Following Information: 

1. the name of the arbitral court to which the application is submitted;
2. the names of the plaintiff and defendant, along with their location or residence;
3. the subject matter of the dispute;
4. the amount of the pecuniary claim;
5. justification for requesting interim relief;
6. the specific interim measure requested by the plaintiff;
7. a list of accompanying documents.

The application may also contain counter-security and other relevant information, including the phone numbers, fax numbers, and email addresses of the parties involved in the case. 

- Proportionality of Measures: Interim relief measures must correspond to the claim made and not exceed it.

2) What types of interim measures can be applied by Turkmen courts?

The courts of Turkmenistan may apply various types of interim measures, including: the attachment of assets or funds, the prohibition of certain actions, the suspension of asset disposal, suspension of enforcement under an executive document, imposition of an obligation to undertake specific actions, and the transfer of disputed assets for safekeeping.

3) What documents and evidence are required to file a motion for interim measures?

To apply for interim measures, an application must be submitted, either in writing or by completing a form available on the official website of the arbitral court on the Internet. A power of attorney or another document confirming the authority of the applicant’s representative to sign the application must also be attached.

Taking into account the specifics and circumstances of the case, the plaintiff may present any evidence demonstrating that the failure to adopt interim relief measures would hinder or render impossible the execution of the court decision, and could result in significant harm to the plaintiff.

4) How long do interim measures last in Turkmenistan?

Interim relief measures remain in effect until the execution of the court decision or until such measures are canceled.

5) Interim relief measures remain in effect until the execution of the court decision or until such measures are canceled.

The court’s decision to grant interim measure may be appealed; however, filing an appeal does not suspend the enforcement of the decision on interim measure.

Authors: Ikbal Said Alauddin - Managing Partner, Vepa Kadyrov - lawyer, Kerim Balkanov - Senior Associate, Annamenli Rozymyradova - Associate.