Maritime trade is central to the global economy, and Türkiye’s position between Europe and Asia has made it a hub for shipping for centuries. The Turkish Straits alone carry tens of thousands of vessels a year, and busy load and discharge ports at Istanbul, Kocaeli, Mersin, Izmir and Iskenderun generate a steady flow of disputes involving foreign owners, charterers and cargo interests. The core of Turkish maritime trade law is set out in Book 5 of the Turkish Commercial Code No. 6102, supplemented by international conventions to which Türkiye is a party. This page outlines the framework and the issues that most often affect owners, charterers, cargo interests and their insurers.
What counts as a ship
The Turkish Commercial Code defines a ship as any vessel designed to move on water, capable of floating, and of a certain size. Vessels without their own propulsion, such as barges and pontoons, still qualify. A merchant ship is one allocated to, or actually used for, economic purposes, regardless of who owns or operates it. This classification matters in practice because it determines which parts of Book 5 apply, whether a claim can be secured against the vessel, and how the ship is treated in enforcement.
For commercial voyages, a vessel must meet safety and certification standards, including:
- Fitness for sea travel and cargo carriage under the International Convention for the Safety of Life at Sea (SOLAS)
- The navigation certificates required by the flag state
- Compliance with applicable international rules
A vessel that fails to meet these standards may be barred from commercial voyages, and detention by port state control can itself become the trigger for delay and off-hire disputes between owners and charterers.
Ships as movable property
Under the Turkish Commercial Code, ships are treated as movable property, whether or not they are entered in the registry. There are exceptions: under the Execution and Bankruptcy Law, certain ships may be subject to the rules that apply to immovable property. For a creditor, this hybrid status is significant, because it shapes how a mortgage is created, how a vessel is seized, and how a judicial sale is conducted.
Registration, ownership and the ship registry
Ships are entered at the port of registry. Owners running voyages from foreign ports, or based in inland cities, may register elsewhere, and separate registries exist for ships under construction. An owner without a Turkish residence or commercial enterprise must appoint a local representative, which is a point foreign owners should address before, not after, a dispute arises.
Key points on ownership:
- The ship registry is public: anyone may inspect it and obtain copies for the relevant fee, which allows a prospective buyer or creditor to check for registered mortgages before acting.
- The person recorded as owner is presumed to be the owner, along with holders of registered mortgages and other rights.
- Transfer of ownership requires a written agreement, notarised or executed at the registry office.
- Ownership may also be acquired through continuous possession over time.
Every Turkish ship must fly the Turkish flag, a right documented by its certificate of registry. The first Turkish owner registers the ship’s name, which must be unique; changing it later requires Ministry permission, and the port of registry must be clearly displayed on the hull.
Ship mortgages and limitation of liability
Registering a ship mortgage protects the secured claims from being extinguished by lapse of time and fixes the creditor’s rank against later claimants. Turkish law also allows shipowners to cap their exposure through the limitation of liability for maritime claims, reflecting the 1976 Convention on Limitation of Liability for Maritime Claims, though the scope and conditions vary by claim. For owners facing a major casualty, establishing a limitation fund early can be a decisive strategic step; for cargo and injury claimants, understanding whether limitation applies is essential to valuing the claim realistically.
A vessel is often a claimant’s only meaningful asset in the jurisdiction. Arrest is not just a remedy for what has already gone wrong: it is the leverage that turns a disputed claim into a negotiated settlement before the ship sails away.
Arrest, detention and security
Cargo interests may secure claims for delayed, lost or damaged cargo. Türkiye is a party to the 1999 International Convention on Arrest of Ships, and the arrest provisions of Book 5 of the TCC (Arts. 1352 et seq.) are modelled on it, permitting a ship to be arrested where a qualifying maritime claim exists. Arrest can be used to obtain security not only for local proceedings but also for litigation or arbitration abroad, which makes a Turkish port a valuable choke point for enforcing claims that have no other connection to Türkiye.
An arrest application must satisfy procedural requirements, including a properly authorised power of attorney, and the claimant is generally required to post counter-security to cover the owner’s losses if the arrest turns out to be wrongful. Türkiye recognises maritime liens and privileges by reference to the law of the forum, the place where the obligation arose, or the flag law. Depending on the circumstances, liability may reach the owner or the demise charterer, and sister-ship or associated-ship arrest may be available where the true target trades under a fleet of single-ship companies.
What this means for you
If you are a cargo interest or bunker supplier, identify the vessel’s next Turkish call and prepare the arrest file, including the power of attorney and supporting evidence, in advance so you can move the moment she berths. If you are an owner, keep your P&I correspondents and Turkish counsel on standby so security can be substituted quickly and the vessel released with minimal delay.
Release and judicial sale
An owner secures release by posting acceptable security, commonly a Club Letter of Undertaking (LOU) or a bank guarantee. The main options compare as follows:
| Security type | Speed | Practical notes |
|---|---|---|
| P&I Club LOU | Fastest | Standard market practice; acceptance depends on the claimant and the court |
| Bank guarantee | Fast | Widely accepted; requires the owner to tie up credit lines |
| Cash deposit with the court | Slower | Certain but capital-intensive; usually a last resort |
Where a vessel is sold under a judicial sale, the court oversees the process and distributes the proceeds according to the ranking of claims, which depends on the nature of each claim and the applicable law. A judicial sale can deliver clean title free of prior liens, which is why the ranking of maritime liens against the sale proceeds is often the real battleground rather than liability itself.
Bills of lading and foreign awards
Liability under a bill of lading depends on correctly identifying the carrier and the governing law. Türkiye applies the international carriage regimes reflected in Book 5, and the jurisdiction or arbitration clause on the reverse of the bill can determine where and how a cargo claim is resolved. For dispute resolution abroad, Türkiye is a party to the 1958 New York Convention, which frames the recognition and enforcement of foreign arbitral awards; awards from non-party states, and foreign court judgments, are handled under Turkish private international law through a recognition and enforcement action.
Time limits
Maritime claims are subject to strict time limits that differ by claim type, including contract and tort claims, personal injury and passenger claims, cargo claims, and salvage and collision claims. Because these periods can be short, acting promptly is essential to preserve a claim. Just as important, evidence such as survey reports, mate’s receipts, stowage plans and vessel logs should be secured early, because a claim that is technically in time can still fail for want of proof.
A practical habit that pays off: as soon as an incident occurs, note reservations on the delivery documents, appoint a surveyor before the cargo or the vessel moves on, and put the other side on written notice. These low-cost steps preserve both the limitation position and the evidential record, and they signal to the opposing P&I club that the claim will be pursued professionally, which often improves the early settlement dynamic.
Do not wait for the merits to become clear before you protect your position. In shipping, the vessel and the evidence can both be gone within days, and a claim you cannot secure or prove is worth little.
How we help
We advise owners, operators, charterers, cargo interests and insurers on ship arrest and release, mortgages, cargo and collision disputes, and the enforcement of awards and judgments in Türkiye. We work alongside foreign counsel and P&I clubs, and we are set up to act at short notice when a vessel is in port. If you are facing an arrest, a cargo claim or an enforcement question, contact us to discuss your position.
How a ship arrest unfolds
- 01
Assess the claim
We confirm your claim qualifies as a maritime claim under the 1999 International Convention on Arrest of Ships and weigh the counter-security exposure.
- 02
Prepare the file
The power of attorney, supporting evidence and application are readied in advance so we can move the moment the vessel berths.
- 03
Obtain the arrest order
The court can grant arrest on an urgent, ex parte basis, and the harbour master stops the vessel from sailing.
- 04
Security and release
The owner posts a P&I Club LOU or bank guarantee; once accepted, the court lifts the arrest and the ship is free to sail.
- 05
Pursue the merits
With security in hand, the underlying dispute proceeds before a Turkish commercial court, or in litigation or arbitration abroad.
Frequently asked questions
Can a foreign creditor arrest a ship in a Turkish port?
Yes. Türkiye is a party to the 1999 International Convention on Arrest of Ships, so a ship may be arrested to secure a recognised "maritime claim" listed in the law, such as unpaid bunkers, cargo damage, salvage, collision or crew wages. The application must satisfy procedural requirements, including a duly authorised power of attorney, and security can be sought even to support proceedings or arbitration abroad. Where the claim qualifies, the court can order arrest on an urgent, ex parte basis without notifying the owner in advance.
How quickly can an arrest be obtained and how much security must I post?
In practice a well-prepared application can lead to an arrest order within a day, and the port authority and harbour master act to stop the vessel from sailing. To secure the arrest, the claimant is generally required to put up counter-security, often around a fixed percentage of the claim, to cover potential losses if the arrest later proves unjustified. Your lawyer should assess this exposure before filing.
How can a shipowner release an arrested vessel?
The owner posts acceptable security for the claim. In practice this is often a P&I Club Letter of Undertaking (LOU) or a bank guarantee. Once security is accepted, the court lifts the arrest and the vessel is free to sail. Because demurrage and off-hire costs mount by the hour, owners usually move to substitute security immediately rather than contest the arrest first and litigate the merits afterwards.
Which court hears maritime trade disputes in Türkiye?
Commercial courts have jurisdiction under Article 5 of the Turkish Commercial Code. Where several commercial courts exist in one location, such as Istanbul, one or more may be designated to handle maritime trade and marine insurance cases exclusively, which means the judges dealing with your matter are familiar with charterparties, bills of lading and P&I practice.
What rules govern bills of lading in Türkiye?
Liability turns on identifying the carrier and the applicable law. Türkiye applies international carriage-of-goods regimes reflected in Book 5, and courts look to the terms of the bill of lading and the governing convention to decide the carrier's exposure. A jurisdiction or arbitration clause printed on the reverse of the bill can be decisive, so the document should be reviewed carefully before a claim is brought or defended.
Are foreign arbitral awards and judgments enforceable in Türkiye?
Yes. Türkiye is a party to the 1958 New York Convention, which provides the framework for recognising and enforcing foreign arbitral awards, with only limited grounds for refusal such as a lack of a valid arbitration agreement or a conflict with public policy. Awards from non-party states, and foreign court judgments, are enforced under Türkiye's private international law rules through a recognition and enforcement action.