Who this service is for
Turkish ports sit on the only sea route between the Black Sea and the Mediterranean, so foreign businesses end up in Turkish maritime disputes whether or not they planned to. We act for the parties on every side of a shipping matter:
- Shipowners and operators defending cargo, collision or pollution claims, or chasing unpaid hire and freight.
- Charterers in voyage, time and bareboat disputes over hire, off-hire, demurrage, speed and performance, and redelivery.
- Shippers, consignees and cargo interests with damaged, short-delivered or misdelivered goods carried by sea, road or air.
- Freight forwarders and NVOCCs caught between principal and carrier on liability and documentation.
- Marine insurers and P&I clubs pursuing subrogated recoveries or resisting claims in Turkey.
Many of our clients are foreign companies with no presence in Turkey. If you are also setting up or restructuring a Turkish entity to trade or hold tonnage, we cover that through foreign company structuring and corporate matters.
The Turkish legal framework for shipping and transport
Turkish maritime law is codified, which is good news for a foreign party: the rules are written down and largely track international practice. The core sits in one place.
Around that core, several other statutes and conventions do the practical work:
- Carriage of goods by road to and from Turkiye is governed by the CMR Convention, which Turkiye has adopted and which applies directly to qualifying international road carriage.
- Enforcement and ship sale run through the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu) No. 2004.
- Cross-border questions of applicable law and jurisdiction are decided under the Act on Private International and Procedural Law (MÖHUK) No. 5718.
- Ratified conventions form part of Turkish law, including the 1952 Brussels Arrest Convention (Law No. 6469).
For the wider regulatory picture, including flagging, registration and cabotage, see our guide to Turkish shipping laws and vessel registration and our overview of Turkish maritime law.
Ship arrest and conservatory attachment in Turkish ports
For a creditor with a maritime claim, arresting the ship in a Turkish port is usually the strongest card you hold. An arrest stops the vessel from sailing and creates real pressure to put up security or settle.
The application is made to the competent maritime or commercial court for the port. In practice the court will usually require the claimant to provide security (counter-security) before granting the arrest, to cover loss to the owner if the arrest later proves unjustified. Once granted, the arrest is executed through the enforcement office and the vessel cannot clear.
An important point for foreign claimants: Turkiye applies the 1952 Brussels International Convention on the Arrest of Sea-Going Ships (ratified by Law No. 6469), and is not a party to the 1999 Arrest Convention. The list of qualifying claims and the conditions for arresting a sister ship follow the 1952 regime, which differs from what some foreign owners and clubs expect.
Releasing an arrested vessel
The flip side of arrest is getting a ship released, and owners and clubs come to us for this just as often as claimants come to us to arrest. Release normally turns on putting up acceptable security so the vessel can sail while the underlying claim is decided.
- Security in exchange for release. A P&I club letter of undertaking, a bank guarantee or a cash deposit lodged with the court can secure the release of the ship while preserving the claimant's position.
- Challenging the arrest. If the claim is not a genuine maritime claim, the arresting party lacks standing, or the procedure was defective, we object and seek to lift the arrest.
- Counter-security and wrongful arrest. Where an arrest was unjustified, the owner may pursue the claimant's security for the losses caused by the detention.
Charterparties and bills of lading disputes
Most shipping money is won or lost on the contract. Voyage charters, time charters and bareboat (demise) charters are all recognised under Book Five of the Turkish Commercial Code, and standard industry forms such as GENCON, NYPE and BARECON are widely used and broadly enforceable, subject to Turkish mandatory rules.
The disputes we handle most often involve:
- Unpaid freight and hire, off-hire claims and the validity of withdrawal.
- Demurrage and laytime calculations and documentation.
- Speed and performance and bunker consumption claims.
- Bills of lading as documents of title: misdelivery without presentation, switch bills, letters of indemnity and identity of the carrier.
Whether you are drafting fixtures or fighting over them, we cover charterparty and carriage contract drafting and disputes, and the documentary mechanics are explained in our note on bills of lading, CMR notes and air waybills explained.
Cargo and freight claims: sea, road (CMR) and air
When goods arrive damaged, short or late, the recovery route depends on how they travelled and which regime applies. We bring and defend cargo and freight claims across all three modes.
Carriage of goods by sea
Sea cargo claims run under Book Five of the Turkish Commercial Code No. 6102, which sets the carrier's duties, defences and package or weight limitation of liability along Hague-Visby lines. Notice of loss or damage and limitation periods are strict, and a missed deadline can extinguish an otherwise sound claim.
Carriage of goods by road (CMR)
Carriage by air
Air cargo claims are governed by the international air-carriage conventions Turkiye has adopted, again with short notice periods and limitation. Across all modes, the practical battle is usually about who is the contracting carrier, whether notice was given in time, and how the limitation of liability bites.
Collision, salvage, general average and casualty response
When something goes wrong at sea, the first hours shape the whole claim. We respond to casualties involving Turkish waters and the Turkish Straits, working with surveyors, class and clubs to preserve evidence and protect your position.
- Collision. Book Five of the Turkish Commercial Code allocates liability by fault; where both ships are at fault, liability is apportioned in proportion to fault. Collision claims carry statutory time limits, so prompt action matters.
- Salvage. A salvor who successfully assists a vessel or property in danger is entitled to a reward assessed on the value saved, the skill and effort involved and the danger faced, with special compensation for environmental protection efforts.
- General average. Where a sacrifice or expenditure is made for the common safety, the loss is shared between ship, cargo and freight, commonly adjusted under the York-Antwerp Rules where the contract so provides.
For how rewards and owner liability are assessed in practice, see our article on how salvage rewards and shipowner liability work.
Marine insurance, P&I and subrogated recovery
Insurance disputes sit on both sides of maritime work: cargo interests claiming under a policy, and insurers and clubs pursuing recoveries once they have paid.
We handle coverage and quantum disputes, denied or underpaid hull, cargo and freight claims, and subrogated recovery actions against carriers, terminals and third parties after an insurer has indemnified its assured. Some marine policy disputes may be eligible for the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu), depending on the policy terms and the insurer's membership; we assess that route against ordinary court litigation for each matter rather than assuming it is available.
Maritime liens, mortgages and judicial sale of vessels
When a debtor will not pay and the only real asset is the ship, the endgame is forced sale. Turkish law ranks the competing claims against a vessel, and the order of priority decides who actually gets paid.
- Maritime liens are statutory privileged claims that attach to the vessel itself, covering matters such as crew wages, salvage and certain damage and port claims. Liens follow the ship into new hands, which is why a buyer or financier should always investigate them before completing.
- Ship mortgages must be registered in the ship registry to be effective and give the lender a secured, enforceable interest.
- Judicial sale of an arrested vessel proceeds through the Enforcement and Bankruptcy Law No. 2004, with sale proceeds distributed by statutory priority.
Recovering against a vessel is ultimately an enforcement exercise, and we run it together with our wider enforcement and debt recovery in Turkey practice so the maritime claim and the money side move as one.
Cross-border mechanics for foreign clients
Almost every matter we handle involves a foreign owner, a foreign contract or a foreign claimant, so the cross-border plumbing is routine for us.
- Power of attorney. We act on a notarised and apostilled power of attorney, prepared so that one document covers arrest, court proceedings and enforcement. You do not need to travel to Turkiye for an arrest or a cargo claim.
- Apostille and legalisation. Foreign corporate and contractual documents are usually accepted once apostilled (for Hague Convention states) or legalised, with sworn Turkish translation where the court requires it.
- Jurisdiction and arbitration clauses. Many fixtures choose English law and LMAA, ISTAC or ICC arbitration. A Turkish court will respect a valid clause under MÖHUK No. 5718, but a conservatory arrest can still be obtained in Turkiye even where the merits go to arbitration abroad.
- Foreign judgments and awards. Foreign arbitral awards are enforced in Turkiye under the New York Convention 1958, and foreign judgments through MÖHUK recognition and enforcement.
Where the dispute belongs in or alongside arbitration, we cover arbitration and dispute resolution so the forum strategy and the security strategy are set together.
Time limits, common mistakes and why claims fail
Good maritime claims fail more often on procedure than on the merits. The recurring mistakes are avoidable with early advice.
| Common mistake | Consequence |
|---|---|
| Treating an ordinary debt as a "maritime claim" | Arrest refused; the claim is not on the closed list |
| Waiting until the ship has berthed to start the arrest | Vessel sails before security and papers are ready |
| Missing the cargo or CMR limitation period | An otherwise sound claim is time-barred |
| Failing to give cargo damage notice on time | Burden of proof and presumptions shift against you |
| Suing the wrong "carrier" on a bill of lading | Claim dismissed against a party that is not liable |
| Ignoring a foreign jurisdiction or arbitration clause | Turkish proceedings stayed; wasted time and cost |
Why instruct a Turkish maritime lawyer
The conventions may feel familiar, but they are applied through Turkish statute, in Turkish courts, on Turkish procedure. Three things make local counsel decisive:
- Speed at the port. Arrest is a race. A lawyer who can file the application, lodge security and instruct the enforcement office the same day is what turns a recognised maritime claim into a held vessel.
- The right forum. Whether a matter belongs before a Turkish maritime court, a foreign arbitration panel or the Insurance Arbitration Commission changes the strategy, the cost and the outcome. We map that at the start.
- Joined-up enforcement. A judgment or award is worth nothing until it is collected. We run the claim and the enforcement together so security is preserved through to payment.
Maritime disputes in Turkiye are heard by specialised courts in the main hubs, and the cargo and arrest jurisprudence is developed largely by the 11th Civil Chamber of the Court of Cassation (Yargıtay 11. Hukuk Dairesi). Knowing how that case law actually applies is the difference between a claim that reads well and a claim that gets paid.
How to start with Lexin Legal
Getting started is straightforward, and for an arrest it is fast. Send us the key documents (the bill of lading or charterparty, the survey or claim, and the vessel's name and ETA) and tell us the deadline you are working to. We review the claim, confirm whether it qualifies as a maritime claim, and advise on security, forum and the realistic recovery.
From there we prepare the power of attorney, file the arrest or the cargo, freight or insurance claim, and run it through negotiation, mediation, arbitration or court to recovery and enforcement. You can discuss dispute resolution options with us or reach the team directly to talk through a specific vessel or shipment.
How we handle your maritime matter
Send us the documents and the deadline
Share the bill of lading or charterparty, the survey or claim file, the vessel name and ETA, and any limitation date you know. We treat every matter as time-sensitive until we confirm otherwise.
Assess the claim, security and the right forum
We confirm whether you hold a qualifying maritime claim, estimate the security the court is likely to require, and map the right forum: Turkish maritime court, foreign arbitration or the Insurance Arbitration Commission.
Secure the asset: ship arrest or attachment
Where security is needed, we file for conservatory arrest of the vessel or attachment of other assets, lodge counter-security and instruct the enforcement office so the ship cannot clear.
Build and file the claim
We prepare and file the cargo, freight, charterparty or marine insurance claim, with sworn translations and apostilled documents where the court requires them, working on your notarised power of attorney.
Negotiate, mediate or litigate to recovery
We pursue settlement on commercial terms where it serves you, and litigate or arbitrate where it does not, keeping security in place throughout.
Enforce the judgment or award and release security
We enforce the judgment or arbitral award through judicial sale or attachment under the Enforcement and Bankruptcy Law, distribute proceeds by priority, and return or call security as the outcome requires.
Maritime and transport law in Turkey: common questions
Can you arrest a ship in a Turkish port for an unpaid debt?
Only if your debt is a recognised maritime claim. Conservatory arrest under Book Five of the Turkish Commercial Code No. 6102 is available for a closed list of maritime claims, such as unpaid freight or hire, cargo damage, collision, salvage, crew wages, bunkers and ship mortgages. An ordinary commercial debt that is not on that list cannot found an arrest, though other attachment routes may exist.
How fast can a vessel be arrested in Turkiye?
An arrest can be obtained quickly, sometimes within a day, where a qualifying maritime claim and supporting documents are presented to the competent court and the required security is lodged. Because vessels often stay in port only for hours, the application, security and papers need to be ready before the ship berths.
Does the claimant have to put up security to arrest a ship?
Usually yes. Turkish courts generally require the arresting party to provide counter-security before granting the arrest, to cover the owner's losses if the arrest later proves unjustified. The amount is set by the court; we advise on the likely figure and the acceptable form, such as a bank guarantee or cash deposit.
Which arrest convention does Turkiye apply?
Turkiye applies the 1952 Brussels International Convention on the Arrest of Sea-Going Ships, ratified by Law No. 6469. It is not a party to the 1999 Arrest Convention. That distinction affects which claims qualify and the conditions for arresting a sister ship, so foreign owners and clubs should not assume the 1999 regime applies.
How do I get my arrested ship released?
Release normally follows the provision of acceptable security, such as a P&I club letter of undertaking, a bank guarantee or a court deposit, which lets the vessel sail while the underlying claim is decided. If the claim is not a genuine maritime claim or the procedure was defective, we can instead apply to lift the arrest.
What law governs cargo claims for goods carried by sea to Turkiye?
Sea cargo claims are governed by Book Five of the Turkish Commercial Code No. 6102, which incorporates a Hague-Visby-style liability regime, including the carrier's duties, defences and package or weight limitation. Notice requirements and limitation periods are strict, so deadlines must be tracked from the moment loss or damage is found.
What is the time limit for a CMR road-cargo claim in Turkiye?
International road carriage to and from Turkiye is governed by the CMR Convention, which carries a short limitation period of roughly one year from delivery, extended where wilful misconduct is alleged. Because the exact start date and period depend on the facts, you should have the bar confirmed for your shipment and treat the claim as urgent.
Can a foreign company bring a maritime claim in Turkiye without travelling there?
Yes. We act on a notarised and apostilled power of attorney that covers arrest, court proceedings and enforcement, so an arrest or cargo claim can run entirely through local counsel. The slowest step is usually getting the power of attorney notarised and apostilled in your own country, so we prepare that early.
Will a Turkish court respect a foreign arbitration clause in our charterparty?
A valid foreign arbitration clause is generally respected under the Act on Private International and Procedural Law (MÖHUK) No. 5718, so the merits can go to LMAA, ISTAC or ICC arbitration. Importantly, you can still obtain a conservatory ship arrest in a Turkish port even where the substantive dispute is arbitrated abroad.
Are foreign judgments and arbitral awards enforceable against a vessel in Turkiye?
Foreign arbitral awards are enforced in Turkiye under the New York Convention 1958, and foreign court judgments through recognition and enforcement under MÖHUK No. 5718. Once recognised, they can be enforced against the vessel or other assets, including by judicial sale under the Enforcement and Bankruptcy Law No. 2004.
Do you act for marine insurers and P&I clubs?
Yes. We pursue subrogated recovery claims against carriers, terminals and third parties after an insurer has paid its assured, and we also defend coverage and quantum disputes. Some marine policy disputes may be eligible for the Insurance Arbitration Commission, depending on the policy and the insurer's membership, which we assess case by case.
How are maritime liens and ship mortgages ranked when a vessel is sold?
Maritime liens are statutory privileged claims, such as crew wages, salvage and certain damage and port claims, that attach to the vessel and rank ahead of ordinary creditors. Registered ship mortgages give a secured interest. When an arrested vessel is sold judicially under the Enforcement and Bankruptcy Law No. 2004, proceeds are distributed by statutory priority.
Who decides liability in a ship collision in Turkish waters?
Collision liability is governed by Book Five of the Turkish Commercial Code No. 6102 and is allocated according to fault; where both vessels are at fault, liability is apportioned in proportion to fault. Collision claims are subject to statutory time limits, so evidence should be preserved and the claim started promptly after the casualty.
Where are maritime disputes heard in Turkiye?
Maritime disputes are heard by specialised commercial and maritime courts in the main hubs, including Istanbul, Izmir and Mersin, with enforcement run through the local enforcement offices. The leading cargo and arrest case law is developed largely by the 11th Civil Chamber of the Court of Cassation (Yargıtay 11. Hukuk Dairesi).
