Ship Arrest in Turkey: 2026 Guide for Foreign Claimants

If a vessel carrying your cargo, securing your unpaid bunker invoice, or owing your crew their wages is calling at a Turkish port, time is your enemy. Most ships stay in Turkish waters for hours, not days. Ship arrest in Turkey — the precautionary attachment of a vessel to secure a maritime claim — is one of the fastest and most powerful enforcement tools available to foreign creditors in this jurisdiction. When properly handled, a Turkish court can issue an ex parte arrest order within hours of filing, and Turkish coast guards and port authorities will execute it the same day.

This guide walks you, the foreign claimant, through the entire procedure under the Turkish Commercial Code (TCC), the 1999 International Convention on Arrest of Ships (which Turkey ratified in 2017), and the practical realities of arresting a ship in Istanbul, Tuzla, Aliağa, Mersin, or any other Turkish port.

Key Takeaways: What You Need to Know

• Maritime claims only: Turkish courts will only arrest a ship for one of the maritime claims listed in Article 1352 of the Turkish Commercial Code (TCC), which mirrors Article 1 of the Arrest Convention 1999.

• Counter-security is mandatory: Foreign claimants must lodge a counter-security (karşı teminat) of typically 10,000 SDR (around USD 13,000–14,000) before the arrest is executed.

• Ex parte and fast: The arrest is granted ex parte (without notice to the owner) and can be executed within the same day if the petition is properly drafted.

• Sister ship arrest is allowed under Article 1369 TCC, but limited and not available for every claim type.

• Specialised courts: Maritime arrest petitions in Istanbul are heard by the Commercial Courts of First Instance (Asliye Ticaret Mahkemeleri) — primarily in Çağlayan and Anadolu, with appeals reviewed by the 11th Civil Chamber of the Court of Cassation (Yargıtay 11. Hukuk Dairesi).

  
  

The Legal Framework: TCC Book Five and the Arrest Convention 1999

Turkey's modern ship arrest regime is contained in Articles 1352–1376 of the Turkish Commercial Code No. 6102, which entered into force in 2012. Book Five of the TCC, dedicated entirely to maritime trade (Deniz Ticareti), was deliberately drafted in line with the 1999 Arrest Convention to bring Turkish ship arrest practice into harmony with global standards.

Turkey ratified the 1999 International Convention on Arrest of Ships by Law No. 6905, passed on 2 March 2017; the implementing decree was published in the Official Gazette on 3 May 2019, and the Convention has bound the Turkish authorities from that date. Turkey is not a party to the earlier 1952 Brussels Arrest Convention, and claimants who plan around the 1952 list of maritime claims are working from the wrong instrument. Where Turkish domestic law and the Convention differ, the Convention prevails for cross-border cases, in line with Article 90 of the Turkish Constitution.

Two practical consequences flow from this framework. First, you cannot arrest a ship in Turkey on the basis of an ordinary commercial debt, a tort claim unrelated to a vessel, or a personal claim against the shipowner — only the closed list of maritime claims set out in Article 1352 TCC qualifies. Second, the Turkish courts will not engage in a full merits review at the arrest stage; they conduct a prima facie assessment (ilk bakışta haklılık), and any deeper analysis is left to the substantive proceedings on the merits, often pursued in parallel arbitration or foreign court litigation.

Grounds for Ship Arrest: Maritime Claims Under Article 1352 TCC

The TCC lists 22 maritime claim categories that may justify a ship arrest in Turkey. The most commercially important ones are: damage caused by the ship (collision, wash damage to a quay); loss of life or personal injury (crew or passenger casualties, MLC 2006 personal injury claims); salvage (under LOF or under the 1989 Salvage Convention); charterparty disputes (unpaid hire, demurrage, off-hire deductions); cargo claims (loss, damage, short delivery, mis-delivery); general average (contributions under York-Antwerp Rules); bunker supply (unpaid bunker invoices); crew wages (master and crew wages, repatriation costs, MLC 2006 obligations); mortgage and ship hypothec (default under a registered ship mortgage); disputes over ownership or possession (S&P disputes, beneficial ownership conflicts); and pilotage, towage, and port dues.

For a comprehensive list, see the official text of the Turkish Commercial Code (Mevzuat.gov.tr).

Many maritime claims also create a maritime lien (gemi alacaklısı hakkı) under Articles 1320–1326 TCC, ranking ahead of registered mortgages in distribution. If your claim falls within the lien categories — crew wages, salvage, port dues, collision damages — you not only have the right to arrest, but a priority position when the vessel is sold judicially.

How to Arrest a Ship in Turkey: Step-by-Step Procedure

The procedural skeleton for a ship arrest in Turkey involves five stages: pre-action investigation, filing, counter-security, ex parte order, and execution. In our experience representing foreign creditors and P&I clubs, the entire chain — from instruction to physical arrest — can be completed inside 24 to 72 hours if documentation is ready and the vessel is identified.

Step 1 — Pre-Action Investigation (Hours 0–6)

Before filing, your Turkish maritime lawyer must verify three things. First, that the vessel is or will be in Turkish territorial waters (territorial sea, internal waters, or anchorage). Second, that the ship's current ownership and flag match the debtor — for which we typically run an MMSI / IMO check on AIS providers and request a current Certificate of Registry through the local agent. Third, that the underlying claim qualifies as a maritime claim and that the documentary evidence (charterparty, bill of lading, invoice, salvage agreement, P&I correspondence) is translated into Turkish by a sworn translator (yeminli tercüman).

Step 2 — Filing the Arrest Petition (Hours 6–12)

The petition for precautionary attachment (ihtiyati haciz / ihtiyati tedbir) is filed with the competent Commercial Court of First Instance. In Istanbul, that is normally the Çağlayan or Anadolu Asliye Ticaret Mahkemesi, depending on which side of the Bosphorus the port lies. The petition must state the maritime claim and its TCC Article 1352 categorisation; identify the vessel by name, IMO number, flag and current location; annex the supporting evidence with sworn Turkish translations; request both the arrest order and an authorisation for the harbour master and coast guard to detain the vessel; and offer to deposit the counter-security.

Step 3 — Counter-Security (Hours 12–18)

Before the court will release the order, the claimant must lodge counter-security. Under Article 1363 TCC, the standard counter-security is 10,000 SDR — currently equivalent to roughly USD 13,000–14,000 — although the court has discretion to increase it where the potential damage from a wrongful arrest is greater (e.g. a high-value LNG carrier or a chartered tanker on a tight laycan). Counter-security is typically posted as a Turkish bank guarantee or cash deposit through the court's clerk's office.

Step 4 — Ex Parte Arrest Order (Hours 18–24)

The court reviews the file in chambers, without notifying the shipowner, and either grants or refuses the arrest. A reasoned interim order is issued. If granted, the court forwards it to the Coast Guard Command, the harbour master (liman başkanlığı), and the local enforcement office (icra dairesi) for execution. The vessel is prohibited from sailing and her papers may be lifted.

Step 5 — Execution and the 30-Day Substantive Filing Deadline

Once the arrest is executed, you must file the substantive case (whether in Turkey or abroad) within one month of the arrest order under Article 264 of the Code of Civil Procedure (HMK). If the dispute is subject to a foreign arbitration clause, you must initiate arbitration within the same period and notify the Turkish court — failure to do so causes the arrest to lapse automatically.

Have a Vessel Calling at a Turkish Port?

Time-critical ship arrests need a Turkish maritime lawyer on the file before the vessel sails. Contact Istanbul Attorneys: +90 544 809 1942 | WhatsApp | info@istanbulattorneys.com.

Common questions about this topic

How long does it take to arrest a ship in Turkey?

With complete documentation and the vessel already in Turkish waters, arrest can typically be executed within 24–72 hours of instruction. The fastest stage is the ex parte order; the slowest is usually preparing the sworn Turkish translations of the underlying evidence.

Do I need to come to Turkey to arrest a ship here?

No. The entire procedure can be handled by a Turkish maritime lawyer holding a power of attorney issued by you and apostilled. Foreign claimants regularly arrest ships in Turkey without ever attending in person.

Can I arrest a vessel for a debt owed by the time charterer rather than the registered owner?

It depends on the type of claim. For bunker supply, salvage, port dues and certain other claims that travel with the ship in rem under Turkish law, yes. For pure in personam debts of the charterer, the answer is generally no — but case-specific analysis is essential.

What happens if my substantive case fails after the arrest?

The shipowner may claim damages out of your counter-security and, if those damages exceed the counter-security, against you personally. This is why a robust, evidence-backed claim is essential before triggering an arrest.

Can a Turkish-flagged vessel be arrested in Turkey by a foreign claimant?

Yes. Nationality of the vessel or claimant does not affect the right to arrest. What matters is whether the claim falls within the Article 1352 TCC list and whether the vessel is in Turkish jurisdictional waters at the time of the order.

Are vessels under the Turkish International Ship Registry (TUGS) treated differently?

No, not for arrest purposes. TUGS-registered vessels (governed by Law No. 4490) enjoy tax advantages but are subject to the same arrest regime under TCC Book Five.

This guide is general information on Turkish law, not legal advice on your own matter. Rules and practice change; check the position before you act.