Ship Arrest in Turkey: A 2026 Guide for Foreign Claimants
- Onur ÇALIŞICI
- May 2
- 11 min read
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 1952 International Convention Relating to the Arrest of Sea-Going Ships (to which Turkey is a party since 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 the Arrest Convention 1952.
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 1952
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 1952 Arrest Convention to bring Turkish ship arrest practice into harmony with global standards.
Turkey ratified the 1952 International Convention Relating to the Arrest of Sea-Going Ships in 2017 (Official Gazette No. 30022, 14 March 2017), and the Convention entered into force for Turkey on 8 January 2018. 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 and the 1952 Arrest Convention, 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.
Counter-Security and Costs: What Foreign Claimants Should Budget
The financial commitment of a ship arrest in Turkey breaks down into court charges, the counter-security, sworn translation costs, attorneys' fees, and (often the most overlooked) expenses for keeping the vessel in port. Claimants are not generally liable for the latter, but where the arrest causes a loss of bunkers, perishable cargo or laytime, the counter-security is what backs any wrongful-arrest exposure.
Indicative costs are: court application fees and notification fees in the low four-figure TL range; counter-security of approximately 10,000 SDR (USD 13,000–14,000) which the court may increase based on damage exposure; sworn translation of evidence between EUR 300–1,500 depending on volume; and attorneys' fees subject to engagement letter (the Bar Association tariff is the floor, with commercial complexity driving the actual fee).
Exact amounts are subject to court discretion and the specific facts of each case. We do not publish fixed prices — Turkish Bar regulations require an individualised engagement letter.
Sister Ship Arrest in Turkey
Article 1369 TCC, in line with Article 3(2) of the Arrest Convention 1952, allows the arrest of a sister ship — a vessel in the same beneficial ownership as the ship that gave rise to the maritime claim, but a different vessel — if the claim is in personam against the shipowner. Sister ship arrest is not available where the claim is one strictly in rem (for example, certain mortgage enforcement claims against a specific hull). Charterer-owned debt cannot generally be enforced against the registered owner's other vessels.
Beneficial ownership in single-ship company structures is often the contested issue. Turkish courts will, on a prima facie basis, accept evidence of common ultimate beneficial ownership (UBO), common management, and inter-company guarantees as sufficient to pierce the SPV veil for arrest purposes — but the merits will be revisited at the substantive stage.
Wrongful Arrest: When the Counter-Security Bites
If the substantive case is dismissed on the merits or the arrest is later found to have been wrongfully obtained, the shipowner can claim damages out of the counter-security. Turkish courts apply Article 264 HMK and Article 1363 TCC together: the claimant is strictly liable for damages flowing from a wrongful arrest, even without fault. The 11th Civil Chamber of the Court of Cassation (Yargıtay 11. Hukuk Dairesi) has consistently held that delay damages, lost charter hire, and bunker / port deviation costs are recoverable where causation is established. This is why due diligence on the underlying claim matters: a thin claim arrested on its merits is doubly costly.
Releasing the Vessel: P&I LOU, Bank Guarantees and Cash
Most arrests do not end in a judicial sale. They end in a release through the posting of release security (fekkin teminatı) by the shipowner or their P&I club. Under Article 1370 TCC, the shipowner may obtain release by depositing security in an amount and form acceptable to the court. In practice, a P&I Club Letter of Undertaking (LOU) is common in cargo and collision cases — courts will normally accept LOUs from IG Group clubs without further argument. A Turkish bank guarantee is the most court-friendly form (always accepted, but expensive for the shipowner because it ties up working capital). A cash deposit at the court treasury is the cleanest from the claimant's perspective.
The amount of release security is normally set at the value of the claim plus interest and costs — but capped, where invoked, by the limitation fund under the 1976/1996 Convention on Limitation of Liability for Maritime Claims (LLMC), to which Turkey is a party. Article 1328 TCC implements the LLMC limits.
Comparative Angle: Turkish vs English Law Ship Arrest
Foreign owners and charterers familiar with English Admiralty procedure will recognise much of the Turkish framework but will encounter three meaningful differences. First, counter-security: Turkish courts require it as a matter of routine, whereas English Admiralty courts only rarely demand a cross-undertaking in damages backed by cash. Second, sister ship arrest: the Turkish concept of beneficial ownership is somewhat broader on the prima facie test than the strict English line under The Evpo Agnic [1988], although the substantive analysis converges. Third, judicial sale and distribution: Turkish judicial sales operate through the Enforcement and Bankruptcy Office (İcra Dairesi) under the İcra ve İflas Kanunu (İİK), and maritime liens under TCC Articles 1320–1326 take priority — broadly comparable to but more codified than the English system of in rem statutory rights.
Practical Scenario: A Bunker Claim in Tuzla
Scenario. A Marshall Islands-flagged Supramax bulk carrier, time-chartered to a Greek operator, calls at Tuzla anchorage for crew change. A Turkish bunker supplier holds an unpaid USD 480,000 invoice for stems delivered three months earlier in Aliağa, contractually owed by the time charterer. The vessel is scheduled to sail in 30 hours.
Action. The bunker supplier, advised by maritime counsel in Istanbul, files a precautionary attachment petition before the Istanbul Anadolu Asliye Ticaret Mahkemesi the same morning. The petition relies on Article 1352(k) TCC (claim arising from goods, materials and bunker supplied to the ship) and on the in rem nature of bunker claims under Turkish maritime law. A 10,000 SDR counter-security is lodged via Turkish bank guarantee.
Outcome. Within 18 hours the court issues an ex parte arrest order; the harbour master detains the vessel. The owner's London P&I club, although not contractually liable for the time charterer's debt, intervenes commercially and posts a club LOU for USD 540,000 (claim plus interest and costs) to release the vessel. The substantive dispute proceeds in LMAA arbitration in London under the bunker supply contract, with the Turkish court file kept open until award. The vessel sails 36 hours after first arriving.
Maritime Arbitration as an Alternative: ISTAC
Many maritime contracts now choose Istanbul as a neutral seat for arbitration, with ISTAC (Istanbul Arbitration Centre) handling commercial and shipping disputes under modern rules. Arrest in Turkey is fully compatible with arbitration abroad: an arrest order from a Turkish court does not waive a foreign arbitration agreement, and the substantive case can be filed at the LMAA, ICC, GMAA or ISTAC within the 30-day window. For broader litigation strategy, see our guide on litigation and dispute resolution in Turkey.
Recognition of Foreign Awards Where the Ship Is in Turkey
If you already hold a maritime arbitration award or a judgment from a foreign court, the path is recognition and enforcement under the New York Convention 1958 (to which Turkey is a party) or the relevant bilateral treaty. The Turkish court will recognise the award and then convert the security obtained through arrest into satisfaction. Our team handles the enforcement leg in parallel — see our recognition and enforcement page.
Frequently Asked Questions About Ship Arrest in Turkey
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.
Why Foreign Owners and P&I Clubs Choose Istanbul Attorneys
Istanbul Attorneys is a Kağıthane-based maritime and commercial litigation practice serving foreign shipowners, charterers, P&I clubs, marine insurers and cargo interests. We work in English and Turkish, in close coordination with our strategic partner Lexin Legal and with correspondents in the major P&I jurisdictions. Our maritime work covers ship arrest, cargo claims under Hague-Visby and TCC carriage rules, charterparty arbitration, S&P, registration under TUGS, MARPOL and pollution defence, and the recognition of foreign awards where security has been taken in Turkey.
Need a Maritime Lawyer in Turkey?
At Istanbul Attorneys, our English-speaking maritime team specialises in ship arrest in Turkey, charterparty and cargo disputes, and cross-border enforcement. We work alongside P&I clubs and foreign owners on a 24/7 basis when a vessel is in Turkish waters. Reach out to our team for case-specific guidance — even a thirty-minute call before the vessel arrives in Turkey can save weeks of dispute.
Phone: +90 544 809 1942 | Email: info@istanbulattorneys.com | WhatsApp: https://wa.me/905448091942
Visit us at: Gürsel Mah. Karataş Sk. SNS Plaza Kat:3, No:6, 34413 Kağıthane / Istanbul / Turkey.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Statutory references are accurate as of the date of publication; the Turkish Commercial Code, the Code of Civil Procedure and applicable conventions may be amended. For case-specific guidance on a ship arrest in Turkey or any other maritime matter, please consult Istanbul Attorneys directly. © 2026 Istanbul Attorneys. — Maritime & Commercial Litigation.
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