Learn how to arrest a ship in Turkey under Turkish maritime law. This 2026 legal guide explains maritime claims, arrest procedures, competent courts, security requirements, release of vessels, enforcement, and practical advice for foreign creditors

Ship arrest is one of the most effective legal remedies available to maritime creditors seeking to secure unpaid claims. Whether the dispute arises from unpaid freight, bunker supply, ship repairs, collision damages, crew wages, charterparty disputes, cargo claims, salvage operations, or maritime mortgages, obtaining a ship arrest order in Turkey can provide significant leverage for settlement and protect a creditor’s ability to recover outstanding debts.

Turkey occupies one of the world’s most strategic maritime locations, controlling the Turkish Straits and serving as a major hub for international shipping through ports such as Istanbul, İzmir, Mersin, Ambarlı, Gemlik, İskenderun, Samsun, Tekirdağ, and Antalya. Every year, thousands of commercial vessels call at Turkish ports, making Turkey an important jurisdiction for maritime arrest proceedings.

Turkey is a party to the International Convention on the Arrest of Ships, 1999 (Geneva Arrest Convention) and has incorporated many of its principles into the Turkish Commercial Code (TCC). Ship arrest proceedings are therefore governed by both Turkish domestic legislation and applicable international maritime conventions.

This 2026 Updated Legal Guide explains the legal basis for ship arrest in Turkey, the procedural steps foreign creditors must follow, and practical strategies for protecting maritime claims.

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What Is Ship Arrest?

Ship arrest is a judicial measure that temporarily prevents a vessel from leaving port until:

• Security is provided,
• The maritime claim is resolved,
• The court orders the vessel’s release.

A ship arrest does not automatically transfer ownership of the vessel to the creditor. Instead, it secures the creditor’s claim while substantive legal proceedings continue.

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Why Is Ship Arrest Important?

Ship arrest enables creditors to:

• Secure maritime claims.
• Prevent a vessel from leaving Turkish jurisdiction.
• Increase settlement leverage.
• Preserve assets.
• Protect enforcement rights.
• Reduce collection risks.

Because ships are highly mobile assets, obtaining an arrest order quickly is often critical.

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What Is a Maritime Claim?

Only certain claims qualify for ship arrest.

Examples include:

• Unpaid freight.
• Charterparty disputes.
• Ship repair invoices.
• Bunker supply claims.
• Salvage remuneration.
• Crew wages.
• Port charges.
• Pilotage fees.
• Towage services.
• Cargo damage.
• Collision claims.
• Marine pollution claims.
• Ship mortgages.
• General average contributions.
• Ship construction disputes.

The claim must generally fall within the categories recognized under Turkish maritime law and the applicable international convention.

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Who Can Apply for Ship Arrest?

Applicants commonly include:

• Shipowners.
• Charterers.
• Cargo owners.
• Banks.
• Marine insurers.
• P&I Clubs.
• Bunker suppliers.
• Ship repair yards.
• Port operators.
• Freight forwarders.
• Salvors.
• Maritime service providers.

Foreign companies enjoy the same right to apply for ship arrest as Turkish companies, subject to Turkish procedural law.

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Which Ships May Be Arrested?

A vessel may generally be arrested if:

• It is owned by the party liable for the maritime claim.
• The claim qualifies under Turkish maritime law.
• Jurisdictional requirements are satisfied.

Whether a sister ship or associated ship may be arrested depends on the applicable legal framework and the ownership structure.

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Competent Courts

Ship arrest applications are generally filed before the Specialized Maritime Courts or other competent commercial courts with maritime jurisdiction.

Jurisdiction may depend upon:

• The port where the vessel is located.
• The place where the ship is expected to arrive.
• Applicable statutory jurisdiction rules.
• The arbitration or jurisdiction clause in the underlying contract.

Turkey has experienced maritime courts in major port cities.

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Step 1 – Identify the Maritime Claim

Before commencing proceedings, the creditor should determine:

• Nature of the claim.
• Contractual basis.
• Applicable law.
• Supporting documentation.
• Amount outstanding.
• Vessel ownership.

Legal analysis at this stage is essential.

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Step 2 – Collect Supporting Evidence

Important documents include:

• Charterparties.
• Bills of lading.
• Invoices.
• Bunker delivery receipts.
• Repair contracts.
• Port invoices.
• Correspondence.
• Statements of account.
• Survey reports.
• Insurance documentation.
• Vessel registry information.

Incomplete documentation may delay the arrest application.

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Step 3 – File the Arrest Application

The creditor files an application requesting:

• Ship arrest.
• Description of the maritime claim.
• Supporting evidence.
• Security assessment.
• Identification of the vessel.

Applications are typically handled on an urgent basis because vessels may depart quickly.

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Step 4 – Provide Counter-Security

Turkish courts may require the applicant to provide counter-security before issuing an arrest order.

The purpose is to protect the shipowner against potential losses if the arrest is later found to have been unjustified.

The amount and form of security depend on the circumstances of the case.

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Step 5 – Court Review

The court considers:

• Whether the claim qualifies as a maritime claim.
• The available evidence.
• Ownership of the vessel.
• Jurisdiction.
• Procedural requirements.
• Counter-security.

Where the legal requirements are satisfied, the court may issue an arrest order without delay.

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Step 6 – Enforcement of the Arrest Order

Once granted, the arrest order is served upon the relevant authorities.

Implementation may involve:

• Harbour Master’s Office.
• Port Authority.
• Coast Guard, where appropriate.
• Other competent maritime authorities.

The vessel is prevented from departing until released by law or court order.

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How Can the Ship Be Released?

The vessel may generally be released if:

• The creditor withdraws the application.
• The court lifts the arrest.
• The shipowner provides acceptable security.
• The parties reach a settlement.

Common forms of security include:

• Bank guarantees.
• Cash deposits.
• P&I Club letters of undertaking (where accepted).
• Other security approved by the court or agreed by the parties.

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Wrongful Arrest

If a ship is arrested without sufficient legal grounds, the applicant may be liable for damages suffered by the shipowner.

Potential losses include:

• Delay claims.
• Charterparty losses.
• Port expenses.
• Operational costs.
• Commercial losses.

Accordingly, creditors should carefully assess the legal basis before seeking an arrest order.

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Arbitration and Ship Arrest

Many maritime contracts provide for:

• London arbitration.
• Singapore arbitration.
• ICC arbitration.
• LMAA arbitration.
• Other international arbitration mechanisms.

Even where the underlying dispute is subject to arbitration, Turkish courts may still grant interim ship arrest to secure the maritime claim, provided the applicable legal requirements are satisfied.

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Time Sensitivity

Ship arrest proceedings require immediate action because vessels may:

• Sail within hours.
• Change ownership.
• Change flag.
• Depart Turkish waters.
• Load or discharge cargo rapidly.

Delay may eliminate the opportunity to secure the claim.

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Common Mistakes by Foreign Creditors

Foreign creditors frequently:

• Wait too long before filing.
• Misidentify the vessel owner.
• Submit incomplete documentation.
• Ignore jurisdiction clauses.
• Underestimate security requirements.
• Delay instructing Turkish maritime counsel.
• Miscalculate the maritime claim.
• Fail to monitor vessel movements.

These mistakes can jeopardize the effectiveness of an arrest application.

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Best Practices

Before applying for ship arrest:

• Confirm that the claim qualifies as a maritime claim.
• Verify vessel ownership.
• Collect complete documentary evidence.
• Monitor the vessel’s expected arrival and departure.
• Prepare translations where necessary.
• Assess counter-security obligations.
• Coordinate with local port authorities.
• Engage experienced Turkish maritime counsel immediately.

Speed and preparation are often decisive.

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Why Professional Legal Assistance Is Essential

Ship arrest proceedings involve:

• Turkish Commercial Code.
• Maritime law.
• International maritime conventions.
• Commercial litigation.
• Arbitration.
• Enforcement law.
• Port regulations.
• International shipping practice.

An experienced Turkish maritime lawyer can:

• Assess the maritime claim.
• Prepare urgent arrest applications.
• Coordinate with port authorities.
• Represent creditors before Turkish courts.
• Negotiate security arrangements.
• Handle vessel release proceedings.
• Enforce maritime judgments and arbitral awards.
• Protect foreign creditors throughout the recovery process.

Early legal intervention often determines whether a maritime creditor successfully secures its claim before the vessel leaves Turkish jurisdiction.

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Frequently Asked Questions

1. Can a foreign creditor arrest a ship in Turkey?

Yes. Foreign creditors may apply for the arrest of a vessel in Turkey if they hold a qualifying maritime claim and satisfy the procedural requirements under Turkish law.

2. What types of claims justify ship arrest?

Claims such as unpaid freight, charterparty disputes, bunker supply, ship repairs, crew wages, collision damage, port charges, salvage, cargo claims, and maritime mortgages may qualify as maritime claims under the applicable legal framework.

3. Must the creditor provide security?

Yes. Turkish courts may require the applicant to provide counter-security before granting a ship arrest order in order to protect the shipowner against losses arising from a potentially wrongful arrest.

4. How quickly can a ship arrest be obtained?

Ship arrest applications are generally handled on an urgent basis because vessels are mobile assets. The exact timing depends on the completeness of the application, the available evidence, and the court’s assessment.

5. Can the ship be released?

Yes. The vessel may be released if acceptable security is provided, the arrest order is lifted by the court, or the parties reach a settlement.

6. Can ship arrest support arbitration proceedings?

Yes. Turkish courts may grant ship arrest as an interim security measure even where the underlying dispute is subject to international arbitration, provided the legal requirements are met.

7. What happens if the arrest is wrongful?

If a court later determines that the arrest was unjustified, the applicant may be liable for damages suffered by the shipowner, including losses caused by the detention of the vessel.

8. Why should foreign creditors hire a Turkish maritime lawyer?

A Turkish maritime lawyer can assess whether the claim qualifies for ship arrest, prepare urgent court applications, coordinate with port authorities, arrange security issues, represent the creditor before Turkish courts, and maximize the likelihood of successfully securing and enforcing the maritime claim.

Legal Support – Contact Our Maritime and International Trade Lawyers

Ship arrest is one of the most powerful remedies available to maritime creditors, but it is also one of the most time-sensitive. Acting promptly with a well-prepared legal strategy can prevent a vessel from leaving Turkish waters, secure valuable maritime claims, and significantly improve recovery prospects.

Fırat Fesih Kaya and our legal team advise shipowners, charterers, cargo interests, banks, marine insurers, P&I Clubs, bunker suppliers, ship repair yards, logistics companies, freight forwarders, and international maritime businesses on ship arrest proceedings, maritime claims, charterparty disputes, cargo litigation, international arbitration, enforcement of foreign judgments and arbitral awards, and all aspects of Turkish maritime and commercial law.

Phone: +90 312 434 22 22

Mobile: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey