Can foreign creditors arrest a vessel in Turkish ports? Learn how ship arrest works under Turkish maritime law, the legal requirements, maritime claims, court procedures, security requirements, and enforcement in this 2026 Updated Legal Guide.

Turkey is one of the world’s busiest maritime jurisdictions, strategically connecting the Black Sea, the Mediterranean, and international trade routes through the Turkish Straits. Every year, thousands of merchant vessels call at major Turkish ports such as Istanbul, İzmir, Mersin, Ambarlı, Gemlik, İskenderun, Samsun, Tekirdağ, and Antalya. As a result, Turkey has become an important jurisdiction for maritime creditors seeking security for unpaid maritime claims.

A common question for international shipping companies, banks, bunker suppliers, ship repair yards, cargo owners, marine insurers, and P&I Clubs is whether a foreign creditor can obtain a court order to arrest a vessel located in a Turkish port.

The answer is yes. Turkish maritime law generally allows foreign creditors to apply for the arrest of a vessel, provided that the claim qualifies as a maritime claim and the statutory requirements are satisfied. Ship arrest proceedings are primarily governed by the Turkish Commercial Code (TCC), together with the International Convention on the Arrest of Ships, 1999, to which Turkey is a contracting state.

This 2026 Updated Legal Guide explains how foreign creditors can arrest vessels in Turkey, the legal requirements, procedural steps, and practical considerations for successful maritime claim enforcement.

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Can Foreign Creditors Apply for Ship Arrest?

Yes.

Foreign individuals and foreign companies generally have the same right as Turkish creditors to seek the arrest of a vessel in Turkish waters, provided they satisfy the applicable legal requirements.

Applicants may include:

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

Nationality alone does not prevent access to Turkish courts.

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What Is Ship Arrest?

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

• Appropriate security is provided.
• The maritime claim is resolved.
• The court orders the vessel’s release.

It is a security measure and does not determine ownership of the vessel or finally resolve the underlying dispute.

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What Is a Maritime Claim?

Not every commercial debt justifies ship arrest.

Turkish law recognizes arrest only for qualifying maritime claims.

Examples include:

• Unpaid freight.
• Charterparty disputes.
• Ship repair invoices.
• Bunker supply claims.
• Crew wages.
• Salvage claims.
• Port charges.
• Towage services.
• Pilotage fees.
• Cargo damage.
• Collision claims.
• Marine pollution.
• Maritime mortgages.
• General average.
• Shipbuilding disputes in appropriate circumstances.

The court first determines whether the claim falls within the legally recognized categories.

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Which Court Has Jurisdiction?

Ship arrest applications are generally submitted to the competent Maritime Court or Commercial Court exercising maritime jurisdiction.

Jurisdiction commonly depends upon:

• The location of the vessel.
• The Turkish port where the vessel is berthed or expected to arrive.
• Applicable procedural rules.
• Relevant jurisdiction provisions.

Turkey has specialized maritime courts in several major commercial ports.

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Must the Vessel Be in Turkey?

Generally, yes.

For Turkish courts to enforce an arrest order, the vessel should ordinarily be:

• Located in a Turkish port;
• Anchored within Turkish territorial waters; or
• Expected to arrive within Turkish jurisdiction when the application is filed, where permitted by procedural rules.

Timing is therefore extremely important.

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Step 1 – Confirm That the Claim Qualifies

Before applying for ship arrest, creditors should determine:

• Nature of the maritime claim.
• Identity of the debtor.
• Ownership of the vessel.
• Supporting documentation.
• Applicable contractual terms.
• Jurisdiction.

A detailed legal assessment helps avoid procedural delays.

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Step 2 – Gather Supporting Documents

Typical supporting evidence includes:

• Charterparty agreements.
• Bills of lading.
• Invoices.
• Bunker delivery receipts.
• Ship repair contracts.
• Port invoices.
• Statements of account.
• Correspondence.
• Survey reports.
• Insurance documentation.

Well-prepared evidence significantly improves the prospects of obtaining an arrest order.

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Step 3 – File the Arrest Application

The application generally includes:

• Description of the maritime claim.
• Identification of the vessel.
• Supporting evidence.
• Request for provisional arrest.
• Information regarding counter-security.

Because ships are mobile assets, courts frequently deal with these applications on an expedited basis.

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Counter-Security Requirement

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

The purpose is to compensate the shipowner if the arrest is later found to have been unjustified.

The amount depends on:

• The value of the claim.
• The potential loss to the shipowner.
• The court’s assessment of the circumstances.

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Court Review

The court examines:

• Whether a maritime claim exists.
• Jurisdiction.
• Ownership issues where relevant.
• Supporting evidence.
• Compliance with procedural requirements.
• Counter-security.

If the legal conditions are met, the court may issue an arrest order.

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Enforcement of the Arrest

Once granted, the arrest order is communicated to the relevant authorities, which may include:

• Harbour Master’s Office.
• Port Authority.
• Customs authorities where necessary.
• Other competent maritime authorities.

The vessel may not depart until legally released.

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How Can the Vessel Be Released?

The vessel may be released through:

• Payment of the claim.
• Settlement.
• Court order.
• Provision of acceptable security.

Security commonly takes the form of:

• Bank guarantees.
• Cash deposits.
• P&I Club Letters of Undertaking (where accepted).
• Other forms approved by the court or agreed by the parties.

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Effect of Arbitration Clauses

Many maritime contracts contain arbitration clauses, including:

• LMAA Arbitration.
• ICC Arbitration.
• SIAC Arbitration.
• Other international arbitration institutions.

An arbitration agreement does not automatically prevent a Turkish court from granting ship arrest as a provisional measure securing a maritime claim.

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Wrongful Arrest

If an arrest is obtained without satisfying the legal requirements, the applicant may face liability for damages resulting from the wrongful detention of the vessel.

Potential losses include:

• Loss of hire.
• Charterparty damages.
• Port expenses.
• Operational costs.
• Delay claims.

Foreign creditors should therefore obtain legal advice before commencing arrest proceedings.

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Common Mistakes by Foreign Creditors

Foreign creditors frequently:

• Delay filing the application.
• Misidentify the vessel owner.
• Submit incomplete documentation.
• Ignore jurisdiction issues.
• Underestimate counter-security obligations.
• Fail to monitor vessel movements.
• Delay appointing Turkish maritime counsel.
• Misclassify commercial claims as maritime claims.

These mistakes may prevent a successful arrest.

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Best Practices

Before seeking ship arrest:

• Confirm the existence of a qualifying maritime claim.
• Verify ownership details.
• Collect complete documentary evidence.
• Monitor the vessel’s movements.
• Prepare translations where necessary.
• Assess counter-security obligations.
• Coordinate with Turkish maritime counsel.
• Act without delay.

Timing is often the decisive factor.

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Why Professional Legal Assistance Is Essential

Ship arrest proceedings require expertise in:

• Turkish Commercial Code.
• Maritime law.
• International arrest conventions.
• Commercial litigation.
• International arbitration.
• Enforcement proceedings.
• Port regulations.
• Marine insurance.

An experienced Turkish maritime lawyer can:

• Assess the maritime claim.
• Prepare urgent arrest applications.
• Coordinate with port authorities.
• Represent foreign creditors before Turkish courts.
• Arrange security.
• Enforce maritime judgments and arbitral awards.
• Protect creditor rights throughout the proceedings.

Immediate legal assistance often determines whether a vessel is successfully arrested before it leaves Turkish jurisdiction.

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Frequently Asked Questions

1. Can foreign creditors arrest a vessel in Turkey?

Yes. Foreign creditors may apply to Turkish courts for the arrest of a vessel, provided they have a qualifying maritime claim and satisfy the procedural requirements under Turkish law.

2. Must the creditor be a Turkish company?

No. Turkish law generally provides foreign creditors with the same procedural right to seek ship arrest as domestic creditors.

3. What types of claims support ship arrest?

Qualifying maritime claims include unpaid freight, charterparty disputes, bunker supply claims, ship repair invoices, crew wages, cargo damage, salvage, port charges, maritime mortgages, and other claims recognized by Turkish maritime law.

4. Is counter-security always required?

Turkish courts may require counter-security before granting an arrest order to protect the shipowner against losses arising from a potentially wrongful arrest.

5. Does arbitration prevent ship arrest?

No. A Turkish court may still grant ship arrest as an interim security measure even if the underlying dispute is subject to international arbitration.

6. Can the shipowner obtain the vessel’s release?

Yes. The vessel may generally be released by providing acceptable security, settling the dispute, or obtaining a court order lifting the arrest.

7. What happens if the arrest is wrongful?

If the arrest is later found to have been unjustified, the creditor may be liable for damages suffered by the shipowner, including losses caused by the vessel’s detention.

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

A Turkish maritime lawyer can determine whether the claim qualifies for ship arrest, prepare urgent court applications, coordinate with port authorities, advise on counter-security, represent the creditor before Turkish courts, and maximize the likelihood of securing the maritime claim.

Legal Support – Contact Our Maritime and International Trade Lawyers

Ship arrest is one of the most effective legal tools available to maritime creditors, but success depends on acting quickly, satisfying procedural requirements, and presenting a well-supported maritime claim. Immediate legal assistance can prevent a vessel from leaving Turkish waters and significantly improve recovery prospects.

Fırat Fesih Kaya and our legal team advise foreign creditors, 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, vessel release, 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