A practical guide for foreign creditors collecting maritime debts in Turkey through ship arrest, enforcement proceedings, litigation, arbitration awards, and recognition of foreign judgments.

Foreign shipowners, bunker suppliers, charterers, freight forwarders, insurers, shipyards, crew members, and maritime service providers may recover unpaid maritime debts against debtors or vessels located in Turkey.

Successful recovery depends on identifying the debtor’s assets quickly, determining whether the claim qualifies as a maritime claim, and choosing the correct enforcement method.

What Maritime Debts Can Be Collected in Turkey?

Common claims include:

• Unpaid freight and hire
• Charterparty debts
• Bunker and supply invoices
• Ship repair costs
• Port and agency fees
• Crew wages
• Towage and pilotage claims
• Salvage remuneration
• Cargo damage claims
• Collision losses
• Insurance receivables
• Shipbuilding and sale disputes

Ship Arrest as a Recovery Method

Under the Turkish Commercial Code, a vessel may be provisionally arrested only for claims classified as maritime claims under Article 1352. Ordinary commercial debts that fall outside this statutory list cannot generally support the arrest of a vessel.

The creditor must present documents making the existence and maritime nature of the claim sufficiently credible. Useful evidence may include:

• Charterparties
• Bills of lading
• Bunker invoices
• Repair contracts
• Delivery receipts
• Correspondence
• Survey reports
• Statements of account

Which Vessel Can Be Arrested?

Depending on the claim and ownership position, arrest may be requested against:

• The vessel connected with the maritime claim
• Another vessel owned by the liable debtor
• A vessel whose owner is personally liable for the debt

Associated-vessel arrest requires careful examination of registered ownership. Similar management, branding, or beneficial ownership alone may not always be sufficient.

Security Required from Foreign Creditors

A court may require the applicant to provide counter-security before granting provisional arrest. The amount and form may depend on the claim, supporting evidence, international treaties, and the creditor’s nationality or residence.

The creditor should therefore prepare both the arrest application and the necessary bank guarantee or cash security in advance.

Enforcement Proceedings Against the Debtor

Where the debtor owns assets in Turkey, the creditor may commence enforcement proceedings against:

• Bank accounts
• Commercial receivables
• Company shares
• Vehicles
• Real estate
• Machinery
• Vessels
• Other attachable assets

If the debtor objects to an ordinary payment order, the creditor may need to file an action for annulment of objection or pursue another appropriate court remedy.

Mandatory Mediation

Commercial lawsuits seeking payment, compensation, annulment of objection, negative declaratory relief, or restitution generally require an application to mandatory mediation before litigation. This requirement applies to relevant maritime commercial disputes as well.

Urgent provisional measures, including ship arrest applications, should be assessed separately and may be sought without waiting for the merits proceedings to conclude.

Enforcing a Foreign Court Judgment

A foreign judgment is not automatically enforceable in Turkey. The creditor generally needs a Turkish court decision granting enforcement under the Turkish Private International Law framework.

The process may require:

• A final foreign judgment
• Certified copies
• Proof of finality
• Apostille or legalization
• Turkish translations
• Satisfaction of enforcement conditions

The Turkish International Private and Procedural Law governs jurisdiction and the recognition and enforcement of foreign judgments.

Enforcing a Foreign Arbitration Award

Foreign maritime arbitration awards may be enforced in Turkey under the New York Convention or applicable Turkish legislation.

The debtor may resist enforcement on limited grounds, including:

• Invalid arbitration agreement
• Lack of proper notice
• Excess of authority
• Procedural irregularity
• Award not yet binding
• Public-policy conflict
• Non-arbitrability

A creditor may also seek protective measures against assets while enforcement proceedings are pending, where the legal requirements are satisfied.

Time Limits

Maritime claims may be subject to short limitation or extinguishing periods. The applicable period depends on whether the debt arises from carriage, chartering, collision, salvage, insurance, employment, repair, or another maritime transaction.

Foreign creditors should not rely only on negotiations because continued correspondence may not automatically stop the limitation period.

Practical Debt Collection Checklist

Before taking action, verify:

1. Identity of the contractual debtor
2. Registered and beneficial vessel ownership
3. Vessel location and sailing schedule
4. Nature and maturity of the debt
5. Whether the claim qualifies as a maritime claim
6. Applicable law and jurisdiction clause
7. Arbitration agreement
8. Available evidence
9. Limitation period
10. Debtor’s assets in Turkey
11. Counter-security requirements
12. Sanctions and insolvency risks

Frequently Asked Questions

1. Can a foreign company collect maritime debt in Turkey?

Yes. A foreign creditor may use Turkish courts, enforcement offices, arbitration-enforcement procedures, and provisional remedies.

2. Can every unpaid invoice lead to ship arrest?

No. The debt must qualify as a maritime claim listed under the Turkish Commercial Code.

3. How quickly can a vessel be arrested?

An urgent application may be decided rapidly where the vessel is present and the creditor provides sufficient evidence and security.

4. Can a sister ship be arrested?

Potentially, but the ownership and personal-liability conditions must be satisfied.

5. Is a foreign judgment directly enforceable?

No. A Turkish enforcement judgment is generally required first.

6. Can a foreign arbitration award be enforced?

Yes, provided the applicable international and Turkish enforcement requirements are met.

7. Must the creditor attend mandatory mediation?

For many commercial monetary lawsuits, mediation is a precondition. Urgent provisional measures require separate analysis.

8. What assets can be seized?

Bank accounts, receivables, shares, real estate, vehicles, machinery, and vessels may be attached where legally owned by the debtor.

9. What is the greatest practical risk?

Delay. A vessel may leave Turkish jurisdiction quickly, while limitation periods and insolvency risks may reduce recovery prospects.

10. Should the creditor send a demand letter first?

Usually yes, unless advance notice would create a risk that the vessel or other assets will disappear.

Client-Focused Legal Support

Fırat Fesih Kaya Law Office assists foreign maritime creditors with debt analysis, demand letters, ship arrest, enforcement proceedings, asset searches, mediation, commercial litigation, and the enforcement of foreign judgments and arbitration awards.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr

Legal Disclaimer: This article provides general information and does not constitute legal advice. Maritime debt recovery depends on the claim, debtor, vessel ownership, evidence, limitation period, and available assets.