Ship Detention Due to Unpaid Port Charges in Turkey: Legal Rights and Remedies – 2026 Updated Guide

Can a ship be detained for unpaid port charges in Turkey? Learn the 2026 rules on maritime liens, ship arrest, port dues, security, foreign vessels, objections, release procedures, and legal remedies under Turkish maritime law.

Foreign shipowners, operators, charterers, managers, P&I interests, and shipping companies calling at Turkish ports may face substantial legal and commercial risks when port charges remain unpaid. Depending on the nature of the debt and the legal procedure followed, unpaid port dues may contribute to proceedings that prevent a vessel from sailing or result in the judicial arrest of a ship.

However, an unpaid invoice does not automatically give every creditor an unrestricted right to detain a foreign vessel. Turkish law distinguishes between judicial ship arrest, maritime liens, maritime claims, contractual rights, administrative restrictions, and operational measures arising under port regulations.

This distinction is critical. An improperly imposed restriction may potentially be challenged, while a valid maritime lien or arrest order may require immediate payment, security, objection, or court proceedings.

For foreign shipowners operating in Istanbul, Izmir, Mersin, Iskenderun, Kocaeli, Aliaga, Gemlik, Antalya, or other Turkish ports, rapid legal assessment can be essential because every additional day of detention may create substantial charterparty, cargo, terminal, crew, insurance, and financing losses.

Can a Ship Be Detained for Unpaid Port Charges in Turkey?

Potentially, yes, but the legal mechanism matters.

Under Turkish maritime law, certain claims arising from the operation of a vessel qualify as maritime claims and may support an application for the precautionary arrest of a ship.

The Turkish Commercial Code No. 6102 establishes the principal framework governing maritime claims, maritime liens, and ship arrest in Turkey. Turkish ship arrest rules also substantially reflect the principles of the 1999 International Convention on Arrest of Ships.

Port, canal and other waterway dues, together with pilotage dues, are particularly significant because Article 1320 of the Turkish Commercial Code recognizes specified categories of such claims as maritime liens. The distinction is important because maritime liens enjoy special status and may follow the vessel under circumstances provided by law. (Chambers Practice Guides)

At the same time, not every charge described commercially as a “port charge” necessarily has identical legal status.

Terminal handling charges, storage fees, berth charges, pilotage, towage, mooring services, agency charges and other operational expenses should therefore be analyzed individually.

Maritime Liens for Port Dues Under Turkish Law

One of the most important protections available to certain maritime creditors is the maritime lien.

Under Articles 1320–1327 of the Turkish Commercial Code, maritime liens are limited to categories specifically recognized by legislation.

These include certain claims relating to crew wages, loss of life or personal injury, salvage, tort claims involving physical damage, and importantly for this subject, port, canal and other waterway dues and pilotage dues. (Chambers Practice Guides)

A maritime lien is considerably stronger than an ordinary unsecured contractual claim.

It can provide the creditor with preferential rights against the vessel and may remain relevant even where complicated ownership or operational arrangements exist.

Consequently, foreign owners should never assume that a dispute can be postponed simply because the invoice was issued locally or because the ship is registered abroad.

Maritime Claim and Ship Arrest in Turkey

The second major concept is the maritime claim.

The Turkish Commercial Code contains a defined range of maritime claims capable of supporting precautionary arrest proceedings.

Where the statutory requirements are satisfied, a creditor may apply to the competent Turkish court for the arrest of a vessel as security for its maritime claim. Turkish arrest proceedings are governed principally by the Turkish Commercial Code, which incorporates the fundamental approach of the 1999 Arrest Convention. (Chambers Practice Guides)

This is especially important for foreign vessels making short Turkish port calls.

A creditor may attempt to secure its claim while the vessel remains within Turkish jurisdiction because once the ship departs, enforcement may become considerably more difficult.

Accordingly, shipowners facing a payment dispute should obtain legal advice before a scheduled departure if there is a realistic threat of arrest.

Port Charges That May Create Legal Problems

A ship calling at a Turkish port may accumulate multiple categories of charges, including:

• port and harbour dues;
• berth and quay charges;
• pilotage charges;
• towage charges;
• mooring services;
• terminal charges;
• waste reception charges;
• storage-related expenses;
• agency expenses;
• security and operational charges.

The legal classification of each debt is important.

For example, port and pilotage dues may fall within the maritime lien framework, whereas other commercial service charges may instead constitute maritime claims without necessarily enjoying maritime-lien priority.

Therefore, whether a vessel can be arrested and who may be held responsible cannot safely be determined merely from the wording of an invoice.

2026 Port Charge Developments in Turkey

Foreign shipowners should also account for updated maritime service charges applicable during 2026.

The Turkish Directorate General of Maritime Affairs has published updated charges for pilotage, towage, and mooring services applicable between February 1, 2026 and January 31, 2027. The published tariff operates under the applicable directive governing fees for pilotage, towage, and mooring services. (Denizcilik Genel Müdürlüğü)

This is commercially important because disputes frequently arise not only over complete non-payment but also over calculation methods, applicable tariffs, vessel characteristics, additional services, currency calculations, or whether a particular service was actually ordered and performed.

Foreign owners receiving substantial Turkish port invoices should therefore verify the applicable 2026 tariff before accepting liability.

Who Is Responsible for Unpaid Port Charges?

Liability may depend on who ordered the service and the contractual structure surrounding the vessel.

Potential parties may include the:

Shipowner: The registered owner may bear liability depending on the nature of the claim and applicable contract.

Bareboat Charterer: Certain liabilities may arise where operational control has been transferred to a bareboat charterer.

Time Charterer: A time charterer may be contractually responsible for particular port expenses under the charterparty.

Voyage Charterer: Responsibility may depend on the charterparty’s allocation of port costs and voyage expenses.

Ship Manager: Liability may arise in limited circumstances depending on the contractual relationship and the capacity in which services were ordered.

The distinction between personal liability for the debt and the ability to proceed against the vessel is particularly important.

A shipowner may therefore need to examine both Turkish maritime law and the underlying charterparty before deciding whether to pay, provide security, seek indemnification, or challenge the claim.

Can a Port Operator Simply Prevent the Ship from Leaving?

Not every creditor can unilaterally exercise the powers of a court.

A judicial arrest normally requires an application to the competent court and satisfaction of the statutory requirements governing maritime claims and precautionary arrest.

Accordingly, foreign owners should immediately identify the legal source of any restriction.

The key question is whether the vessel is subject to:

a judicial arrest order,
an administrative restriction,
a harbour or port authority measure,
a contractual dispute with a terminal, or
another legally recognized restriction.

These mechanisms have different objection procedures and different consequences.

A verbal statement that a vessel “cannot sail because invoices are unpaid” should therefore be followed by an immediate request for the written legal basis of the restriction.

How Can a Foreign Shipowner Challenge the Detention?

The first step is to obtain all relevant documentation.

This normally includes the arrest order, court file, invoices, tariff calculations, service contracts, port records, agency communications, charterparty provisions, payment records, and correspondence concerning the disputed charges.

The owner should then determine whether the claimant has a legally recognized maritime claim and whether the requirements for arrest have been satisfied.

Possible grounds for challenge may include:

• the debt has already been paid;
• the amount has been incorrectly calculated;
• the claimant lacks standing;
• the claim does not qualify for the remedy sought;
• the wrong vessel has been targeted;
• statutory procedural requirements have not been satisfied;
• adequate security has already been provided;
• the person against whom the claim exists is not legally responsible in the circumstances.

The appropriate objection must be selected according to the particular court order and facts of the case.

Can the Ship Be Released by Providing Security?

Yes. Security is one of the most important practical mechanisms for obtaining the release of an arrested ship.

In international shipping disputes, owners often cannot afford to keep a commercially valuable vessel idle while the underlying debt dispute continues for months or years.

Providing acceptable security may allow the vessel to resume trading while the parties litigate or otherwise resolve the substantive claim.

Depending on the case, security may potentially take the form of cash, bank security, or another form accepted under the applicable procedure.

P&I involvement can also become commercially significant, although the acceptability of any particular undertaking must be assessed in the specific proceedings.

Providing security does not necessarily mean that the shipowner accepts the underlying debt.

The substantive dispute may continue after release.

What If the Arrest Was Wrongful?

A creditor seeking arrest should carefully evaluate whether the statutory conditions exist.

Where an arrest is ultimately determined to have been unjustified, questions concerning damages and liability may arise depending on the circumstances.

Potential losses can be substantial.

A wrongfully arrested commercial vessel may suffer loss of hire, missed fixtures, additional berth costs, crew expenses, bunker costs, cargo claims, contractual penalties, and reputational damage.

For this reason, evidence of losses should be preserved from the first day of detention.

Charterparty Consequences of Ship Detention

Port-charge disputes frequently become charterparty disputes.

If the vessel is detained because expenses allocated to the charterer remain unpaid, the owner may seek reimbursement or indemnification depending on the charterparty.

Conversely, a charterer may argue that the detention resulted from liabilities for which the owner was responsible.

Issues may arise concerning:

off-hire, demurrage, laytime, cancellation rights, indemnities, damages, and termination.

The governing law and dispute-resolution clause of the charterparty should therefore be examined together with the Turkish arrest proceedings.

A Turkish arrest dispute may coexist with arbitration proceedings in London, Singapore, another jurisdiction, or proceedings before Turkish courts.

What Should a Foreign Shipowner Do Immediately?

When a foreign vessel is prevented from departing a Turkish port because of unpaid charges, the owner should act rapidly.

The master and local agent should obtain the written decision or legal basis for the restriction. The relevant invoices and calculations should then be collected and compared with the applicable tariff.

The shipowner should also immediately notify its P&I Club, insurer, technical manager, chartering department, and maritime lawyer where appropriate.

No unnecessary admission of liability should be made before the legal position has been reviewed.

Most importantly, the commercial cost of contesting the debt should be compared with the possibility of obtaining release through security while preserving the right to challenge the underlying claim.

Fırat Fesih Kaya provides legal assistance to foreign shipowners, operators, charterers, shipping companies, managers, and maritime stakeholders facing vessel arrest, detention, port-charge disputes, and maritime enforcement proceedings in Turkey.

Frequently Asked Questions

1. Can a foreign ship be arrested in Turkey for unpaid port charges?

Yes. Where the debt qualifies as a maritime claim and the statutory requirements are satisfied, a foreign vessel may potentially be subject to precautionary arrest in Turkey.

2. Are port dues maritime liens under Turkish law?

Certain port, canal and other waterway dues, together with pilotage dues, are expressly recognized among maritime lien claims under Article 1320 of the Turkish Commercial Code. (Chambers Practice Guides)

3. Can a vessel be released before the underlying debt case is finished?

Potentially, yes. Providing acceptable security can be an important mechanism for obtaining release while the substantive dispute continues.

4. Does providing security mean admitting the debt?

Not necessarily. Security can be provided to obtain the vessel’s release while preserving legal defenses concerning liability and the amount claimed.

5. Can a charterer’s unpaid port charges lead to the arrest of the vessel?

Potentially, but the answer depends on the nature of the maritime claim, the debtor’s relationship with the vessel, the charter structure, and the statutory conditions governing arrest.

6. Can an incorrect port-charge calculation be challenged?

Yes. Owners may challenge disputed calculations where supported by contractual terms, applicable tariffs, service records, payment documents, or other evidence.

7. What are the applicable pilotage and towage charges in Turkey in 2026?

The Directorate General of Maritime Affairs has published the applicable pilotage, towage, and mooring service charges for the period from February 1, 2026 through January 31, 2027. (Denizcilik Genel Müdürlüğü)

8. What should a shipowner do immediately after receiving an arrest order?

The owner should obtain the court decision and underlying documents, identify the claimant and claim, review the legal basis for arrest, preserve evidence, notify relevant insurers or P&I interests, and obtain advice concerning objection and security options.

9. Can a foreign shipowner appoint a Turkish maritime lawyer urgently?

Yes. Maritime arrest proceedings are highly time-sensitive because vessels may remain in port only briefly and detention can generate significant daily losses. Early legal representation can help assess objections, security arrangements, release procedures, and related contractual claims.

Legal Support for Ship Detention and Port Charge Disputes in Turkey

A detained commercial vessel can generate substantial financial losses every day it remains unable to sail. Foreign shipowners and shipping companies facing unpaid port charges, ship arrest proceedings, disputed pilotage or towage fees, or other maritime claims should obtain a case-specific legal assessment as early as possible.

Fırat Fesih Kaya provides legal assistance for foreign shipowners, operators, charterers, managers, P&I interests, and international shipping companies dealing with ship detention, precautionary arrest, maritime liens, port-charge disputes, security arrangements, and vessel-release procedures in Turkey.

Working with an experienced maritime lawyer can help protect procedural rights, challenge unjustified claims, coordinate security and release procedures, and minimize the commercial consequences of vessel detention.

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