A vessel in a Turkish port is arrested by an order of the commercial court of the place where she lies, executed by the enforcement office of the same place. From the first message to a vessel that cannot sail, the sequence is fixed by the Turkish Commercial Code; what varies is how quickly the claimant can put the documents, the power of attorney and the security together.
Who can apply?
Anyone with a maritime claim — a claim arising from one of the matters listed in art. 1352 of the Turkish Commercial Code: unpaid bunkers, stores and repairs, port and pilotage dues, crew wages, cargo loss or damage, charter and carriage contracts, salvage, general average, collision and other damage caused by the vessel's operation, insurance premiums, agency and brokerage fees, mortgages, and disputes over ownership, possession or the sale of the vessel. The claim being on that list is the ground for arrest; nothing more has to be shown about the debtor's conduct (TCC art. 1353(4)). Claims outside the list cannot ground an arrest (TCC art. 1353(3)).
The vessel connected with the claim can be arrested if the person liable owned her when the claim arose and still owns her, or was her bareboat charterer then and owns her now, or the claim is secured by a mortgage on her, or the dispute is about her ownership or possession, or the claim carries a maritime lien (TCC art. 1369(1)). A sister ship — another vessel owned by the person liable — can be arrested if that person was the owner or the bareboat, time or voyage charterer of the vessel concerned when the claim arose (TCC art. 1369(2)).
Step by step
- Send the vessel details. Vessel name, IMO number, flag, the port and the berth or anchorage, and what the claim is. The court's competence and the enforcement office follow from where she lies (TCC arts 1354–1355), so this is the first thing we check.
- Conflict check and fee proposal. We confirm that we can act, tell you which court is competent and set out our fee, the court and enforcement fees, and the security the court will require.
- Power of attorney. A power of attorney in the form Turkish courts accept: notarised abroad and apostilled, or issued at a Turkish consulate. We send the template with the wording the court needs. Where time is critical the application can be prepared in parallel.
- Application to the court. The petition goes to the commercial court of the place where the vessel lies, with evidence that satisfies the court that the claim is a maritime claim and of its amount (TCC art. 1362), and with the claimant's security of 10,000 SDR (TCC art. 1363). The court can decide without hearing the owner; the owner may then object to the same court (TCC art. 1358). A Turkish court is competent even if the contract provides for arbitration or a foreign court, or foreign law applies (TCC art. 1356).
- Execution at the port. Within three business days of the order we ask the enforcement office to execute it — miss that and the order lapses by itself (TCC art. 1364). The office acts immediately, at night and on holidays if need be (TCC art. 1365): the officer bars the vessel from sailing, serves the master or owner, leaves her with them as custodian, and notifies the coast guard or police, the harbour master and customs at once, then the registry and the flag state's nearest consulate on the next business day (TCC art. 1366). A foreign-flagged vessel that has already sailed can still be arrested with coast guard assistance until she leaves Turkish territorial waters (TCC art. 1367).
- Release against security. The owner can free the vessel by depositing her value or providing a real-estate mortgage, a ship mortgage or a bank guarantee accepted by the enforcement officer (TCC art. 1370), or by applying to the court to lift the arrest against security for the whole claim, interest and costs, capped at the vessel's value (TCC art. 1371). Type and amount can be agreed between the parties (TCC art. 1372); giving security admits nothing (TCC art. 1373).
- Proceedings on the merits. Within one month of execution the claimant must start enforcement or a court action, otherwise the arrest falls away (TCC art. 1376, applying art. 264 of the Enforcement and Bankruptcy Law). Absent an agreed forum, the arrest court hears the action (TCC art. 1359).
What does the court ask for?
Evidence that the claim is a maritime claim and of its amount (TCC art. 1362), a power of attorney, and the security. The Code does not require the claim to be proved in full at this stage; it requires enough to satisfy the court. The documents below are what does that in practice.
| Document | Why the court asks for it |
|---|---|
| Contract, order confirmation or bill of lading | Shows the claim arises from a matter listed in art. 1352 — a supply, a repair, a carriage or charter contract, a mortgage. |
| Invoices, statements and delivery notes | Establish the money value of the claim (art. 1362) and identify the vessel and the debtor. |
| Correspondence showing the sum is due and unpaid | Confirms the claim has fallen due; a claim not yet due needs the special conditions of art. 257(2) of the Enforcement and Bankruptcy Law (TCC art. 1353(5)). |
| Company documents and signatory details | Identify the claimant and the person signing the power of attorney. |
| Power of attorney | Authorises us to file and to receive the order; the court will not accept the application without it. |
| Security of 10,000 SDR | Mandatory for every applicant except seafarers claiming wages (TCC art. 1363). |
What can go wrong?
Three things, all avoidable. The order is not taken to the enforcement office within three business days (TCC art. 1364). The owner obtains an increase of the claimant's security and the additional amount is not lodged in time, so the order lapses (TCC art. 1363(2)). Or the one-month period for starting proceedings on the merits is missed (TCC art. 1376). Each of these ends the arrest without any decision on the claim.
Updates to this guide
17 September 2026
Rewritten against the text of TCC arts 1352–1376; sister ships, execution and release sections added.
12 September 2026
First published.
Questions readers ask
Can the vessel sail while the application is pending?
Yes. Nothing restrains a vessel until an order exists and has been executed; that is why the vessel details matter more than a complete file. Once the order is made, execution is immediate — at night and on public holidays too (TCC art. 1365) — and a foreign-flagged vessel that has sailed can still be arrested with coast guard help until she leaves Turkish territorial waters (TCC art. 1367).
What if the owner offers a bank guarantee?
The vessel is released against a deposit of her value or a real-estate mortgage, a ship mortgage or a reputable bank guarantee accepted by the enforcement officer (TCC art. 1370), or against security for the whole claim, interest and costs on application to the court (TCC art. 1371). The parties may agree any type and amount (TCC art. 1372). A P&I club letter is not on the statutory list; it works only if the claimant accepts it.
Does the arrest decide the claim?
No. It secures the claim. The claimant must start enforcement or a court action within one month of execution (TCC art. 1376); unless another forum or arbitration was agreed, the arrest court hears the action (TCC art. 1359). A foreign judgment or arbitral award can be enforced by the same court while the vessel or the security is within its reach (TCC art. 1360).