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Ship arrest in Türkiye

Arrest and release of vessels in Turkish ports: which claims qualify, what the court asks for, how the enforcement office executes, and what to send us now. Practice areas are listed; no claim of specialisation is made.

Written forShipowners and managers · Creditors and suppliers · Charterers · Cargo interests · Crew · Yacht owners

Articles cited checked against the official text of the legislation · 17 September 2026

Ship arrest
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What is a ship arrest in Türkiye?Padlock and chain

  • A ship arrest in Türkiye is a court order that stops a vessel sailing so that a maritime claim is secured before it is decided.
  • A Turkish court can order the arrest even if the contract points to arbitration or a foreign court, and even if foreign law governs the claim (TCC art. 1356).
Read the full section
In brief
  • Arrest is the only interim measure Turkish law allows against a vessel for a maritime claim (TCC art. 1353).
  • Two conditions: the claim is on the Code's list (TCC art. 1352) and the vessel is in a Turkish port or anchorage (TCC art. 1355). No separate "risk" needs to be shown.
  • An arbitration clause or a foreign jurisdiction clause does not stop a Turkish arrest (TCC art. 1356).
  • The claimant lodges 10,000 SDR security; the order must reach the enforcement office within three business days; the merits must be started within a month.

A ship arrest in Türkiye is a court order that stops a vessel sailing so that a maritime claim is secured before it is decided. It is the only interim measure Turkish law allows against a vessel for such a claim: no injunction and no other order preventing the vessel from sailing can be sought (Turkish Commercial Code, art. 1353).

10,000 SDRsecurity the claimant lodges with the application; seafarers claiming wages are exempt (TCC art. 1363)
3 business daysfrom the order to the request for execution at the enforcement office, or the order lapses (TCC art. 1364)
1 monthfrom execution to start proceedings on the merits, or the arrest falls away (TCC art. 1376)

Two things decide everything.

  1. The claim must be one of the maritime claims listed in the Code — unpaid bunkers and supplies, crew wages, cargo damage, charter and freight disputes, salvage, collision damage, port dues, mortgages and disputes over ownership, among others (TCC art. 1352). That the claim is on the list is, by itself, the ground for arrest; no further "risk" needs to be shown (TCC art. 1353(4)).
  2. The vessel must be in a Turkish port or anchorage. For a foreign-flagged vessel only the court of the place where she is anchored, moored to a buoy, berthed or on a slipway can order the arrest (TCC art. 1355).

A Turkish court can order the arrest even if the contract points to arbitration or a foreign court, and even if foreign law governs the claim (TCC art. 1356). If proceedings on the merits are already pending abroad or before arbitrators, the arrest is still sought from the Turkish court of the port until a final award or judgment (TCC art. 1357(2)).

Where the vessel is mattersThe port decides the court and the enforcement office. Once the order is made, execution must be requested from the enforcement office within three business days, or the order lapses of its own accord (TCC art. 1364). We file in Istanbul directly; at other ports we attend through correspondent counsel and run the file from Istanbul.

Which claims qualify?Sheaf of invoices

  • The Code defines a "maritime claim" as a claim arising from one or more of the matters it lists (TCC art. 1352).
  • A claim that is not on the list cannot ground an arrest (TCC art. 1353(3)).
  • In an ownership or possession dispute only the vessel in dispute can be arrested (TCC art. 1369(3)).
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The Code defines a "maritime claim" as a claim arising from one or more of the matters it lists (TCC art. 1352). In everyday terms the list covers:

  • Money owed for the vessel: bunkers, stores, provisions, equipment and containers supplied for her operation, management or maintenance; repair, conversion and building work; port, canal, dock, pilotage and quarantine dues; towage; insurance premiums and P&I calls; commissions, brokerage and agency fees; and advances made on the vessel's or the owner's account, including loans for the vessel.
  • Contracts of use and carriage: any contract for the use or hire of the vessel, and any contract for the carriage of goods or passengers, whether or not a charter party was signed.
  • Cargo and people: loss of or damage to goods carried, including baggage; loss of life or personal injury connected with the vessel's operation.
  • Casualties: loss or damage caused by the operation of the vessel; salvage and salvage contracts, including special compensation for a vessel threatening the environment; general average; environmental damage or the threat of it and the cost of preventive measures; wreck raising, removal and destruction.
  • Crew: wages and other sums due to seafarers for their service on board, including repatriation costs and social insurance contributions.
  • Title and security: ship mortgages and similar charges; disputes over ownership or possession; disputes between co-owners about the vessel's operation or earnings; and disputes under a contract for the sale of the vessel.

A claim that is not on the list cannot ground an arrest (TCC art. 1353(3)). A claim that is not yet due can ground an arrest only in the narrow cases of art. 257(2) of the Enforcement and Bankruptcy Law — where the debtor has no fixed residence, or is hiding or removing assets, preparing to flee or acting fraudulently against the creditor (TCC art. 1353(5)).

Which vessel can be arrested?

The vessel to which the claim relates can be arrested in five cases (TCC art. 1369(1)):

  • the person liable owned her when the claim arose and still owns her at the time of arrest;
  • the person liable was her bareboat charterer when the claim arose and now owns her;
  • the claim is secured by a ship mortgage or similar charge on her;
  • the dispute is about her ownership or possession;
  • the claim carries a maritime lien under TCC art. 1320.
sister shipTCC art. 1369(2)
Another vessel belonging to 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.

In an ownership or possession dispute only the vessel in dispute can be arrested (TCC art. 1369(3)).

How does the procedure work?Courthouse

  • The application goes to the commercial court of the place where the vessel lies.
  • The arrest also catches the income the debtor earns from operating the vessel, and the enforcement office takes whatever steps are needed for her management, maintenance and protection while she is held (TCC art. 1368).
Read the full section

Four legs, in this order. The clock starts when we have the vessel details, not when the papers are perfect.

  1. 01

    Send the vessel details

    Vessel name, IMO number, current port and the nature of the claim.

  2. 02

    Conflict check and fee proposal

    We confirm that we can act and set out the fee and the documents needed.

  3. 03

    Instruction and power of attorney

    A notarised or consular power of attorney; we send the template.

  4. 04

    Filing and attendance

    Application to the competent court and attendance at the port.

What we file

The application goes to the commercial court of the place where the vessel lies. It is enough to put before the court evidence that satisfies it that the claim is a maritime claim under art. 1352 and of its money value (TCC art. 1362): the contract or bill of lading, invoices and statements, and the correspondence showing the sum is due and unpaid.

The court can decide in the owner's absence; the owner may then object to the court that made the order, and that court also deals with requests to vary the order and to increase, reduce, change or cancel the securities lodged by either side (TCC art. 1358).

Execution at the port

The office executes immediately on request, and it may do so at night and on public holidays.TCC art. 1365
  1. Order to enforcement office. With the order in hand we go to the enforcement office within the three-business-day limit (TCC art. 1364).
  2. Vessel barred and taken into custody. The enforcement officer bars the vessel from sailing and takes her into custody whatever her flag or registry, serves the master, owner or operator, and leaves the vessel with the person served as custodian, who is reminded of the criminal liability that attaches to a breach of custody (TCC art. 1366(1)).
  3. Notifications. The officer notifies the coast guard or police, the harbour master and customs at once, and on the next business day the vessel's registry and, for a foreign-flagged vessel, the nearest consulate of the flag state (TCC art. 1366(3)–(4)).
  4. If she has already sailed. The order against a foreign-flagged vessel can be enforced with the help of the coast guard until she leaves Turkish territorial waters (TCC art. 1367).

The arrest also catches the income the debtor earns from operating the vessel, and the enforcement office takes whatever steps are needed for her management, maintenance and protection while she is held (TCC art. 1368).

What does the court ask for?Strongbox with key

  • Three things: evidence of the claim, security from the claimant, and speed.
  • A claimant who asks for an arrest must lodge security of 10,000 Special Drawing Rights (TCC art. 1363(1)).
  • Our guide on security for a ship arrest explains how this works in practice.
Read the full section

Three things: evidence of the claim, security from the claimant, and speed.

Security from the claimant

A claimant who asks for an arrest must lodge security of 10,000 Special Drawing Rights (TCC art. 1363(1)). What happens to that sum afterwards:

  • The owner may ask for more. The owner may ask the same court, at any stage, to increase it; in deciding, the court looks at the vessel's daily running costs while she is held and the earnings lost because of the arrest. If the court orders an increase and the additional sum is not lodged within the time it sets, the arrest order lapses automatically (TCC art. 1363(2)).
  • Seafarers are exempt. Seafarers claiming wages and other sums due for their service, who hold a maritime lien under art. 1320(1)(a), are exempt from lodging security (TCC art. 1363(3)).
  • The claimant may ask for less. The claimant may ask for the amount to be reduced (TCC art. 1363(4)).

Our guide on security for a ship arrest explains how this works in practice.

How long does it take?

The application is decided on the papers, without a hearing of the owner, so the time is set by how fast the documents, the power of attorney and the security can be put together.

StageTimeRule
ApplicationDecided on the papers, no hearing of the ownerTCC art. 1358
Order → enforcement officeWithin three business days — the one hard deadline on the claimant's sideTCC art. 1364
ExecutionImmediately, at night and on holidays if need beTCC art. 1365
Proceedings on the meritsWithin one month of execution — an enforcement request or a court action — otherwise the arrest falls awayTCC art. 1376, applying art. 264 of the Enforcement and Bankruptcy Law

Can the vessel be released?

Yes, and usually quickly. There are three routes:

  1. Security to the enforcement officer. The vessel is released to the debtor, or to the third party holding her, against a deposit of her value, or a real-estate mortgage, a ship mortgage or a reputable bank guarantee accepted by the enforcement officer; the arrest continues over the security (TCC art. 1370).
  2. Application to the court. The owner or debtor may apply to the court to lift the arrest against sufficient security for the whole claim, interest and costs, capped at the vessel's value (TCC art. 1371).
  3. Agreed security. The type and amount of the security can be agreed freely between the claimant and the owner or operator (TCC art. 1372) — which is how a P&I club letter of undertaking comes into play: it is not on the statutory list, so it works only where the claimant accepts it.

Giving security is not an admission of liability, nor a waiver of any defence or of the right to limit liability (TCC art. 1373), and whoever gave it may apply at any time to reduce, change or cancel it (TCC art. 1374).

FigureShip arrest in Türkiye — the clock
  1. CourthouseApplication decided on the papersTCC arts 1358, 1362
  2. HourglassThree business days to the enforcement officeTCC art. 1364
  3. Padlock and chainExecution at the port, at once — nights and holidays tooTCC art. 1365
  4. Strongbox with keyRelease against securityTCC arts 1370–1372
  5. ScalesProceedings on the merits within one monthTCC art. 1376

The four legs of the instruction are above; this is the statutory clock that runs once the papers are in.

After the arrestOpen shackle

  • The arrest secures the claim; it does not decide it.
  • The court that ordered the arrest also hears the owner's claim for damages against a claimant whose arrest proves unjustified; if proceedings on the merits are pending in Türkiye or abroad, their outcome is awaited first (TCC art. 1361).
  • The lien lapses one year after the claim arose unless the vessel is arrested within that year and sold in enforcement (TCC art. 1326).
Read the full section

The arrest secures the claim; it does not decide it. Within one month of execution the claimant must start proceedings on the merits (TCC art. 1376). Unless the parties have agreed on another forum or on arbitration, the court that ordered the arrest hears the action and the enforcement office that executed it conducts the enforcement (TCC art. 1359). A foreign judgment or arbitral award on the claim can be enforced by the arrest court while the vessel is within its district or the release security is held by the court (TCC art. 1360).

Wrongful arrest

The court that ordered the arrest also hears the owner's claim for damages against a claimant whose arrest proves unjustified; if proceedings on the merits are pending in Türkiye or abroad, their outcome is awaited first (TCC art. 1361). The claimant's security under art. 1363 is what answers such a claim, which is why the owner can ask for it to be increased to reflect the vessel's running costs and lost earnings.

Re-arrest and sale

A vessel that has been arrested and released, or for which security has been given, cannot normally be arrested again for the same claim; the exceptions are a first security that is insufficient in type or amount, a security provider who fails, and a release the claimant could not reasonably prevent (TCC art. 1375).

  • Forced sale. If the claim is not paid, a registered vessel is sold by the enforcement office under the rules that apply to the forced sale of immovable property, an unregistered vessel under the rules for movables (TCC art. 1383).
  • Early sale. An early sale can be ordered where the vessel's value is falling fast or her upkeep is costly, or where she or her cargo endangers people, property or the environment (TCC art. 1386).

Maritime liens

gemi alacağımaritime lien — TCC arts 1320, 1321, 1323
A claim secured on the vessel herself: it follows her into any hands and ranks ahead of every mortgage.

The claims that carry it:

  • crew wages and repatriation;
  • death and personal injury connected with the vessel's operation;
  • salvage;
  • port, canal, quarantine and pilotage dues;
  • tort claims for property damage caused by the vessel's operation.

The lien lapses one year after the claim arose unless the vessel is arrested within that year and sold in enforcement (TCC art. 1326). For an unpaid crew this is the strongest position a creditor can have.

Documents we need from you

  • Vessel name, IMO number, flag and where she is now (berth or anchorage)
  • The contract, order confirmation or bill of lading behind the claim
  • Invoices, statements of account and delivery notes
  • Correspondence showing the sum is due and unpaid
  • Company documents and signatory details of the claimant
  • Power of attorney in the form Turkish courts accept — we send the template
  • Funds or a bank letter for the 10,000 SDR security (TCC art. 1363)

Common questions

Can a foreign-flagged vessel be arrested in a Turkish port?

Yes. The enforcement officer detains every vessel the court has ordered arrested, whatever her flag or registry (TCC art. 1366). For a foreign-flagged vessel the application goes only to the court of the place where she is anchored, moored, berthed or slipped (TCC art. 1355), and the nearest consulate of the flag state is notified on the business day after execution (TCC art. 1366(4)).

What happens if the vessel is about to sail?

Until an order exists nothing stops her, which is why the vessel details matter more than a complete file. Once the order is made the enforcement office executes it immediately, at night and on public holidays if necessary (TCC art. 1365). If she has already sailed, an order against a foreign-flagged vessel can be enforced with the help of the coast guard until she leaves Turkish territorial waters (TCC art. 1367).

Who pays the costs of the arrest?

The claimant lodges the security of 10,000 SDR (TCC art. 1363) and pays the court and enforcement fees to start; these are advanced, not lost. The maritime lien and the arrest secure principal, interest and the costs of enforcement and proceedings (TCC art. 1322). If the arrest proves unjustified, the owner's damages are claimed against the claimant before the arrest court (TCC art. 1361). Our own fee is set out in the fee proposal after the conflict check.

Can the owner claim damages for a wrongful arrest?

Yes. The court that ordered the arrest hears the owner's damages claim against a claimant whose arrest proves unjustified; where proceedings on the merits are pending, their outcome is awaited first (TCC art. 1361). The owner can also ask that court at any stage to increase the claimant's security to reflect the vessel's daily running costs and lost earnings (TCC art. 1363(2)).

Ports where we attend

Where the vessel is decides the court, the enforcement office and the timing. Istanbul directly; other ports through correspondent counsel.

Vessel in a Turkish port? Send the name, IMO number and port.