Maritime disputes frequently involve international parties, cross-border transactions and assets that may move between different jurisdictions. In this context, arbitration is widely used as a dispute resolution mechanism in maritime transactions, particularly where the parties seek a neutral forum, procedural flexibility and an enforceable decision.
Under Turkish law, maritime claims are subject to a specific legal framework, particularly in relation to the arrest of vessels as a protective measure. The Turkish Commercial Code No. 6102 (“TCC”) contains specific provisions governing maritime claims, ship arrest and the relationship between arbitration proceedings and interim measures.
1. What Is a Maritime Claim?
The concept of a “maritime claim” is specifically defined under Article 1352 of the Turkish Commercial Code. The provision covers a range of claims arising from or relating to the operation, ownership, management and use of vessels and maritime activities.
These claims may include, among others, claims arising from:
- damage caused by the operation of a vessel;
- loss of life or personal injury;
- salvage operations;
- environmental damage;
- wreck removal;
- agreements concerning the use or chartering of a vessel;
- carriage of goods or passengers;
- loss of or damage to cargo;
- construction, repair or maintenance of a vessel;
- port, canal, dock and other maritime services;
- wages and other amounts due to the master and crew;
- commissions, brokerage and agency fees;
- insurance premiums relating to the vessel; and
- disputes concerning the ownership or possession of a vessel.
The classification of a claim as a maritime claim is particularly important because the TCC establishes a special regime for the arrest of vessels in connection with such claims.
2. Arbitration in Maritime Claims
Maritime transactions commonly involve parties from different jurisdictions. Shipowners, charterers, cargo interests, shipyards, insurers, financial institutions and maritime service providers may all be subject to contractual relationships governed by different legal systems.
For this reason, arbitration clauses are frequently incorporated into maritime contracts. Depending on the agreement, the parties may choose an arbitral institution, seat of arbitration, applicable law and procedural rules.
A properly drafted arbitration agreement can provide the parties with a predictable framework for resolving disputes while also facilitating the recognition and enforcement of the resulting arbitral award in other jurisdictions.
However, an arbitration agreement does not necessarily prevent a party from seeking protective measures before a national court where the relevant vessel is located.
3. Can a Vessel Be Arrested Despite an Arbitration Agreement?
Yes. Under Article 1356 of the Turkish Commercial Code, the existence of an arbitration agreement or a jurisdiction clause in favour of a foreign court does not, by itself, prevent the competent Turkish courts from ordering the arrest of a vessel to secure a maritime claim.
Accordingly, even where the merits of the dispute are subject to arbitration or the jurisdiction of a foreign court, Turkish courts may have jurisdiction to order an interim attachment of a vessel in accordance with the specific jurisdictional rules of the TCC.
This distinction is particularly significant in maritime disputes: the arbitral tribunal or foreign court may have jurisdiction over the merits, while the Turkish courts may have jurisdiction over the protective measure concerning a vessel located within the relevant jurisdiction.
4. Ship Arrest and Interim Attachment in Maritime Claims
The arrest of a vessel may serve an important security function for a maritime creditor.
The Turkish Commercial Code contains specific provisions governing ship arrest and the courts competent to order such measures. The regime applies specifically to maritime claims and operates independently, within its statutory limits, from the jurisdiction agreed for the merits of the underlying dispute.
The practical importance of ship arrest is particularly evident in international maritime disputes, where a vessel may be the most significant readily identifiable asset available to secure the claim.
A timely application for ship arrest can therefore play a critical role in preserving the effectiveness of a future judgment or arbitral award.
5. The Competent Court for Turkish-Flagged and Foreign-Flagged Vessels
The TCC establishes specific jurisdictional rules for ship arrest.
For foreign-flagged vessels located in Türkiye, Article 1355 provides that an arrest order may be issued by the court of the place where the vessel is anchored, moored to a buoy or dolphin, berthed or placed in a dry dock.
The applicable jurisdictional rules may differ depending on the vessel’s flag, registration status and location. Therefore, identifying the competent court at the outset is an important element of maritime claim strategy.
6. Ship Arrest After Arbitration Proceedings Have Commenced
The commencement of arbitration does not eliminate the possibility of seeking ship arrest in Türkiye.
Article 1357 of the TCC specifically addresses the situation where proceedings concerning a maritime claim have already been commenced before an arbitral tribunal or a foreign court. In such circumstances, until a final decision is rendered, an application for ship arrest may still be made before the courts having jurisdiction under Articles 1354 and 1355.
This provision is particularly relevant where arbitration is seated outside Türkiye but the vessel enters Turkish waters during the course of the proceedings.
In practice, this may allow a claimant to pursue the merits of the dispute through arbitration while simultaneously seeking security through the Turkish courts.
7. Objections to and Modification of Ship Arrest Orders
The TCC also regulates objections to ship arrest orders and applications for modification or cancellation.
Under Article 1358, the competent court depends, among other matters, on whether proceedings on the merits have commenced in Türkiye, before an arbitral tribunal or before a foreign court.
The relevant court may also consider applications concerning:
- objections to the arrest order;
- claims of ownership or third-party rights;
- increases or reductions in security;
- changes to the form of security; and
- cancellation of the arrest order.
Accordingly, the procedural strategy following an arrest order should be coordinated with the ongoing arbitration or foreign litigation.
8. What Happens to the Merits Where There Is an Arbitration Agreement?
The existence of a ship arrest proceeding before a Turkish court does not necessarily mean that the Turkish court will determine the merits of the underlying maritime dispute.
Where the parties have entered into a valid arbitration agreement, the substantive dispute may remain subject to arbitration in accordance with the parties’ agreement.
This separation between the merits of the dispute and the security measure is one of the most important aspects of maritime dispute resolution in Türkiye.
The Turkish court may therefore be involved in securing the claim through ship arrest, while the arbitral tribunal determines liability, quantum and other substantive issues.
9. Recognition and Enforcement of Foreign Arbitral Awards in Türkiye
International maritime arbitrations frequently result in awards rendered outside Türkiye.
Where an arbitral award needs to be enforced in Türkiye, the applicable recognition and enforcement framework becomes particularly important.
Türkiye is a party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. Türkiye acceded to the Convention on 2 July 1992, and the Convention entered into force for Türkiye on 30 September 1992.
The New York Convention establishes an international framework for the recognition and enforcement of foreign arbitral awards and is a cornerstone of the international arbitration system.
Accordingly, an arbitral award rendered abroad may, subject to the applicable legal requirements, be recognised and enforced in Türkiye.
10. Enforcement in Türkiye Following Ship Arrest
The relationship between ship arrest and enforcement of a foreign arbitral award can be particularly significant in maritime disputes.
The Turkish Commercial Code contains special provisions concerning the enforcement in Türkiye of foreign court judgments and foreign arbitral awards relating to maritime claims where a ship arrest has been obtained in Türkiye.
This mechanism may become relevant where the creditor has secured the maritime claim through an arrest order and subsequently seeks to enforce the final foreign judgment or arbitral award in Türkiye.
Consequently, maritime creditors should consider the enforcement stage from the outset rather than treating ship arrest, arbitration and enforcement as entirely separate proceedings.
11. Key Considerations When Drafting a Maritime Arbitration Clause
A maritime arbitration clause should be drafted with careful consideration of the potential jurisdictions and assets involved.
Depending on the transaction, the parties should consider, among other matters:
Seat of arbitration
The seat determines the procedural framework applicable to the arbitration and may affect the supervisory jurisdiction of the courts.
Arbitral institution and rules
The parties should clearly identify the institution and arbitration rules governing the proceedings where institutional arbitration is intended.
Applicable law
The governing law of the underlying contract should be expressly determined where appropriate.
Scope of the arbitration agreement
The clause should clearly define which disputes are intended to be referred to arbitration.
Interim measures and ship arrest
Where vessels may enter Turkish waters, the parties should consider the interaction between the arbitration agreement and the Turkish legal regime governing ship arrest.
Recognition and enforcement
The enforceability of the future award in jurisdictions where the counterparty or its assets are located should be considered at the contract-drafting stage.
A carefully structured arbitration clause can reduce jurisdictional uncertainty and help prevent procedural disputes at a later stage.
12. The Importance of a Coordinated Legal Strategy in Maritime Claims
Maritime disputes often require action across multiple jurisdictions and legal systems.
A claimant may need to:
- identify whether the claim qualifies as a maritime claim;
- determine where the relevant vessel is located;
- establish the competent court for ship arrest;
- assess the effect of any arbitration or jurisdiction clause;
- commence or continue arbitration proceedings;
- obtain and maintain appropriate security;
- obtain the final arbitral award; and
- pursue recognition and enforcement against assets located in Türkiye or elsewhere.
These steps should not be considered independently. The timing and coordination of each proceeding may directly affect the creditor’s ability to secure and ultimately recover the claim.
For this reason, maritime arbitration matters require an integrated approach combining maritime law, arbitration, interim measures and cross-border enforcement.
13. Conclusion
Maritime arbitration provides an effective framework for resolving disputes arising from international maritime transactions. However, the effectiveness of an arbitral process may depend not only on the merits of the claim but also on the creditor’s ability to secure and enforce the eventual award.
Under Turkish law, the specific regime governing maritime claims and ship arrest provides an important procedural mechanism for securing maritime claims, including in circumstances where the merits of the dispute are subject to arbitration or the jurisdiction of a foreign court.
The interaction between maritime claims, arbitration, ship arrest and enforcement therefore requires careful assessment from the beginning of the dispute.
Manyas & Partners advises clients on maritime disputes, maritime claims, arbitration proceedings, ship arrest applications and cross-border enforcement matters, providing strategic legal support throughout the dispute resolution process.e uyuşmazlık çözüm hizmetleri sunmaktadır.
