Attorney Bilal Alyar | Istanbul Bar Association, Reg. No: 54965 | Last Updated: March 2026

Turkey’s strategic position controlling the Turkish Straits (Bosphorus and Dardanelles) — one of the world’s most critical maritime chokepoints with over 40,000 vessel transits annually — and its extensive coastline along the Black Sea, Aegean, and Mediterranean make maritime law a significant area of Turkish legal practice. The Turkish Commercial Code (TTK, Law No. 6102, Book Five: Maritime Commerce) provides the domestic legal framework, supplemented by Turkey’s ratification of major international maritime conventions. This guide by Attorney Bilal Alyar covers the key aspects of maritime and shipping law in Turkey for 2026.

Turkish Maritime Code: Book Five of the TTK

Maritime commerce in Turkey is governed primarily by Book Five of the Turkish Commercial Code (TTK Articles 931-1400), which came into force on July 1, 2012. This book replaced the previous maritime code and brought Turkish law into closer alignment with international maritime conventions. Key sections cover: ship ownership and registration (Articles 931-998), maritime liens and mortgages (Articles 999-1082), carriage of goods by sea (Articles 1138-1272), charter parties (Articles 1119-1137), marine insurance (Articles 1401-1462), and collision and salvage (Articles 1286-1320).

Turkey is a party to numerous international maritime conventions including: the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Hague-Visby Rules), the Convention on Limitation of Liability for Maritime Claims (LLMC 1976 and 1996 Protocol), the International Convention on Salvage (1989), the International Convention on Civil Liability for Oil Pollution Damage (CLC 1992), and the Nairobi International Convention on the Removal of Wrecks (2007). These conventions, once ratified, become part of Turkish domestic law and prevail over conflicting provisions of the TTK.

Ship Registration in Turkey

Turkey maintains two ship registries: the National Ship Registry (Milli Gemi Sicili) for Turkish-flagged vessels and the Turkish International Ship Registry (TUGS — Türk Uluslararası Gemi Sicili) established by Law No. 4490 for international trade vessels. The TUGS registry offers significant tax advantages: income from international shipping operations is exempt from corporate income tax, crew employed on TUGS-registered vessels are exempt from income tax and social security contributions, and value-added tax exemptions apply to ship supplies and maintenance. To register on TUGS, the vessel must be owned by a Turkish national or a Turkish company (with certain foreign ownership structures permitted), and the vessel must be engaged in international trade. Coastal shipping (cabotage) is reserved for vessels on the National Registry under the Cabotage Law (Law No. 815).

Ship Arrest in Turkey

Turkey is a party to the International Convention Relating to the Arrest of Sea-Going Ships (1952) and its implementing provisions in the TTK. A ship can be arrested in Turkey to secure a maritime claim, including: cargo damage or loss, collision, salvage, maritime liens, mortgage enforcement, crew wages, port dues, and ship repair/supply claims. The arrest procedure involves: filing a petition with the competent Commercial Court (Asliye Ticaret Mahkemesi) at the port where the ship is located, demonstrating a prima facie maritime claim, and providing security (counter-guarantee) if required by the court. Turkish courts can arrest a ship within hours in urgent cases — same-day arrest orders are common when the application is properly prepared. The ship owner can obtain release by providing adequate counter-security (typically a P&I Club letter of undertaking or a bank guarantee).

Cargo Claims Under Turkish Law

Cargo damage and loss claims are governed by TTK Articles 1138-1272, which largely incorporate the Hague-Visby Rules. Key provisions include: the carrier’s liability period runs from loading to discharge (tackle-to-tackle), the per-package limitation is 666.67 SDR (or 2 SDR per kilogram of gross weight, whichever is higher), the time bar for cargo claims is one year from delivery (or from the date delivery should have occurred), and the carrier can invoke defenses including navigational error, fire, perils of the sea, and inherent vice of the goods. Turkish courts have a well-developed body of case law on cargo claims, with the Istanbul Maritime Commercial Courts being the primary forum.

Charter Party Disputes

Turkish law recognizes three types of charter: voyage charter (sefer çarteri), time charter (zaman çarteri), and bareboat charter (çıplak gemi kirası). Charter party disputes — including hire/freight payment, off-hire, speed/consumption claims, and safe port issues — are commonly resolved through London or Istanbul arbitration, depending on the arbitration clause. For disputes subject to Turkish law, TTK Articles 1119-1137 apply. The Istanbul Arbitration Centre (ISTAC) has specialized maritime arbitration capabilities and is increasingly popular as a regional alternative to London. Import-export businesses frequently encounter charter party issues, particularly in bulk commodity trades.

Marine Insurance

Marine insurance in Turkey is regulated by TTK Book Five (Articles 1401-1462) and the Insurance Law (Law No. 5684). Key types include: hull and machinery insurance (covering physical damage to the vessel), protection and indemnity (P&I) insurance (third-party liability through P&I Clubs — most Turkish shipowners are members of International Group clubs), cargo insurance (covering goods in transit, with Institute Cargo Clauses commonly applied), and freight, demurrage, and defense (FD&D) insurance. Turkish law applies the principle of utmost good faith (azami iyi niyet) in marine insurance contracts, requiring full disclosure of material facts. Non-disclosure or misrepresentation can void the policy — a critical concern for ship owners and cargo interests.

Istanbul Strait Regulations

The Montreux Convention (1936) governs the passage of vessels through the Turkish Straits (Bosphorus and Dardanelles). Commercial vessels enjoy freedom of passage, though Turkey has implemented the Turkish Straits Maritime Traffic Regulations to manage safety in this congested waterway. Regulations include: vessel traffic services (VTS), pilotage requirements (compulsory for vessels over 200 meters), special transit procedures for hazardous cargo, and nighttime transit restrictions for certain vessel categories. With the proposed Istanbul Canal (Kanal İstanbul) project, additional regulatory frameworks may emerge — though the project timeline remains uncertain.

Frequently Asked Questions

Which court handles maritime disputes in Turkey?

Maritime commercial disputes fall under the jurisdiction of the Commercial Courts (Asliye Ticaret Mahkemesi). Istanbul has specialized maritime chambers within its commercial courts, benefiting from judges with maritime law experience. For international disputes, the Istanbul Arbitration Centre (ISTAC) offers maritime arbitration with English-language proceedings. Many international shipping contracts specify London arbitration (LMAA), which is also enforceable in Turkey under the New York Convention.

Can foreign nationals own ships under the Turkish flag?

Indirectly, yes. A Turkish-registered company (AŞ or LTD) with foreign shareholders can own and register vessels on both the National Registry and TUGS. There is no restriction on foreign ownership of the Turkish company itself. This structure is commonly used by international shipping groups to access TUGS tax benefits.

What are the penalties for environmental pollution by ships in Turkish waters?

Turkey imposes strict liability for marine pollution under the Environmental Law (Law No. 2872) and the CLC Convention. Penalties include: administrative fines (significant and increasing annually), clean-up cost liability, environmental damage compensation, and potential criminal prosecution for negligent or intentional pollution. The Maritime Coordination Centre monitors Turkish waters using AIS, satellite surveillance, and aerial patrols.

Ship Arrest in Turkey: Detailed Procedure

Turkey is one of the world’s most efficient jurisdictions for ship arrest, with same-day arrest orders possible in urgent cases. The procedure: Filing: The claimant files a petition (ihtiyati haciz talebi) with the Commercial Court (Asliye Ticaret Mahkemesi) at the port where the ship is currently located or expected to arrive. The petition must: identify the vessel (name, flag, IMO number), describe the maritime claim (cargo damage, collision, crew wages, salvage, etc.), demonstrate prima facie evidence of the claim, and state the estimated claim value. Court Decision: The judge can issue an arrest order ex parte (without hearing the ship owner) in urgent cases — which is standard for ship arrest. The entire process from filing to order can take as little as 2-4 hours. Execution: The court bailiff (icra müdürü) and port authority execute the arrest by: notifying the ship’s master, placing a physical notice of arrest on the vessel, instructing the port authority to prevent departure, and if necessary, posting a guard. Counter-Security: The ship owner can obtain release by providing adequate counter-security: a P&I Club letter of undertaking (most common — accepted by Turkish courts), a bank guarantee from a Turkish bank, or a cash deposit with the court.

Cargo Claims: Hague-Visby Rules in Turkey

International cargo claims in Turkey are governed by TTK Book Five, which largely incorporates the Hague-Visby Rules. Key provisions: Liability Period: The carrier’s liability runs from loading to discharge (tackle-to-tackle). The carrier is liable for loss, damage, or delay unless they prove: the damage resulted from a navigational error or fire not caused by the carrier’s actual fault, or the damage resulted from one of the enumerated defenses (perils of the sea, act of God, act of war, inherent vice, etc.). Limitation: Per-package limitation: 666.67 SDR per package or unit, or 2 SDR per kilogram of gross weight, whichever is higher. The claimant can break the limitation by proving the carrier’s intentional or reckless conduct. Time Bar: 1 year from delivery (or from the date delivery should have occurred). This is a strict limitation — claims not filed within 1 year are time-barred. However, the parties can agree to extend the time bar (typically through a time-bar extension agreement exchanged between lawyers or P&I Clubs). Notice Requirements: Written notice of loss or damage must be given to the carrier: at the time of delivery for visible damage, and within 3 days of delivery for non-apparent damage. Failure to give timely notice creates a presumption (rebuttable) that the goods were delivered in good condition.

Turkish International Ship Registry (TUGS)

The Turkish International Ship Registry (TUGS — Türk Uluslararası Gemi Sicili), established by Law No. 4490, offers significant fiscal advantages for international shipping operations: Tax Benefits: Income from international shipping operations of TUGS-registered vessels is EXEMPT from corporate income tax (Kurumlar Vergisi). Crew employed on TUGS-registered vessels are exempt from income tax (Gelir Vergisi) and social security contributions (SGK). VAT exemptions apply to: ship supplies and provisions loaded in Turkish ports, ship repair and maintenance services, and ship chandlery and brokerage services. Registration Requirements: The vessel must be owned by a Turkish national or a Turkish company (foreign shareholders permitted). The vessel must be engaged in international trade (cabotage — coastal shipping within Turkey — is reserved for National Registry vessels under the Cabotage Law No. 815). Minimum fleet quality standards apply (age, class, condition). Competitive Positioning: TUGS registration positions Turkey as an alternative to traditional open registries (Panama, Liberia, Marshall Islands) for ship owners who want: a flag state with NATO membership and EU Customs Union access, tax efficiency comparable to open registries, and the ability to maintain a Turkish corporate structure for their fleet.

Istanbul Strait Transit: Regulatory Framework

The Turkish Straits (Bosphorus and Dardanelles) are among the world’s busiest and most dangerous waterways, with 40,000+ vessel transits annually. The regulatory framework: Montreux Convention (1936): Guarantees freedom of commercial transit through the Straits. Turkey cannot charge transit fees for commercial vessels or deny passage except in wartime. Turkish Straits Maritime Traffic Regulations: Implemented by Turkey to manage safety: vessel traffic services (VTS) monitoring all transit vessels, mandatory pilotage for vessels over 200 meters length, special transit procedures for vessels carrying hazardous cargo (petroleum, LPG, chemicals), nighttime transit restrictions for certain vessel categories, one-way traffic system during large vessel passage, and speed restrictions (maximum 10 knots in the Bosphorus). Kanal İstanbul: The proposed Istanbul Canal would create an alternative waterway from the Black Sea to the Sea of Marmara, bypassing the Bosphorus. If completed, it could change the regulatory landscape — the canal would not be subject to the Montreux Convention, allowing Turkey to set transit fees and impose additional regulations. However, the project timeline and viability remain uncertain.

Frequently Asked Questions

Which court handles maritime disputes in Turkey?

Maritime commercial disputes: Asliye Ticaret Mahkemesi (Commercial Court). Istanbul has specialized maritime chambers with experienced judges. For international disputes, ISTAC arbitration and London arbitration (LMAA) are common alternatives. The New York Convention ensures enforceability of foreign arbitral awards in Turkey.

What is the time limit for filing a ship arrest?

There is no strict time limit for arrest — the claim must be within the applicable statute of limitations for the underlying claim (e.g., 1 year for cargo claims, 2 years for collision). However, speed is essential as ships move between ports. Turkish courts can issue arrest orders within hours of filing, making Turkey one of the fastest jurisdictions for ship arrest globally.