Disputes arising at sea — carriage contracts, cargo damage, collision and salvage — together with maritime claims and ship arrest proceedings.
Maritime law governs carriage by sea and claims arising at sea; the principal text in Türkiye is Book Five of the Turkish Commercial Code No. 6102. What defines the field is that the time limits are short and most of them extinguish the right itself: notice of cargo damage is counted in days, and claims under a contract of carriage are subject to a one-year limitation period. What is established and notified in the first days of a file shapes every step that follows.
Claims arising where cargo is delivered short, damaged or late. Damage apparent on delivery must be notified to the carrier at the time of delivery, and damage not apparent from the outside within three days of delivery; if no notice is given, the cargo is presumed to have been delivered in accordance with the contract. Survey reports, clauses on the bill of lading and tally records are decisive at this stage.
Charterparties and general cargo contracts, claims for freight and demurrage, the calculation of laytime, the carrier's lien, and claims arising from cancellation of a voyage.
Apportionment of the loss arising from a collision, determination of the degree of fault, and liability towards third parties. The sea protest and the navigational records form the backbone of the file.
Claims to salvage reward for assistance rendered to a vessel or cargo in danger, the useful result criterion, and special compensation tied to the prevention of environmental damage.
Apportionment between ship, cargo and freight of the sacrifices and expenditure deliberately incurred to escape a common peril; following the adjustment and objecting to it.
Arrest of a vessel to secure a maritime claim, the conditions under which a sister ship may be arrested, and release of the vessel against security. Because a vessel is in motion, timing in these applications matters as much as the legal ground.
Registration in the ship registry, creation and discharge of ship mortgages, sale and transfer agreements, change of flag, and bareboat registration.
Claims under hull and machinery and cargo policies, recourse actions brought by insurers, the scope of P&I club cover, and the notices that must be given to insurers.
Damage apparent on delivery must be notified to the carrier in writing at the moment the cargo is taken over; damage not apparent on inspection, within three days of delivery. Without notice, the cargo is treated as having been delivered in the condition stated in the bill of lading, and the burden of proof becomes considerably heavier.
As a rule the Turkish Commercial Code subjects claims arising from the carriage of goods to a one-year limitation period. Time runs from the date the cargo was delivered or ought to have been delivered. One year is short for a maritime dispute; it can expire while a survey report is still awaited.
A vessel may be arrested for the maritime claims listed in the Code. The application depends on the claim falling within one of those categories and on counter-security being deposited. Where the conditions are met, another vessel belonging to the same owner may be arrested instead.
The vessel is released once security covering the claim is provided. In practice that security takes the form of a bank letter or a letter of undertaking from the P&I club with which the vessel is entered.
Once an average adjuster is appointed, the cargo owner is asked for an average bond and, in most cases, a cash deposit. Where the cargo is insured, that security is provided through the insurer. When the adjustment is issued, the right to object to the apportionment is reserved.
5 min read
A vessel is the most valuable moveable asset a debtor has, and it becomes unreachable the moment it leaves port. The conditions for arresting a ship under Turkish law, the short periods that govern it, and release against security.
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