By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
International maritime law governs shipping, navigation, and commerce at sea, and in Turkey it is codified in Book Five of the Turkish Commercial Code No. 6102 (Articles 931 to 1400), supplemented by international conventions Turkey has ratified such as the Hamburg Rules, MARPOL, SOLAS, and IMO instruments. For cross-border traders, shipowners, charterers, and cargo interests, the practical core is the contract chain: charterparties, bills of lading, and the conventions that allocate liability when something goes wrong on the water.
What is international maritime law and which law applies in Turkey?
International maritime law is the body of rules governing ships, sea carriage, and commerce on the seas. In Turkey it is regulated primarily by Book Five of the Turkish Commercial Code No. 6102 (Articles 931 to 1400), read together with the Code of Obligations No. 6098 for general contract questions and the ratified conventions that bind Turkey. Because Turkey sits where major trade routes converge, its courts and arbitral practice apply these domestic rules alongside the international regime governing carriage, liability, and dispute resolution.
The field is broad. It covers registration and the ship registry, loading and discharge, cargo and carriage contracts, ship operation and ownership, ports and berths, casualties and marine pollution, and the arbitration and litigation mechanisms used to resolve disputes. Each of these areas turns on a written contract and, frequently, on a convention Turkey has ratified.
What are the main maritime contracts and what does each one do?
The principal maritime contracts are the contract of carriage (freight contract), the bill of lading, and the charter party in its voyage, time, and bareboat forms. Each allocates a different set of rights and risks between shipowner, carrier, charterer, and cargo owner. Getting the contract type right at the outset determines who bears delay, who controls the voyage, and who answers for cargo damage.
Freight contract (contract of carriage)
A freight contract is an agreement between a shipowner or carrier and a cargo owner for the carriage of goods by sea. It fixes the freight charge and the conditions of carriage, and it allocates duties between the parties. The carrier undertakes responsibility for the safety of the ship and crew and for proper loading and carriage of the cargo, while the cargo owner must supply the documents needed for timely delivery and pay the freight. Because this contract sets the rights and obligations of both sides, every term should be examined and agreed in writing before the cargo moves.
Bill of lading
A bill of lading is a document issued by the carrier to the shipper acknowledging that named goods have been received on board for carriage to a stated destination and delivery to the consignee. It performs three functions: it is a receipt for the goods, a document of title to those goods, and evidence of the terms of the contract of carriage. The carrier remains responsible for the goods until delivery to the consignee, and the consignee relies on the bill to prove entitlement to take possession. In international trade the bill of lading is also commonly used as security in trade finance.
Charter party agreements
A charter party is a contract between a shipowner and a charterer for the hire of a vessel. The three common forms differ in who controls the ship and how hire is calculated. Choosing between them is one of the most consequential decisions in a shipping arrangement, so the comparison below sets out the practical differences.
| Charter type | Who operates the vessel | How hire is calculated | Typical use |
|---|---|---|---|
| Voyage charter | Shipowner or operator controls the voyage, route, and timing | Freight based on cargo type, quantity, and distance for one or more defined voyages | One-off shipments where the charterer needs a vessel for a specific journey |
| Time charter | Owner keeps the vessel seaworthy; charterer directs commercial employment | Hire fixed for a defined period of time | Charterers wanting control of a vessel across many voyages over a set period |
| Bareboat (demise) charter | Charterer takes possession and operates and maintains the vessel | Hire for the period, with operating costs on the charterer | Long-term arrangements where the charterer effectively runs the ship |
Under a voyage charter, the vessel is allocated for one or more trips to carry the shipper’s cargo, and freight is calculated on the type and quantity of cargo and the distance travelled. The shipowner or operator manages the voyage, including the ship’s safety, route, and timing between ports, and the charterer has no authority over voyage planning. This form is preferred where a party needs a vessel for a specific journey.
Under a time charter, the owner leases the vessel for a defined period and hire is calculated by time rather than by voyage. The owner is responsible for keeping the vessel seaworthy and fit for service throughout the period, while the suitability of the cargo remains the cargo owner’s responsibility. A time charter gives the charterer control of the vessel for the agreed period and gives the owner a fixed income, leaving the owner free to use the ship for other purposes outside the chartered period.
How are ship arrest, liens, and casualties handled?
Ship arrest, maritime liens and mortgages, and casualty liability are governed by Book Five of the Turkish Commercial Code No. 6102 together with the conventions Turkey has ratified. Ship arrest, a primary tool for securing a maritime claim, follows the framework of the 1999 International Convention on Arrest of Ships, while maritime liens and ship mortgages give claimants and financiers ranked rights against the vessel itself. Collision liability, salvage, general average, and marine insurance round out the casualty side of the practice.
These regimes matter most when a claim must be secured fast across borders. Arresting a vessel in a Turkish port can hold security in place while the merits are decided by a court or, as charter parties commonly stipulate, by London or ICC arbitration. Pollution incidents engage the MARPOL regime and Turkey’s environmental rules, and salvage and general average reallocate loss among the maritime adventure under long-settled principles.
Where are maritime disputes decided, and how does cross-border enforcement work?
Maritime disputes are decided either before the specialised commercial courts in Turkey or through arbitration, most often London or ICC arbitration where the charter party so provides. The choice is usually written into the contract from the start, which is why the dispute resolution clause deserves as much attention as the freight or hire terms. For a cross-border party, the enforceability of the resulting award or judgment in the relevant jurisdiction is the decisive practical question.
Arbitral awards benefit from a wide enforcement network: under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Turkey is a party, an award may be recognised and enforced across member states, with refusal available only on the narrow grounds listed in Article V. Turkey’s International Arbitration Law No. 4686 governs arbitrations seated in Turkey, and recognition of foreign judgments and awards is handled under the International Private and Procedural Law No. 5718. For a global shipping business, this network is what makes a maritime contract bankable.
Frequently asked questions
Which law governs maritime contracts in Turkey?
Maritime contracts in Turkey are governed primarily by Book Five of the Turkish Commercial Code No. 6102 (Articles 931 to 1400), supplemented by the Code of Obligations No. 6098 for general contract issues and by the international conventions Turkey has ratified, including the Hamburg Rules, MARPOL, and SOLAS. The parties may also choose a foreign governing law and arbitral seat in the contract, which is common in charter parties.
What is the difference between a voyage charter and a time charter?
In a voyage charter the shipowner controls the voyage and freight is calculated by cargo and distance for specific trips, so the charterer pays for a defined journey. In a time charter the owner keeps the vessel seaworthy while the charterer directs its commercial use, and hire is paid for a fixed period of time rather than per voyage. The right choice depends on whether you need a single shipment or ongoing control of a vessel.
What does a bill of lading do?
A bill of lading performs three legal functions at once. It is a receipt confirming the carrier received the stated goods on board, a document of title that lets the holder claim the cargo at destination, and evidence of the terms of the carriage contract. Because it can transfer title, the bill of lading is also widely used as security in international trade finance.
Can a foreign arbitration award from a maritime dispute be enforced in Turkey?
Yes. Turkey is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, so a foreign award, including one from London or ICC arbitration commonly used in charter parties, can be recognised and enforced, with refusal limited to the narrow grounds in Article V. Recognition procedure is handled under the International Private and Procedural Law No. 5718, and arbitrations seated in Turkey fall under International Arbitration Law No. 4686.
Can a ship be arrested in Turkey to secure a maritime claim?
Ship arrest is available in Turkey to secure a maritime claim, following the framework of the 1999 International Convention on Arrest of Ships and the ship-arrest provisions of Book Five of the Turkish Commercial Code No. 6102. Arrest allows a claimant to hold security against the vessel in a Turkish port while the merits are decided by a court or by arbitration. Procedural conditions and any security requirements are set by law; confirm the requirements in force at the time of filing.
Talk to a maritime and transport law team
If you are negotiating a charter party, facing a cargo claim, or need to arrest a vessel or enforce an award across borders, our team structures, reviews, and litigates these arrangements for shipowners, charterers, and cargo interests. Start with our maritime trade and transport law service, and explore related work in foreign investment law, our guide to maritime law in Turkey, and debt and insolvency recovery for distressed shipping counterparties. For arbitration strategy, see our international arbitration service.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.