The end of a vessel’s commercial life constitutes another risk for creditors. It is in this context that the arrest of sister ships becomes relevant.
Given the global nature of maritime transport, the increasing number of offshore companies operating in the sector, and the fact that commercial, crewing and technical management services are often undertaken by different companies, claimants may encounter difficulties in recovering their receivables, particularly in identifying the proper party against whom proceedings should be brought.
Since the debtor vessel generally continues to operate in international trade, claimants who are unable to secure effective legal protection within Türkiye may either incur additional costs in pursuing their rights abroad or be required to wait until the vessel’s next call at a Turkish port.
Furthermore, the end of the vessel’s commercial life constitutes another risk for creditors. It is in this context that the arrest of sister ships becomes relevant.
Pursuant to Article 1061(2) of the Turkish Commercial Code, a person who operates a vessel that they do not own, for their own benefit and in their own name, either personally or through the master, is deemed to be the shipowner in relation to third parties.
In such circumstances, the vessel’s owner may not prevent a person holding a claim arising from the operation of the vessel from enforcing that claim, unless the claimant has acted unlawfully or in bad faith.
The arrest of sister ships is governed by Article 1369(2) of the Turkish Commercial Code. Under the law, a sister ship may be arrested where the debtor company is the owner, lessee or charterer of the vessel concerned.
Accordingly, it may be argued that a vessel may be arrested not only where the vessels share the same owner, but also where they are operated by the same entity.
Indeed, the Istanbul 17th Commercial Court of First Instance, acting in its capacity as the Specialized Maritime Court, has issued recent decisions supporting this interpretation.
The Regional Court of Appeal has also rendered decisions consistent with this approach, allowing the arrest of one vessel as security for a debt arising from another vessel operated by the same entity.
In conclusion, under the Turkish Commercial Code, where creditors entitled to seek the arrest of a vessel as a provisional measure are unable to enforce their claims against the debtor vessel, they should consider the possibility of obtaining the arrest of sister ships operated within the same undertaking.
*AI-Assisted Translation Notice
This English translation was prepared with the assistance of artificial intelligence and is provided for general informational purposes only. It may contain errors, omissions or differences in meaning. In the event of any discrepancy, the original Turkish text shall prevail. This translation does not constitute legal advice and should not be relied upon as a substitute for advice concerning any specific matter.
