ERDEM-NEWSLETTER-2018-metin

64 NEWSLETTER 2018 Arrest of Ships under Turkish Law* Att. Duygu Oner Introduction The general principles on maritime enforcement are set out in Turkish Commercial Code (“TCC”) numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the Inter- national Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and both conventions have been come into force on 25 March 2017. The provisions of these two conventions have already been taken into consideration by the drafting committee of the code, and the relevant provisions have been incorporated into the TCC in preparing the same. This newsletter reviews the principles and provi- sions stipulated in the TCC for the arrest of ships. Arrest and Maritime Claims The exclusive provisional remedy provided with respect to ships under the TCC is the arrest. The arrest of ships has been stipulated for “maritime claims” that are listed as numerous clasus under Article 1352 of the TCC. In other words, a ship may only be arrested for the maritime claims which are stipulated in the TCC. As such, where non- maritime claims are made against the shipowner, the claimant may ap- ply for an arrest under the general provisions of Turkish Enforcement and Bankruptcy Code numbered 2004 (“EBC”) to be enforced on any property other than a ship 1 . * Article of May 2018 1 Atamer, Kerim : Transport Law in Turkey, originally published as a monograph as International Encyclopaedia of Laws / Transport Law, Wolters Kluwer, 2013, p.216.