The “Sister Ship Arrest”, regulated under Article 1369/2 of the Turkish Commercial Code (TCC) No. 6102, is an exceptional provision that allows for the provisional attachment of other ships belonging to the person responsible for a maritime claim. Below are concrete court decisions and legal analyses regarding the application of this provision.
1. Legal Basis and Conditions of Sister Ship Arrest
According to TCC Article 1369/2, the attachment of ships other than the vessel against which a maritime claim is asserted (sister ships) is permitted if two basic conditions are met:
Ownership and Liability Relationship: The ship must belong to the person responsible for the maritime claim at the time the provisional attachment is applied.
Status at the Time the Claim Arose: When the maritime claim arose, the debtor must have been the owner, charterer, demise charterer, or operator of the ship from which the claim arose.
In the decision of the Istanbul Regional Court of Justice, 13th Civil Chamber, dated 09.05.2024, with file number 2024/689 Esas and decision number 2024/801 , it was confirmed that sister ship arrest is lawful if these two conditions are met.
2. Sister Ship Arrest Applications Regarding Fuel Claims
Fuel claims are considered maritime claims under TCC Article 1352/1-(l). Court decisions frequently show that sister ship arrest is invoked, especially due to fuel supplied to Russian-flagged vessels:
Proof with Equasis and Registry Records: In the decision dated 13.11.2025, numbered 2025/2019 Principle – 2025/1875 Decision, of the 13th Civil Chamber of Istanbul Regional Court of Justice; it was found lawful to place a precautionary attachment on other vessels proven to belong to the same shipowner (Gidrotrans Ltd.) by Equasis records and flag state registration certificates, due to a fuel receivable provided to a Russian-flagged vessel.
Condition of Prima Facie Evidence: In the decision dated 19.09.2024, numbered 2024/1257 Principle – 2024/1283 Decision, of the 12th Civil Chamber of Istanbul Regional Court of Justice, it was emphasized that for a fuel receivable provided to the Russian-flagged vessel “M/V …”, the Equasis records were sufficient to prove the shipowner relationship for the attachment of the vessel named “…”, belonging to the same shipowner, and that the condition of prima facie evidence was met in accordance with Article 1362 of the Turkish Commercial Code (TTK).
Similar Decisions: Also, in the decision dated 10.07.2019, numbered 2019/1297 Principle – 2019/975 Decision, of the 13th Civil Chamber of Istanbul Regional Court of Justice, the attachment of a sister ship belonging to the same owner/shipowner due to fuel supplied to a Russian-flagged vessel was affirmed.
3. Sister Ship Arrest Practices Regarding Seafarer Claims
Seafarers’ wage claims are maritime claims under Article 1352/1-(o) of the Turkish Commercial Code (TTK). Especially for the claims of personnel working on Guinea-flagged vessels, there are numerous precedents regarding sister ship arrest in Turkey:
Determination of Shipowner and Operator Relationship: In the decision dated 17.02.2022, numbered 2022/267 E. – 2022/177 K. of the 43rd Civil Chamber of Istanbul Regional Court of Justice; it was ruled that a precautionary attachment could be placed on a sister ship belonging to the same shipowner (SONIT) for the receivables of personnel working on Guinea-flagged vessels. The court determined the shipowner’s unity/affiliation with documents from the Ministry of Fisheries of the Republic of Guinea and Register documents.
Seal and Master’s Signature: In the decision dated 25.04.2022, numbered 2022/267 E. – 2022/621 K. of the 12th Civil Chamber of Istanbul Regional Court of Justice, the fact that maritime employment contracts were sealed with the ship’s seal and signed by the master, along with the cooperation agreement between the shipowner and the operator, was deemed sufficient for prima facie evidence.
Other Personnel Receivables: In the decision dated 16.03.2022, numbered 2022/265 E. – 2022/281 K. of the 43rd Civil Chamber of Istanbul Regional Court of Justice, it was found possible to place an attachment on a sister ship belonging to the same shipowner for the wage receivables of a trawler foreman, in accordance with Article 1369/2 of the TCC (Turkish Commercial Code). Similarly, in the decision dated 16.12.2021, numbered 2021/2135 E. – 2021/1607 K. of the 14th Civil Chamber of Istanbul Regional Court of Justice, a sister ship attachment was decided for the ship master’s receivables.
4. Other Maritime Claims and Sister Ship Arrest
Sister ship arrest is not limited to fuel and labor claims; it also applies to other maritime claims:
Fleet Insurance Premiums: In the decision of the Istanbul Regional Court of Justice, 14th Civil Chamber, dated 20.09.2023, numbered 2023/1512 E. – 2023/1397 K., it was found lawful to place a sister ship arrest on a vessel within the fleet, covering the entire fleet’s receivables, due to unpaid premium receivables within the scope of fleet liability insurance (TCC Art. 1352/1-r).
Cargo Loss and Short Delivery: In the decision of the Istanbul Regional Court of Justice, 14th Civil Chamber, dated 23.12.2021, numbered 2021/2175 E. – 2021/1668 K., a sister ship arrest was applied to an Azerbaijani-flagged vessel belonging to the same owner/operator, but different from the vessel where the receivable originated, for receivables arising from the short delivery of petroleum cargo.
Time Charter Agreements: In the decision of the Istanbul Regional Court of Justice, 14th Civil Chamber, dated 21.11.2024, numbered 2024/1671 E. – 2024/1661 K., it was decided to arrest a Russian-flagged vessel as a sister ship for a maritime claim arising from a time charter agreement.
5. Procedural Assessments and Objections
Prima Facie Evidence: Pursuant to Article 1362 of the TCC, for a precautionary arrest, approximate proof (prima facie evidence) is sufficient, not full proof. Equasis records, flag state registration documents, ship-sealed contracts, and invoices are evaluated within this scope (Adana Regional Court of Justice, 9th Civil Chamber, 04.07.2025, 2025/1477-2025/1359 ).
Reasons for Objection: According to Article 265 of the EBL, the grounds for objection to a provisional attachment are limited. Court decisions emphasize that complex defenses, such as claims of “forgery” or “the debt having been paid”, should be evaluated during the main trial, not at the provisional attachment stage (Istanbul Regional Court of Justice 43rd Civil Chamber, 03.03.2022, 2022/266-2022/256 ).
6. Secondary Sources and Contextual Information
The following points should be considered as secondary sources that provide additional context regarding the process, although they are not direct sister ship arrest decisions:
Jurisdiction and Competence Issue: It has been stated that seamen working on foreign-flagged vessels are not covered by the Maritime Labor Law, and therefore, disputes should be heard in general courts (Civil or Commercial Courts) instead of Labor Courts, which can lead to procedural rejection of arrest requests (Adana Regional Court of Justice 9th Civil Chamber, 04.04.2024, 2024/278-2024/588 ; Izmir Regional Court of Justice 17th Civil Chamber, 12.10.2022, 2022/1568-2022/1563 ).
Insufficient Evidence: It has been emphasized that sister ship arrest requests may be rejected in cases where it cannot be sufficiently proven that the shipowner is liable as the operator or that the claim exists (Court of Cassation 11th Civil Chamber, 29.04.2015, 2015/4559-2015/6080 ).
Change of Ownership: It is observed that the right of a ship’s creditor (statutory lien) can be asserted against the new owner even if the ship’s ownership changes, but this situation is evaluated within the framework of Article 1369/1 of the Turkish Commercial Code (İzmir Regional Court of Justice 17th Civil Chamber, 12.10.2022, 2022/1568-2022/1563 ).
Frequently Asked Questions
Kardeş gemi haczı nedir?
Kardeş gemi haczı, deniz alacağından sorumlu olan kişiye ait başka gemilere de ihtiyati haciz uygulanabilmesini sağlayan özel bir hukuki imkandır.
Her gemiye haciz konulabilir mi?
Hayır. Haciz uygulanabilmesi için haciz anında geminin borçluya ait olması ve alacağın doğduğu anda da borçlunun ilgili gemiyle bağlantılı olması gerekir.
Hangi alacaklar için kardeş gemi haczi uygulanır?
Yakıt alacakları, gemi adamı ücretleri, bakım-onarım alacakları ve yük hasarları gibi deniz alacakları için kardeş gemi haczi mümkündür.
Why is Expert Legal Support Necessary?
Sister ship arrest is one of the most technical and strategic areas of maritime commercial law. An incorrectly made application can lead to the ship escaping or the debt not being fully collected. Specifically;
Accurate determination of the ownership link between the shipowner (vessel owner) and other vessels,
Providing “prima facie evidence” with Equasis records, registration documents, and contracts,
Making a rapid application in the correct port (in critical regions such as Istanbul, Tuzla),
Implementation of provisional arrest warrants and management of objection processes,
Acting strategically and quickly before the ship escapes is of great importance.
The Istanbul and Tuzla region, especially due to shipyards and dense vessel traffic, is where maritime debt disputes most frequently occur. Therefore, the process must be conducted by a team of maritime commercial law specialists.
Tuzla-based 2M Hukuk Law Firm specializes in maritime debt collection, ship arrest, and sister ship arrest processes; and manages the stages of vessel identification, evidence preparation, court application, and collection quickly and effectively.
Acting with the right strategy in this field often determines whether the receivable can be collected. Therefore, receiving professional legal support from the beginning of the process is critically important.
