When objections are raised to enforcement proceedings initiated for receivables arising from maritime commerce, the primary remedy available to the creditor is an action for annulment of objection. However, the mandatory mediation regulation introduced by Article 5/A of the Turkish Commercial Code No. 6102 has brought to the agenda the discussion of whether actions for annulment of objection related to maritime receivables are also covered. The decisions of the Court of Cassation and the Regional Courts of Appeal have established a consistent line on this matter.
1. General Legal Framework and Mandatory Mediation in Actions for Annulment of Objection
According to judicial decisions, within the scope of Article 5/A of the Turkish Commercial Code (TCC) No. 6102, applying to a mediator before filing a lawsuit is a procedural prerequisite for commercial cases concerning receivables and compensation claims where the subject is the payment of a sum of money. In this context, actions for annulment of objection of a commercial nature are also subject to the mandatory mediation requirement, as their nature aims at the collection of a sum of money.
The Court of Cassation 23rd Civil Chamber (04.12.2020, 2020/1943 E. – 2020/4052 K.) ruled that in commercial actions for annulment of objection, mediation is a procedural prerequisite according to Article 114/2 of the Civil Procedure Code (HMK) and Article 5/A of the TCC. The Court emphasized that such cases aim at the collection of a monetary receivable and that the parties can freely dispose of this receivable.
According to the İzmir Regional Court of Appeal 11th Civil Chamber (23.06.2021, 2021/1080 E. – 2021/757 K.) ruling, since an action for annulment of objection is aimed at the payment of a receivable, mediation is a procedural prerequisite according to Article 5/A of the TCC.
In its decision, the 17th Civil Chamber of the İzmir Regional Court of Justice (13.12.2023, 2023/2217 E. – 2023/2300 K.) stated that it is mandatory to apply to a mediator in commercial lawsuits for the annulment of objection, where the plaintiff aims to collect a monetary claim.
In the decisions of the Istanbul 21st Civil Court of Commerce (20.12.2019, 2019/514 E. – 2019/202 K.) and the Bursa 2nd Civil Court of Commerce (30.06.2020, 2019/331 E. – 2020/272 K.), it was also confirmed that lawsuits for the annulment of objection are in the nature of a claim lawsuit containing a judgment for performance and are subject to mandatory mediation.
2. Evaluation in terms of Maritime Claims and Commercial Case Nature
Whether disputes concerning maritime claims are subject to the condition of mediation depends on whether the case has the nature of a “commercial case”. Pursuant to Article 4 and subsequent articles of the Turkish Commercial Code (TTK), disputes arising from maritime commerce are absolutely commercial cases.
Secondary Source: In its decision, the Istanbul 4th Civil Court of Commerce (09.02.2022, 2021/787 E. – 2022/101 K.) supported the general legal approach that mediation is a prerequisite in commercial lawsuits for the annulment of objection, for disputes involving monetary claims, regardless of the type of claim (including maritime claims).
Secondary Source: Istanbul 4th Civil Court of Commerce (18.08.2021, 2021/526 E. – 2021/511 K.) in its decision, stated that maritime claims are a special area regulated in the relevant sections of the Turkish Commercial Code (TCC), but if these claims qualify as a “commercial lawsuit” and their subject is the payment of a certain sum of money, they would be subject to the mediation requirement in accordance with the general regulation in Article 5/A of the TCC.
Secondary Source: Istanbul 15th Civil Court of Commerce (09.08.2024, 2024/478 E. – 2024/447 K.) in its file, evaluated the special nature of maritime claims and the applicability of this condition within the framework of TCC regulations.
3. Procedural Requirements for the Mediation Process
For the mediation requirement to be deemed fulfilled, the process must be conducted in accordance with procedure and the final report must be submitted to the court.
Istanbul Regional Court of Justice 13th Civil Chamber (24.04.2025, 2025/377 E. – 2025/691 K.) according to which, material errors in the final mediation report (for example, writing “removal of objection” instead of “cancellation of objection”) should be interpreted as the fulfillment of the lawsuit condition if the parties’ intentions and the execution file information match.
Secondary Source: In the decision of Istanbul Anatolian 4th Civil Court of Commerce (25.05.2023, 2022/1070 E. – 2023/472 K.), it was emphasized that a lawsuit for the annulment of objection is strictly tied to enforcement proceedings, and therefore, a mediation application made before enforcement proceedings cannot be accepted as a valid fulfillment process for a prerequisite for a lawsuit for the annulment of objection to be filed after the proceedings.
Secondary Source: In the decisions of Adana Regional Court of Justice 9th Civil Chamber (10.04.2023, 2022/2472 E. – 2023/139 K.) and Kayseri 2nd Civil Court of Commerce (05.09.2024, 2024/64 E. – 2024/749 K.), it was stated that mediation is a prerequisite for a lawsuit that must be fulfilled before filing the lawsuit and cannot be completed afterwards, and that the absence of this condition necessitates the procedural dismissal of the case.
Conclusion: In light of the reviewed court decisions and secondary sources; lawsuits for the annulment of objection to enforcement proceedings arising from maritime claims fall within the scope of the mandatory “precondition for a lawsuit” requiring application to a mediator before filing the lawsuit, due to their nature as absolute commercial cases under the Turkish Commercial Code and their aim to collect a certain amount of money.
Frequently Asked Questions
1. Is it mandatory to apply to a mediator before filing a lawsuit for annulment of objection based on a maritime claim?
Yes, it is mandatory. According to Article 5/A of the TCC, recourse to mediation is a precondition for filing a lawsuit in commercial cases concerning claims for receivables and compensation, the subject of which is the payment of a certain amount of money. Since disputes arising from maritime trade are considered absolute commercial cases as per Article 4 of the TCC; lawsuits for annulment of objection to be filed for claims arising from freight, demurrage, superdemurrage, container rental fees, or bills of lading are also within the scope of mandatory mediation. A lawsuit filed without fulfilling this condition will be dismissed by the court on procedural grounds.
2. Is a mediation application made before enforcement proceedings considered valid for an annulment of objection lawsuit?
No. An annulment of objection lawsuit is a type of case strictly tied to enforcement proceedings; it can only be filed after an objection to the proceedings has been made. Therefore, a mediation application made before enforcement proceedings have been initiated is not considered a valid process for fulfilling a precondition for filing a subsequent annulment of objection lawsuit. The creditor must additionally initiate the mediation process and obtain the final report from this process after an objection has been made to the enforcement proceedings. This condition is not a deficiency that can be completed later; its absence leads to the dismissal of the lawsuit on procedural grounds.
3. Do material errors in the final mediation report invalidate the precondition for filing a lawsuit?
No. As stated in the decision dated 24.04.2025 by the 13th Civil Chamber of the Istanbul Regional Court of Justice; material errors in the final record (such as writing “removal of objection” instead of “cancellation of objection”) do not alone necessitate concluding that the condition for filing a lawsuit has not been met. As long as the parties’ intent and the execution file information are consistent, such errors must be interpreted as the condition for filing a lawsuit having been met. However, the type of error and the true intent of the parties must be evaluated separately in each case.
Why is Expert Lawyer Support Essential?
Although lawsuits for the cancellation of an objection based on maritime claims may appear to be standard cases tied to an execution proceeding, they are in fact highly technical disputes situated at the intersection of maritime commercial law, enforcement and bankruptcy law, and procedural law. Failure to fulfill the mandatory mediation requirement in a timely and proper manner leads to the procedural dismissal of the lawsuit, regardless of its merits; this situation results in irrecoverable loss of rights both in terms of statute of limitations and the cost of re-initiation of proceedings. Especially for claims related to freight, demurrage, dispatch, container rental fees, charter parties, maritime liens, and ship mortgages; directing the mediation application to the correct party, accurately defining the scope of the application, and flawlessly structuring the sequence of execution-mediation-lawsuit directly impact the fate of the case.
At this point, obtaining support from an Istanbul maritime trade lawyer or a Tuzla maritime trade lawyer is the safest way to ensure the right steps are taken from the beginning of the process. Receivable disputes arising from transportation carried out through Istanbul and Kocaeli ports, especially Tuzla, Ambarlı, Haydarpaşa, Kumport, Evyap, DP World Yarımca, and Asyaport, require special expertise in terms of both volume and technical complexity. In multilateral relationships between the shipowner, carrier, freight forwarder, agent, and consignee, correctly answering fundamental questions such as who is the creditor, who is the debtor, and against whom the enforcement proceedings will be conducted, determines the fine line between winning the case and its procedural dismissal.
2M Hukuk Law Office provides expert legal support to its clients in the field of maritime trade law for international maritime transportation disputes conducted through the ports of Istanbul and Kocaeli, including enforcement proceedings related to freight, demurrage, dispatch, and container rental fee receivables, mandatory mediation applications, and actions for annulment of objection. To avoid encountering dismissal decisions due to a lack of case prerequisites during the collection process of your maritime receivable, and to collect your receivable as quickly as possible on legally sound grounds, it is of great importance to consult an expert maritime trade lawyer before initiating enforcement proceedings.
