In the global shipping industry, over 90% of disputes are resolved through Maritime Arbitration, predominantly in London under the LMAA (London Maritime Arbitrators Association) terms. However, winning an arbitration award is only half the battle. For a foreign creditor, the ultimate goal is the enforcement of that award against the debtor’s assets, which often involves […]
In the global maritime industry, the ability to secure a claim through the detention of a vessel is a powerful legal tool. Due to its strategic location—encompassing the Bosphorus and Dardanelles straits—Turkey has become one of the most preferred jurisdictions for ship arrest. Following the alignment of the Turkish Commercial Code (TCC) with the 1952 […]
The legal framework governing the protection and preservation of the marine environment represents one of the most sophisticated aspects of modern maritime law. Under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the traditional absolute freedom of the high seas is curtailed by the necessity of environmental stewardship. Central to this […]
Securing insurance payments after a maritime casualty (such as a collision, grounding, or fire) on the high seas is not an automatic administrative process; it is a rigorous legal battle. For a shipowner to successfully recover their losses, the preparation of the compensation claim must be executed with technical precision and backed by undeniable legal […]
The Right of Hot Pursuit is one of the most remarkable exceptions to the principle of “Flag State Sovereignty” on the high seas. While the high seas are traditionally an area of total freedom, the 1982 United Nations Convention on the Law of the Sea (UNCLOS), under Article 111, provides coastal states with the authority […]
The legal regime of the territorial sea represents a delicate compromise in international maritime law. While a coastal state exercises full sovereignty over these waters, it must balance its domestic laws with the international right of innocent passage. The exercise of criminal jurisdiction in this zone is not absolute; it is governed by a framework […]
The concept of General Average is more than just an ancient maritime tradition; it is a sophisticated risk-sharing mechanism that remains vital in the era of mega-container ships. As maritime adventures become larger and more complex, the legal nuances of General Average dictate how billions of dollars in potential losses are distributed among stakeholders. This […]
The global shipping industry is inherently exposed to volatile environments, making marine insurance the primary safeguard for international commerce. Beyond being a simple contract of indemnity, marine insurance serves as a sophisticated legal instrument that facilitates global trade by distributing immense maritime risks among various stakeholders. In the intersection of maritime law and insurance practice, […]
Turkey is not only a country with magnificent bays but also a strategic hub in the maritime world, being one of the top three yacht producers globally. However, owning a yacht is not just a vehicle purchase; it is a complex process of yacht registration and maritime law. Here are the details beyond the selection: […]
1. The Nature and Significance of Maritime Claims In the complex world of international shipping, maritime claims serve as the primary legal instrument for creditors to secure their rights. A maritime claim is not a standard commercial debt; it is a specialized category of claim defined under international conventions—most notably the 1999 Geneva Convention on […]