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+90 531 883 33 88

GÜNEŞ & GÜNEŞ LAW FIRM

Maritime and Shipping Trade

Legal advisory for shipowners, ship operators and shipping trade companies.

Legal support in vessel sales, maritime carriage contracts, cargo damage, insurance and shipping trade disputes.

Based in Antalya, serving all of Türkiye.

A legal perspective on the full range of maritime activity

As Güneş & Güneş Law Firm, we address the legal needs of shipowners, ship operators, carriers, cargo interests, shipyards, shipping agents, port and marina operators, and maritime investors. In claims involving passengers and seafarers as well, we identify at the outset the party we will represent and carry out a conflict-of-interest check.

In maritime trade law, the vessel’s flag, register, the capacity of the parties, transport documents and the route all matter together. We assess transactions within Türkiye and international transactions connected with Türkiye across their investment, operation, insurance and dispute dimensions.

Our maritime and shipping trade services

Vessel and yacht sales

We support transactions from the legal review of title, register, mortgages, attachments and existing contracts through to the sale agreement, payment security, and transfer and delivery documents.

For foreign-flagged vessels, deregistration from the register, new registration, authorizations and closing conditions are assessed together with the rules of the relevant country. The technical condition and valuation are reviewed by competent specialists.

Ship registry, flag and financing

We review, from a legal standpoint, the registration of rights over a vessel, register transactions, flag changes, mortgages, financing and security agreements.

The registration and operating permit regime that applies is determined by the nature of the vessel, the structure of its owner and operator, and its field of activity. A register entry and an operating permit do not replace one another.

Shipbuilding, maintenance and repair contracts

We structure the scope of work between the shipyard and the ordering party, including references to technical specifications, staged payments, change requests, delivery, delay and defect provisions.

We assess the legal processes concerning warranties, security, acceptance tests, insurance and termination of the contract, together with the reports of technical experts.

Ship chartering and operating relationships

We assess bareboat charter, time charter and voyage-based carriage relationships separately, according to their legal nature. We clarify the allocation of the vessel, crew, maintenance, fuel, payment and operating responsibilities.

We provide legal support on disputes concerning suspension of operations, the vessel being unavailable, an extension of the term, redelivery, termination and security.

Freight contracts and bills of lading

For the carriage of goods by sea, we assess freight, bills of lading and other transport documents together with the capacities of the carrier, the person entrusting the carriage (taşıtan), the shipper (yükleten) and the consignee (gönderilen).

We review loading, stowage, discharge, delivery, production of documents, sub-carriage, liability and jurisdiction provisions. The relationship between a bill of lading and the contract of carriage is determined by the specific document.

Cargo loss, damage and delivery problems

We provide legal support for the preservation of evidence, expert appraisal and the preparation of claims in cases of short delivery, wetting, breakage, deterioration, theft, interruption of the cold chain and delay.

For cargo that is not delivered or not collected by its consignee, we review the options for custody, costs, notice and liquidation. No right to sell or destroy the cargo is presumed to arise automatically.

Demurrage and waiting charges

We assess demurrage claims based on loading and discharge periods, notices of readiness, time sheets, port records and contractual exceptions.

We separate waiting charges payable for the vessel from charges for keeping containers at or outside the terminal, and handle objections, set-off and collection processes.

Maritime claims and arrest of vessels

We review the legal nature of claims for freight, fuel, provisions, spare parts, technical services, repairs, wages or losses, as well as the debtor and the link to the vessel. In files where the conditions are met, we assess the arrest of the vessel, security, and the lifting of the arrest.

A maritime claim and a maritime lien are not the same. Not every maritime claim creates a statutory lien or priority; the conditions for interim legal protection are assessed separately.

Marine insurance and P&I matters

We separately review hull and machinery coverage, cargo transport and liability insurance, and the P&I arrangements relating to the shipowner’s liability risks.

We provide legal support on policies and club rules, notice, coverage exclusions, expert appraisal, indemnity, letters of guarantee and recourse claims. The scope of coverage is determined by the event and the contract.

Collision, salvage and general average

In collisions between vessels, groundings, salvage and other maritime accidents, we provide legal support on incident records, technical investigation, and the assessment of fault and liability.

We review general average claims concerning the sharing of extraordinary sacrifices and expenses made to escape a common danger, the related security, and objections to the accounts.

Port, marina and agency services

In relationships involving port use, terminals, handling, storage, mooring, towage, pilotage and ship agency, we review the allocation of contractual responsibility and liability.

We assess service fees, damage, limits of authority, collection and operational disputes. We provide legal advice; we do not perform the actual port or agency services.

Environmental, inspection and administrative matters

We assess the legal dimensions of marine pollution, waste, fuel and emissions obligations, as well as inspections, detention of vessels and administrative sanctions.

We determine the options for application and litigation based on the effects of the event, notifications, administrative records and expert reports. Environmental response and technical compliance services are carried out by the competent units.

Seafarers and employment relations

We review, from a legal standpoint, seafarers’ employment contracts, wages, working arrangements, termination of contracts, occupational accidents and claims for repatriation.

We assess the flag, employer, place of work and applicable regulations together, and determine representation of the employer or the employee through a conflict-of-interest check.

Passenger transport and yacht operation

We provide legal support on claims for passenger and baggage damage, cancellation, delay, injury and death, as well as on commercial yacht charter and tour contracts.

The nature of the carriage, its route, the capacity of the parties, insurance and the applicable law are assessed separately. Commercial operating permits and consumer claims are reviewed together in the same assessment.

International contracts and disputes

We review together the applicable law, court or arbitration clauses, foreign parties, multi-stage carriage, and the enforceability of decisions.

We assess the effect on the contract of trade sanctions, route closures and cross-border payment problems. Where representation in a foreign country is required, the scope of work with the relevant local lawyers is determined separately.

Maritime investments and corporate transactions

We provide legal support on the incorporation, partnership, share transfers, fleet and operating investments of shipowning or ship operating companies, and on management agreements.

We build a legal work plan for pre-contract review, company resolutions, permits and approvals, security, closing and post-transaction obligations.

For a shipowner or investor abroad, we provide representation in contract negotiations, register applications, transfers and deliveries, and regular reporting, within the scope of a power of attorney and its authority. Depending on the nature of the transaction, we determine at the outset whether personal participation, a special authority or local representation in a foreign country is required.

Digital records and commercial data security

We assess the contractual and evidential aspects of electronic transport documents, agency correspondence, port system records and digital delivery confirmations.

In cases of fraudulent payment instructions, email fraud and data incidents, we support the preservation of records and legal action. The legal effect of an electronic document is assessed according to the system used and the applicable rules.

Preventive corporate counsel

We provide ongoing legal support to maritime businesses on their contracts, formal notices (ihtar), receivables, personnel relations, administrative procedures and management decisions.

Together with the operations, sales, finance and management teams, we handle the flow of notices and documents, and define the scope of regular meetings and reporting in the service agreement.

From first negotiation to transfer, delivery and operation

  1. 01 · Legal review and planning

    The legal structure of the vessel, company or business is reviewed, including register entries, security, existing debts and contracts. Matters requiring technical, financial or tax review are coordinated with the relevant specialists.

  2. 02 · Contract and transaction safeguards

    The sale or investment agreement is prepared, including conditions precedent, payment and security arrangements, the required decisions and approvals, closing documents and dispute resolution provisions.

  3. 03 · Transfer, delivery and post-transaction

    Documentation of the transfer and delivery, register and notification procedures, personnel and operating contracts, and warranty and after-sales claims are followed within the agreed scope of service.

Preventive law alongside operations and management

Alongside the follow-up of individual disputes, we set up a working arrangement for identifying legal risks in the business’s day-to-day decisions in advance. Standard contracts, procurement and agency authorities, insurance notifications and collection methods are reviewed together.

We determine which event, within which period and with which documents, will be referred for legal assessment. Reporting to partners and managers abroad, review of company decisions and an authorization structure are set up according to the scope of the service. Taking up a role in a company body or acting as its representative is separately assessed for compliance with legislation, authority and professional compatibility.

Our approach and acceptance of a matter

Request and initial review

Your need, the party to be represented, the dates of the events and any possible time limits are identified. A conflict-of-interest check is carried out and the necessary information and documents are requested.

Scope and agreement

Attorney fees and service terms are clarified and the agreement is signed. Depending on the nature of the matter, the content of the power of attorney is prepared; the documents, the agreed payment and other obligations are determined.

Acceptance and follow-up

The acceptance and scope of the matter are expressly confirmed, and the follow-up obligation is carried out within that scope. The initial consultation, or the provision of information or documents alone, does not mean that the file has been accepted.

These explanations do not remove obligations arising from an attorney–client relationship established in a concrete matter or from law. If there is an urgent deadline, it must be stated expressly in the first communication.

Documents you may prepare for the first consultation

Vessel, transaction and contract information

  • Vessel name, IMO number if available, flag, register, and owner–operator details.
  • Sale, lease, charter, freight, agency or repair contracts.
  • Bills of lading, cargo documents, invoices, and payment and security records.
  • Policies, P&I documents, and register and mortgage records.

Records of events and disputes

  • A chronology of events, port and vessel movement information.
  • Delivery and damage reports, photographs, expert appraisal and survey reports.
  • Notices of readiness, time sheets and correspondence with the parties.
  • Formal notices, administrative decisions, notifications, dates of service, reported last filing dates, and any court or arbitration documents.

Frequently asked questions about maritime and shipping trade

Which businesses does maritime trade law concern?

Shipowners, ship operators, carriers, cargo interests, shipyards, agencies, port and marina operators each have different legal needs. The specific matter, the party to be represented and the contractual relationship are assessed to determine the approach.

Is a register entry sufficient when buying a vessel?

It is not a sufficient review on its own. Alongside the title and register records, security interests, debts and contracts, transfer conditions, permits and technical condition are assessed separately. Legal review and technical survey complement each other.

Do you provide support for transactions involving foreign-flagged vessels?

The scope of legal support in sale, financing, delivery and operating transactions connected with Türkiye can be determined. The rules of the flag and register state, the competent authorities and any need for local representation are also reviewed.

Are a charter and a bareboat charter the same relationship?

Not every contract is the same. The legal nature is determined by examining the allocation of the vessel, crew, technical and commercial management, and who bears the costs. The title of the contract alone does not explain the allocation of responsibility.

What should be prepared when cargo is delivered damaged?

Transport and delivery documents, damage records, photographs, invoices, correspondence and any expert appraisal reports should be preserved. The time of discovery of the damage and the notice and filing periods should be assessed without delay.

Are demurrage and container waiting charges the same?

No. Claims relating to the vessel exceeding its loading or discharge period and charges linked to keeping containers at or outside the terminal are assessed under different contracts and records.

Can an arrest of a vessel be requested for every claim?

No. The nature of the claim, the statutory conditions, the link between the debtor and the vessel, jurisdiction, evidence and security requirements are assessed. The outcome of an arrest, or a halt to the vessel’s voyage, cannot be guaranteed in advance.

Is a maritime claim the same as a maritime lien?

No. The existence of a maritime claim does not always mean that a statutory lien or priority exists over the vessel. The basis of the claim and the applicable provisions are assessed separately.

Does P&I cover all losses?

No. The liabilities covered, membership or policy conditions, exclusions and notice obligations are taken into account. Hull insurance, cargo insurance and liability coverage do not replace one another.

Must payment be made immediately on a general average claim?

The basis of the claim, the adjustment calculation, the security requested and the carriage contract should be reviewed. Timely assessment is important; the existence of a claim does not require acceptance of every item without question.

Is compensation in a maritime accident unlimited?

Unlimited liability does not arise in every event. The type of claim, the person liable and the applicable regulations may affect the limitation of liability. The scope, exclusions and any fund process, where applicable, are assessed based on the file.

Can a port or administrative inspection decision be challenged?

Administrative or judicial remedies may be considered depending on the type of act. The decision, its date of service, reasons and technical records are assessed. It is not assumed that an objection automatically suspends the act.

If there is an international arbitration clause, can nothing be done in Türkiye?

The scope and validity of the arbitration clause and the available interim legal protection are assessed separately. The substance of the dispute, evidence and security steps may not be subject to the same jurisdictional arrangement.

What does ongoing corporate counsel cover?

Contracts, formal notices, receivables, personnel, administrative procedures and management decisions can be handled within the agreed scope. The fee scope for litigation, arbitration, foreign proceedings and special projects is explained in the agreement.

How can we meet from abroad?

A Zoom or WhatsApp video consultation can be arranged. Please share your country, city, language and local time preference. The appointment is confirmed by stating the date and time in your location together with the date and time in Türkiye; daylight saving time differences are taken into account.

Does the first consultation mean the file has been accepted?

Not by itself. Acceptance is expressly confirmed within the framework of the service and fee terms, the agreement, the necessary authorization, documents and agreed obligations. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

Related legal practice areas

International trade, transport and logistics, companies, contracts, insurance, employment law and tourism activities may be considered in connection with maritime trade. Where your need concerns more than one area, the scope of work is determined together.

This page contains general information. The applicable law and the route to resolution are determined by the circumstances of the specific case. The opening image is illustrative.

Let’s discuss the legal needs of your maritime activities

We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

info@gunesgunes.com+90 531 883 33 88