The Arrest of ships in private international law

In Turkish Law, the arrest of ships has gained a new regulation with the entry into force of the Turkish Commercial Code No. 6102 in 2012 and the International Convention on the Arrest of Ships 1999 in 2019. It is of utmost importance that the new regulations on the subject are studied in the discipline of private international law as well as maritime law and execution and bankruptcy law. The subject of our study covers many separate proceedings; -especially the nature of the jurisdiction of the arrest courts in the process until the arrest turns into a final attachment- including the content and implementation of the arrest proceedings, the objection proceedings to the arrest, the lawsuit on the merits of the maritime claim and the lawsuit for compensation due to wrongful arrest. In each of these proceedings, the international jurisdiction of Turkish courts as well as the applicable law issues come to the fore. Apart from these, our study comparatively analyses the provisions of both the Turkish Commercial Code and the Convention in relation to the issues of the international preliminary issue and recognition and enforcement. In addition to the international procedural law provisions in the Law No. 5718 on Private International Law and Procedural Law, the Turkish Commercial Code and the Convention also contain certain special provisions, especially on the issues of security and recognition and enforcement. In this respect, rather than focusing on one or a few problems, our study is the product of a holistic approach that starts with the birth of the maritime claim and the request for arrest and includes the process until the conversion of the arrest into a final attachment. The sale of the ship abroad and international commercial arbitration are left out of the scope.