National & International Logistics, Shipping & Maritime Transportation Law in Turkiye

For multinational manufacturers, global freight forwarders (NVOCCs), international shipping lines, and logistics operators, Turkiye is more than a geographic bridge—it represents a vital, high-volume shipping and logistics hub connecting Europe, Asia, and the Middle East. However, executing cross-border transport requires navigating a complex web of international conventions and strict local rules under Book IV (Transport) and Book V (Maritime Commerce) of the Turkish Commercial Code (TCC) No. 6102.

When cargo is damaged, delayed, or lost, resolving liability is never a simple contractual dispute. It requires immediate, on-the-ground legal action to preserve evidence, file strict statutory notices, and manage the complex intersection of international treaties like the CMR Convention, the Hague-Visby Rules, and the Montreal Convention.

At Kotan & Gökce, we operate as strategic logistics and transport counsel in Western Turkiye—the industrial and maritime core of the Aegean. We represent international shipping lines, freight forwarders, cargo owners, and transit underwriters in managing high-value transport disputes, arresting or releasing vessels, defending against demurrage claims, and securing cargo insurance recoveries.

Strategic Logistics & Maritime Transport Legal Services

We provide comprehensive legal management and litigation defense across the entire spectrum of transport and supply chain operations:

  • Multimodal Transport Contract Engineering: Drafting and auditing international carriage, warehousing, and logistics service agreements (SLA) incorporating Incoterms® 2020 rules.

  • Maritime Cargo & Bill of Lading Disputes: Representing carriers and cargo owners in disputes involving damage, loss, or delay under Bills of Lading, Sea Waybills, and charterparties.

  • CMR (Road Transport) Claims Management: Litigating international road carrier liability claims, customs delays, and transit theft under the CMR Convention.

  • Vessel Arrests & Maritime Liens: Filing urgent court petitions to execute conservatory arrests on vessels in Turkish ports, and defending shipowners against unlawful arrests.

  • General Average & Salvage Representation: Advising on maritime casualties, collision liabilities, salvage operations, and General Average declarations.

  • Logistics Warehousing & Custody Auditing: Structuring secure warehouse leases, cold-storage liabilities, and cross-docking contracts to insulate operators from custody claims.

Operational Realities: The Cargo Damage Claim & Liability Notification Matrix

In international transport law, time is the absolute enemy of recovery. Failing to notify a carrier of cargo damage within strict, non-extendable statutory windows results in a legal presumption that the goods were delivered in perfect condition, effectively destroying your cargo claim.

The comparison matrix below outlines the active liability limits, primary international treaties, and strict notice windows governing transport claims in Turkiye:

Transport ModePrimary Governing Treaty / LawStrict Claim Notification WindowStatutory Carrier Liability Cap
Road (Karayolu)CMR Convention & Book IV of the TCC• Apparent damage: Upon delivery.
• Hidden damage: Within 7 days of delivery (excluding Sundays and holidays).		8.33 SDR per kilogram of gross weight short or damaged.
Sea (Denizyolu)Hague-Visby Rules & Book V of the TCC• Apparent damage: Upon delivery.
• Hidden damage: Within 3 days of delivery at the port of discharge.		The higher of 666.67 SDR per package/unit or 2 SDR per kilogram of gross weight.
Air (Havayolu)Montreal Convention of 1999• Damaged cargo: Within 14 days.
• Delayed cargo: Within 21 days from the date the cargo was placed at disposal.		22 SDR per kilogram of gross weight (adjusted periodically).

Special Drawing Rights (SDR) are calculated based on the daily valuation rates set by the International Monetary Fund (IMF).

Critical Pitfalls in Turkish Logistics & Transport Operations

Failing to Block the "Presumption of Perfect Delivery":

  • When cargo arrives damaged at a local warehouse or port, many consignees accept the container, sign the delivery receipt with a generic signature, and only complain days later. Under the TCC and the CMR Convention, doing this establishes a powerful, legal presumption that the carrier delivered the goods in perfect condition. To defeat this, you must file a formal, written reservation (ihtirazi kayıt) on the delivery documents immediately, or secure an official joint inspection report (hasar tespit tutanağı) on the spot.

The Unlawful Application of Choice-of-Law Clauses in Sea Freight:

  • Foreign carriers often assume that their standard Bills of Lading—stating that all disputes must be heard exclusively before the High Court of London under English Law—will completely block Turkish court actions. Under Book V of the TCC, if the port of loading or the port of discharge is located in Turkiye, Turkish courts regularly override these foreign exclusive jurisdiction clauses, declaring them null and void to protect Turkish cargo interests.

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Underestimating the 1-Year Maritime Limitation Period:

  • Cargo claims in maritime shipping are subject to an incredibly rapid, non-extendable statutory limitation period. Under both the Hague-Visby Rules and the TCC, any lawsuit for loss or damage to maritime cargo must be formally filed within exactly one year from the date of delivery (or the date the goods should have been delivered). Relying on lengthy, amicable email negotiations without securing a formal, written “time-bar extension” from the carrier will result in your claim being permanently thrown out of court.

Treating Freight Forwarders as Simple Intermediaries:

  • Many international firms hire a local freight forwarder, assuming they are only an agent and that the actual carrier carries all liability. In Turkiye, if a forwarder issues their own House Bill of Lading (HBL) or conducts the transport under their own name, they are legally classified as a “De Facto Carrier” (taşıma işleri komisyoncusu) and can be held directly, fully liable for any cargo losses, bypassing the actual transport sub-contractor.

Why Kotan & Gökce?

Hands-On Expertise in the Turkish and Aegean Maritime Gateways

Based in Izmir, our firm is strategically positioned at the commercial center of Western Turkiye’s logistics infrastructure. We bring years of practical, on-the-ground experience managing transport arrests, cargo clearances, and custom delays at the Alsancak Port, Aliağa Maritime Custom Zones, and the Aegean Free Zone (ESBAŞ).

High-Speed Claims Recovery and Defense

We treat transport disputes as high-urgency operations. Whether we need to arrest a vessel to secure a maritime lien, defend a multinational shipping line against a major cargo damage claim, or negotiate an urgent salvage settlement, our team acts within hours to preserve your assets and protect your transit lines.

Integrated Customs and Insurance Alignment

We do not view transport law in a vacuum. Our logistics practice is deeply integrated with our local customs and insurance litigators. We ensure your transport contracts, marine cargo policies, and carrier liability frameworks are structurally aligned to prevent double-taxation penalties and ensure rapid insurance recovery.
Managing complex international shipping lanes, navigating maritime casualties, or defending against carrier liability claims in Turkiye requires precise on-the-ground legal execution. Whether you need to execute an emergency vessel arrest, appeal an unfair customs carriage penalty, or secure full compensation under a CMR cargo claim, our dedicated logistics and maritime lawyers are ready to defend your business.

Protect Your Supply Chain and Defend Your Transport Rights in Turkiye

Contact our transport and logistics attorneys today to schedule an in-depth review of your Bills of Lading, evaluate a pending cargo damage claim, or secure immediate court representation.

Your legal partner in Izmir-Turkiye

Please contact us for consultation. You can reach us via WhatsApp, phone or e-mail.

info@kotangokce.com Mon – Fri 09:00-18:00

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