Turkish Signature in the Contract Workshop of the Global Maritime Sector

The election of Selçuk Sencer Esenyel from Turkey to the Documentary Committee, one of the three main committees of BIMCO (Baltic and International Maritime Council), is considered a major achievement for the Turkish maritime and legal community. With this important development, a Turkish legal expert will now be serving in the "kitchen" where the standard contracts for global maritime trade are prepared.

The BIMCO Documentary Committee operates as a key structure responsible for the preparation and updating of contracts, standard forms, and guidance documents widely used in the international maritime transport sector. The committee plays a decisive role in drafting BIMCO form contracts such as vessel sale and purchase agreements, charter agreements, management agreements, and towing contracts, which are relied upon by thousands of shipowners, charterers, and insurance organizations worldwide.

Turkish Contribution to International Maritime Law Will Increase

In his comments on the subject, Attorney Selçuk Esenyel stated, "It is a great honor and source of pride to represent our country in this committee, which prepares the standard documents used in the maritime transport sector and can be described as the contract workshop of the industry. Due to recent wars and new regulations, the importance of these contracts and the clauses they contain has increased even more. We will now have the opportunity to voice our regional issues more frequently."

Esenyel expressed his gratitude to the Chamber of Shipping and its President Tamer Kıran for their support and trust in this process, emphasizing, "What matters is not just taking on these roles but fulfilling them properly."

BIMCO and Global Maritime Standards

BIMCO, which has been operating since 1905 with its headquarters in Copenhagen, Denmark, is recognized as one of the largest and most influential organizations in the global maritime sector. With more than 1,900 members across approximately 120 countries, BIMCO has a global sphere of influence, undertaking critical roles such as setting maritime standards, increasing efficiency, and providing support to its members.

BIMCO's membership includes approximately 800 shipowner/operator companies and over 1,100 brokers, agents, and other maritime service providers worldwide. The organization represents a significant portion of global maritime trade and plays a pioneering role in establishing many important industry standards.

The Role and Importance of the Documentary Committee in the Industry

The BIMCO Documentary Committee contributes to making international trade safer, more efficient, and more predictable by standardizing the contracts and documents used by maritime trading companies in their daily operations. The committee regularly updates contracts to adapt to changing global conditions and new technological developments.

The committee's most important agenda items in recent years have included contractual clauses and standardization work addressing new needs such as digitalization, climate change, and emission regulations. At the most recent Documentary Committee meeting held in Hamburg in March 2024, important topics were discussed including the updated SHIPMAN (Ship Management Agreement), the Russian Oil Price Cap Scheme Clause, and War Risk Clauses.

Strategic Importance for the Turkish Maritime Sector

For Turkey, surrounded by seas on three sides and located on important maritime trade routes due to its strategic geographical position, the maritime sector is of great importance. Our country is a significant player in areas such as shipbuilding, port operations, and maritime transport.

A large portion of Turkey's foreign trade is conducted by sea. Approximately half of our trade with the European Union is carried out through maritime transport. Therefore, compliance with international standards and regulations in the maritime sector directly affects the competitiveness of the Turkish maritime sector.

In recent years, standards and practices developed by organizations like BIMCO on issues such as emission regulations, environmental protection measures, and digitalization have been shaping the future of the Turkish maritime sector. Regulations such as the EU Emissions Trading System (ETS) directly concern Turkish maritime companies, and rapid adaptation to developments in this area is of great importance.

A Bridge Between Turkish Law and International Maritime Norms

The election of Selçuk Esenyel to the BIMCO Documentary Committee also has strategic importance in terms of harmonizing the Turkish legal system with international maritime norms. While transferring the knowledge and experience he has gained in the international arena to the Turkish maritime sector, Esenyel will also represent the Turkish legal system and maritime practices on a global platform.

Selçuk Esenyel, one of the founders of Esenyel Partners, stated that with this new role, they believe the knowledge of the Turkish legal community in the field of maritime will be more strongly represented on the international platform.

Today's Challenges and BIMCO's Role

Today, the maritime sector faces numerous challenges such as sustainability, emission regulations, digitalization, cybersecurity, and changing geopolitical conditions. BIMCO develops guiding standards and practices to help the industry overcome these challenges.

Recent environmental regulations introduced by the International Maritime Organization (IMO) and the European Union are causing significant changes in the maritime sector. The BIMCO Documentary Committee is developing new contract clauses to adapt to regulations such as the Carbon Intensity Indicator (CII) and Emissions Trading System (ETS).

Additionally, the proliferation of digital documents such as electronic bills of lading (eBL) is creating a major transformation in the maritime sector. BIMCO is also developing standards in this area, contributing to the digital transformation of the industry.

Future Expectations

With the election of Selçuk Esenyel to the BIMCO Documentary Committee, Turkey's international effectiveness in the maritime sector is expected to increase. This role will also contribute to making Turkish maritime law practices more compatible with international standards.

Esenyel's presence on the committee will enable issues and needs related to maritime activities in the Black Sea and Mediterranean regions to be voiced more effectively on a global platform. This will contribute to safer and more efficient conduct of maritime activities in our region.

Leading Figure in Maritime Law: Atty. Selçuk Sencer Esenyel

Born in Ankara in 1983, Selçuk Sencer Esenyel is the son of Retired Brigadier General Ömer Esenyel. After completing his legal education in Turkey, Esenyel pursued a master's degree in England and worked there for a period, emerging as a prominent figure specializing in maritime law for over 15 years.

Having founded Esenyel & Partners Law Firm in Istanbul in 2010, Atty. Selçuk Esenyel now heads a legal firm with over 40 employees and offices in various regions including Istanbul, Ankara, Izmir, Iskenderun, Çanakkale, Mersin, Tekirdağ, Samsun, and Trabzon. Registered with the Istanbul Bar Association, Esenyel specializes in international maritime trade law, marine insurance, vessel purchase-sale and financing, charter agreements, maritime accidents, and marine environmental pollution.

Thanks to his expertise and achievements in the field of maritime law, Esenyel was listed among Turkey's leading maritime lawyers in the Chamber Europe 2022 guide prepared by Chambers and Partners and has successfully represented his clients in many significant international cases. He particularly drew attention with his successful legal work in the rescue operation of Turkish crew members kidnapped by pirates off the coast of Nigeria in 2019.

Married with a daughter, Atty. Selçuk Esenyel expresses his passion and expertise for the maritime sector with the words "I studied law but became a mariner." Believing that maritime law cannot be practiced at a desk, Esenyel emphasizes that being actively involved in the field and thoroughly understanding the industry is the key to success.