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Jurisdiction

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Kincaid | Mendes Vianna Advogados | Brazil | 1 Sep 2021

Brazilian courts rule on legal concept of wrongful ship arrest

The Superior Court of Justice recently considered a charterer liable for damages suffered by a shipowner due to the arrest of the latter's vessel in Brazil as security for a claim based on an alleged breach of a charter agreement. As Brazil has not ratified any of the international ship arrest conventions, it can be challenging to construe the Brazilian jurisdiction for a ship arrest to......
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Kincaid | Mendes Vianna Advogados | Brazil | 16 Sep 2020

New bill to develop cabotage trade sent to Congress

More than 20 years since the enactment of Law 9,432/97 (the Navigation Act), a major reform of Brazil's cabotage laws is underway. The federal government, after public hearings and debate, recently concluded the draft of the BR do Mar Bill and sent it to Congress for urgent review. This article examines the bill's main aims and the measures that it proposes to introduce.
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Kincaid | Mendes Vianna Advogados | Brazil | 13 May 2020

Court demands unequivocal proof of insurer's subrogation in damages suit

The São Paulo Court of Appeals recently issued a ruling in a redress lawsuit filed by an insurer against an ocean carrier, confirming the lack of proof of subrogation and disregarding the cargo survey carried out unilaterally by the insurer's surveyor. The case concerned cargo damage which had allegedly occurred during ocean carriage from Shanghai to Santos.
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Kincaid | Mendes Vianna Advogados | Brazil | 8 Apr 2020

Impact of COVID-19 on Brazilian maritime industry

The COVID-19 outbreak has been affecting supply chains worldwide and significantly impacting global trade and the maritime industry, including the offshore sector. As new regulations to handle the COVID-19 crisis have been issued on a daily basis, it is paramount that owners, charterers, traders and port operators keep a close eye on legal developments.
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Kincaid | Mendes Vianna Advogados | Brazil | 1 Apr 2020

ANP publishes consultation notice on third-party access to waterway terminals

The National Petroleum Agency recently published a consultation notice to gather additional information and contributions from the market regarding its draft ordinance on the regulation of non-discriminatory access by interested third parties to waterway terminals (existing or to be built) for the handling of oil, its derivatives and biofuels. The consultation period is 60 days from the date......
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Kincaid | Mendes Vianna Advogados | Brazil | 18 Dec 2019

Is Brazil ready for IMO 2020?

On 1 January 2020 the permissible limit of sulphur in fuel oil used on vessels will be reduced from 3.5% to 0.5% pursuant to the International Maritime Organisation's (IMO's) 2020 regulations (known as 'IMO 2020') in order to improve air quality and protect the environment. With less than one month until the regulations enter into force, how prepared is Brazil for IMO 2020?
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Kincaid | Mendes Vianna Advogados | Brazil | 25 Sep 2019

Ministry of Infrastructure announces programme to encourage maritime cabotage

The Ministry of Infrastructure recently announced a new programme to encourage maritime cabotage. To achieve this aim, the programme will introduce measures to increase the volume of goods transported by cabotage, increase the number of cabotage vessels, increase the competitiveness of Brazilian shipping companies and develop Brazil's shipbuilding industry.
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Kincaid | Mendes Vianna Advogados | Brazil | 18 Sep 2019

Brazil expands its maritime border

In March 2019 the UN Convention on the Law of the Sea's Commission on the Limits of the Continental Shelf partially approved Brazil's April 2015 southern margin request, which will allow Brazil to add 170,000km2 to its continental shelf in addition to its exclusive economic zone. As a result, Brazil will be able to exercise its sovereign rights for the exploitation of mineral resources and......
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Kincaid | Mendes Vianna Advogados | Brazil | 17 Jul 2019

Appellate court rules that subrogated insurers assume same rights and limitations as assureds

A recent Sao Paulo State Appellate Court case concerned a carriage of goods by sea from Port Everglades (United States) to the port of Rio de Janeiro (Brazil). The court's decision sets an important precedent in recognising that subrogation cannot be used to reinstate a right that no longer applies where a rights holder fails to observe a legal requirement. Therefore, subrogated insurers......
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Kincaid | Mendes Vianna Advogados | Brazil | 16 Jul 2019

Appellate court rules that subrogated insurers assume same rights and limitations as assureds

A recent Sao Paulo State Appellate Court case concerned a carriage of goods by sea from Port Everglades (United States) to the port of Rio de Janeiro (Brazil). The court's decision sets an important precedent in recognising that subrogation cannot be used to reinstate a right that no longer applies where a rights holder fails to observe a legal requirement. Therefore, subrogated insurers......
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