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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 | 28 Jul 2021

Is it possible to have a ship-recycling industry in Brazil?

Maritime transport plays a vital role in international trade. However, as with all equipment, vessels have a limited life cycle after which they are no longer useful. There are several opportunities for Brazil to enter the ship recycling market but there are both national and international obstacles that must be considered. Ship recycling can be carried out in a safe and sustainable manner,......
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Kincaid | Mendes Vianna Advogados | Brazil | 26 May 2021

Brazil decides not to renew bilateral agreements on maritime transport with Argentina and Uruguay

Brazil will not renew its bilateral agreements on maritime transport with Argentina and Uruguay, which have been in force since 1985 and 1976, respectively. The main issue addressed by both bilateral agreements was that the movement of goods between the signatory countries' ports should preferably be carried out by ships under the flag of one of the signatory countries. This decision, among......
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Kincaid | Mendes Vianna Advogados | Brazil | 24 Mar 2021

New draft resolution to standardise how container terminals provide basic services

The National Waterway Transportation Agency recently published Notice of Public Hearing 4/2021, soliciting feedback on a draft resolution which aims to standardise how container terminals provide basic services and establish guidelines for the provision of supplementary services. The draft resolution will apply to port facilities that handle or store containerised cargo through a lease or......
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Kincaid | Mendes Vianna Advogados | Brazil | 13 Jan 2021

STJ confirms five-year limitation period for collection of demurrage of containers in maritime transport

In October 2020 the Second Panel of the Superior Court of Justice issued a unanimous decision, on repetitive appeal, establishing that a claim to collect amounts relating to expenses for demurrage previously established in a maritime transport contract (unimodal) is limited to five years by the statute of limitations. This decision ratifies the court's prevailing position on the matter.
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Kincaid | Mendes Vianna Advogados | Brazil | 16 Dec 2020

CNIg amends rule for foreign seafarers in vessels that operate in Brazil

The National Immigration Council recently published Normative Resolution 42, which regulates the granting of residence permits for work purposes where no employment relationship exists in Brazil for seafarers on board vessels or foreign-flagged platforms. The new resolution provides an extensive definition of maritime workers, as well as definitions of non-crew professionals and non-sea crew......
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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 | 8 Jul 2020

ANP amends rule for maritime transport of oil exports

The National Petroleum Agency recently published a resolution regulating the bulk transportation of oil and its derivatives, natural gas and biofuels by water, including deep-sea navigation, cabotage and maritime, port and inland support. According to the new resolution, waterway transportation for export purposes must be carried out by Brazilian companies.
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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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