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Kincaid | Mendes Vianna Advogados | Brazil | 28 Jun 2022

Shipping in Brazil

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Kincaid | Mendes Vianna Advogados | Brazil | 22 Jun 2022

Direct action against P&I clubs – not in Brazilian courts

Direct actions against protection and indemnity insurance clubs may be a topic for debate in some jurisdictions, but not in Brazil. Despite some court cases, in which cargo owners or insurers have attempted to hold such clubs jointly liable with the shipowner for eventual damages, the Brazilian courts have repeatedly rejected such claims – confirming that direct action should not be admissible.
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Kincaid | Mendes Vianna Advogados | Brazil | 2 Feb 2022

ANTAQ issues new resolution regulating rights and duties of users and shipping companies

The National Waterway Transport Agency recently published Resolution No. 62, which establishes the rights and duties of users, intermediaries and companies operating in offshore support, port support, cabotage and deep-sea navigation. It also deals with penalties for the breach of these regulations. It revokes Resolution No. 18 of 2017 and Resolution No. 7856 of 2020.
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Kincaid | Mendes Vianna Advogados | Brazil | 26 Jan 2022

New cabotage law will require adequate corporate and tax structure abroad

Congress recently enacted Law 14,301/2022, which amends the rules applicable to cabotage transport (ie, maritime transport between Brazilian ports) and creates the so-called "BR do mar" regime. An adequate cross-border corporate and tax plan regarding the location for incorporation of the wholly owned subsidiary may improve the ability to effectively reduce the cabotage costs under the BR do......
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Kincaid | Mendes Vianna Advogados | Brazil | 26 Nov 2021

Ports & Terminals in Brazil

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Kincaid | Mendes Vianna Advogados | Brazil | 10 Nov 2021

ANTAQ's board of directors approves resolution regulating ship-to-ship cargo transfer operations

The National Agency of Waterway Transportation (ANTAQ) recently made a resolution that regulates ship-to-ship transfer operations of oil transport in bulk, oil derivatives, natural gas and biofuels. Resolution 59/2021 will regulate only the activity of ship-to-ship transfer operations, rather than creating any additional requirements, since ANTAQ's current intention is to monitor and......
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Kincaid | Mendes Vianna Advogados | Brazil | 13 Oct 2021

ANTAQ publishes manual for analysis and supervision of detailed engineering designs in port leases

Resolution 52, which introduced the manual for analysing and supervising detailed engineering designs in port leases, recently came into force. The manual was created after the publication of Ordinance 349-SEP/PR in 2014, which regulates article 57 of Law 12.815. The manual covers topics including the requirements for presenting detailed engineering designs, how to analyse detailed......
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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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