Kincaid | Mendes Vianna Advogados | Brazil | 29 Nov 2023
In the context of maritime disputes, Brazilian courts have long held discussions concerning the effects of subrogation on the insurer. The High Court of Justice (STJ) issued a decision on the transmission of the arbitration agreement to the non-signatory subrogated insurer. In the absence of a binding case law, the question has already been submitted to the STJ in several opportunities, and......
Kincaid | Mendes Vianna Advogados | Brazil | 4 Oct 2023
Bills of lading generally include a provision that elects the jurisdiction and the applicable law for any claims that might arise from maritime carriage. Brazilian courts have always had an intense debate about whether this clause is valid as some courts have rendered decisions acknowledging that the bill of lading is an adhesion contract. A Brazilian court has recently decided on the......
Kincaid | Mendes Vianna Advogados | Brazil | 27 Sep 2023
Brazil is a signatory to the International Convention for the Prevention of Pollution from Ships (MARPOL) and all its annexes, and ithas been in force since 1988. The Brazilian Maritime Standards, issued by Brazilian Navy, help make the commitments assumed through the MARPOL effective.
Kincaid | Mendes Vianna Advogados | Brazil | 15 Mar 2023
In 2022, the National Land Transport Agency published a resolution that provides for the rules for the constitution and operation of an experimental regulatory environment, in which participating legal entities may receive temporary authorisations to test new services, products or regulatory solutions in the land transport sector upon previously established compliance criteria and limits.
Kincaid | Mendes Vianna Advogados | Brazil | 8 Mar 2023
Bill No. 1,584/2021 provides for the recycling of vessels and aims to lay down the framework for safe and environmentally safe recycling. Although Brazil has not signed the 2009 Hong Kong International Convention for the safe and environmentally sound recycling of ships, the bill largely adopts its guidelines.