Shipping & Transport, Kincaid | Mendes Vianna Advogados updates

Brazil

Contributed by Kincaid | Mendes Vianna Advogados
Brazil takes first steps to comply with IMO's 2020 sulphur emissions cap
  • Brazil
  • 20 March 2019

In 2016 the International Maritime Organisation approved a reduction of the maximum amount of sulphur that can be contained in ships' fuel oil by January 2020. The National Agency of Petroleum, Natural Gas and Biofuels recently initiated a public hearing to obtain feedback on its proposal to amend Resolution 52/2010 in order to comply with the new requirements. Some parties expressed concerns about the changes, mainly due to the increase in costs in an already difficult economic environment.

New draft law mandates additional passive safety equipment
  • Brazil
  • 26 September 2018

Two members of Parliament recently presented a draft law that would mandate the installation of additional passive safety equipment for new boat engines and factory outlets. The draft law builds on previous legislation which sought to reduce the large number of serious accidents between vessels and the North Region's riverside inhabitants. Legislators await a congressional order to define the committees that will analyse the draft law and its procedural arrangements.

ANTAQ approves regulatory agenda for biennium 2018-2019
  • Brazil
  • 19 September 2018

The National Agency for Waterway Transportation recently published Resolution 6,235, approving the agency's regulatory agenda for the 2018-2019 biennium. The regulatory agenda aims to inform the regulated sector and society at large about the agency's main regulatory issues for the biennium.

Arrest of vessels: Brazilian courts lack jurisdiction in foreign contractual dispute
  • Brazil
  • 05 September 2018

A court recently confirmed the Brazilian courts' lack of jurisdiction to judge a claim brought by a foreign bunker supplier against a foreign shipowner and operator seeking arrest of the debtor's vessel while calling at a Brazilian port. The decision sets an important precedent and should help to prevent ungrounded arrest claims, as it clarifies that it is paramount to carefully analyse all of the risks involving an arrest lawsuit in Brazil before taking any action in order to avoid unnecessary exposure.

Court finds P&I club not directly and jointly liable for associate shipowners' debts
  • Brazil
  • 22 August 2018

The Sixth Civil Chamber of the Rio de Janeiro State Court of Appeals recently decided that a protection and indemnity (P&I) club was not liable for an associate shipowner's debts. In its decision, the court distinguished the P&I club from insurers operating in the Brazilian insurance market. This decision is paramount because it creates an important court precedent regarding P&I clubs' liability for the damages caused to third parties by their associates.


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