Shipping & Transport, Kincaid | Mendes Vianna Advogados updates


Contributed by Kincaid | Mendes Vianna Advogados
Ministry of Infrastructure announces programme to encourage maritime cabotage
  • Brazil
  • 25 September 2019

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.

Brazil expands its maritime border
  • Brazil
  • 18 September 2019

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 other non-living seabed resources in its expanded maritime territory.

Appellate court rules that subrogated insurers assume same rights and limitations as assureds
  • Brazil
  • 17 July 2019

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 assume the same rights and limitations as assureds.

Bill of lading limitation of liability clause accepted by Brazilian courts
  • Brazil
  • 29 May 2019

Bills of lading generally contain a provision that limits carriers' liability to a certain extent if goods are lost or damaged or other claims arise. Such limitation provisions can be used when a merchant fails to declare the cargo's value (which is often the case). A court recently confirmed that if a contracting party can declare its cargo's value in its bill of lading but chooses not to, the limitation of liability clause provided therein can be applied.

Courts confirm claim for unpaid bunker constitutes lien and permits vessel arrest
  • Brazil
  • 08 May 2019

The Brazilian courts recently confirmed that unpaid debts for bunkers supplied to vessels are considered claims with a privileged nature under Brazilian law and thereby permit creditors to obtain security for any debts by arresting vessels in Brazilian ports. This case is one of the first precedents dealing with the application of the Liens Convention 1926 and grants legal safety for bunker suppliers and all other parties that hold credits of a privileged nature under Brazilian law.

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