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Marcos Martins

CASE STUDY - Special Appeal REsp 1.988.894/SP - ARBITRATION CLAUSE

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The cargo insurer is bound by the arbitration clause outlined in the bill of lading.

The Brazilian Superior Court has recently reached a unanimous verdict in a case managed by the SMA litigation team concerning a cargo claim dispute. The court's decision establishes that the cargo insurer is legally bound by the arbitration clause stipulated in the contract for the carriage of goods.

Are Charterparty and Bs/l arbitration clauses binding to cargo insurers in Brazil?

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In this article, we intend to answer this question and present a recent decision by the Brazilian Superior Court of Justice referred as a precedent in two cases handled by Siano e Martins Advogados (SMA), leading to the extinguishing of cargo claims wrongly...

Maximum Amount of Any Security to Release A Ship From an Arrest

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In the light of the 1973 Brazilian Code of Civil Procedure, there was an express rule authorizing the claim for the replacement of the precautionary measure, pursuant to the wording of Section 805. [1] Section 805 was a general rule on the precautionary...