The Brazilian Civil Code of Procedure, enacted in 2016, mandates in Article 246, paragraph one, that all companies must maintain updated information in the court's electronic system to facilitate the electronic service of summons. This provision of the...
Knowledge Bank
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.
Based on the presentation at the XIV MARITIME LAW WORKSHOP of the Maritime Court (now available on Youtube*) Cases of abandonment of crews reported to IMO/ILO have risen after COVID and although a direct linkage is considered unclear [i] ,...
Hereinbelow is a resumed version in office translated form of a Resolution (RDC 584 dated 08/12/2021) recently published by Port Health Authority ANVISA. The Resolution basically establishes protocols and procedures to be followed, legitimizing ANVISA...
On 14th October, 2020, Resolution No. 42/2020 of the National Immigration Council (CNIg) was published. This rule changes Normative Resolution No. 6/2017, regarding residence permits for seafarers and other professionals who work on board vessels and...
New immigration controls for seafarers entering Brazil have now been put on hold according to a recent draft directive. In November 2020, foreign crew were being fined because they were in Brazil without a visa and without an ILO 185 SID. This was...
SMA has boosted its partnership ranks with the announcement of two new Partners. The announcement highlights the firm's continued commitment to the expansion of its offering in support of its positioning as leader in the market for international...
In 2016/2017 Brazil lost 6 additional positions in the ranking of the most competitive economies in the world, falling to the 81 st place – the worst position ever reached in the competitiveness ranking prepared since 1997 by the World Economic Forum....
ILO Convention 185 came into force in Brazil in December 2015, gained momentum in November 2019, when consolidated by Decree 10.088 and is now being put in practice by the Federal Police (immigration) as a consequence of article 11 of Resolution 42 issued by...
Action to be expected of the Port Health Authority (ANVISA) With the outbreak of the coronavirus, recently declared by the WHO as a global health emergency, Brazil has been adopting control measures for possible assistance in cases of suspected...
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...
15TH NOVEMBER 2004 Some 15 years ago the methanol tanker Vicuna, while anchored in the Paranaguá (PR) Bay in Brazil, was engulfed in an explosion from an undetermined source. The result the tragic death of 4 people, total loss of the ship and much of...
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...
Maritime Lawyer, Member of Law Firm SMA, Master of International Law and Economic Integration from UERJ, Full Member of the International Maritime Committee - WCC, Guest Professor of Maritime Law, University of Southampton, United Kingdom. Abstract: The...
Chief of Navy Admiral Ilques Barbosa Junior and all authorities already nominated by the President of the Maritime Court What a joy to be able to gather around the festivities for the 85th anniversary of the Maritime Court in this special year of 2019, when...