Transport: Shipping in Brazil

Farinon, Carvalho da Silva & Advogados Associados

Farinon, Carvalho da Silva & Advogados Associados' 'knowledge of the ins and outs of the shipping industry is second to none'. It has an excellent track record in shipping and maritime law, having been a mainstay of the market since the early 1970s. The Porto Alegre-based firm is largely focused on admiralty law, including salvage and pollution matters; the firm is notably strong in environmental law. Marine insurance claims and charterparty and bill of lading disputes are also areas of strength. The firm's lead partners are all key figures in the market. Founding partners Roberto Farinon and Ruy Fernando Carvalho da Silva retain active practices, with fellow partner José Augusto Mendes Marques especially focused on marine casualties and P&I matters.

Practice head(s):

Roberto Farinon; José Augusto Mendes Marques

Testimonials

‘Multidisciplinary team, with training in sea, port and customs law. We often use the firm’s assistance with regard to cases involving protection coverage and indemnification (R&I).’

‘We have no need to look anywhere else than Farinon. Their knowledge of the ins and outs of the shipping industry is second to none. It seems there is no area of the industry that they cannot excel in.’

‘This law firm has built a reputation in Brazil for expert, trusted legal advice on all aspects of shipping law and their commitment and personal approach to each client’s specific needs are highly appreciated by our company. Although it is a “boutique” law firm, they have been able to effectively handle a variety of matters to our company and meet all our legal needs as our business evolved, such as shipping, commercial, labour and tax matters.’

‘José Augusto Mendes Marques is an exceptional lawyer. His advice is always succinct and on point. In matters of litigation, José has the ability to read the landscape and predict the direction his opposition will take. José always gets the desired result.’

‘Roberto Farinon is perhaps one of Brazil’s most admired lawyers in the shipping sector and is known for his in-depth knowledge in Maritime Law. Ruy Fernando Carvalho da Silva is also an experienced and well-respected lawyer in the market for his litigation skills and deep expertise in shipping, civil and contractual matters.’

Key clients

Steamship Mutual Management (Bermuda)

Steamship Insurance Management Services Limited

SMIT SALVAGE

Bulkhaul Limited

Boskalis Do Brasil Dragagem E Serviços Marítimos

Frota de Petroleiros do Sul

SINDOP RG (Association of Port Operators of Rio Grande, RS)

Nexus Gerenciamento De Pátios

Saam Towage

Work highlights

  • Advised Smit Salvage throughout the salvage operations of M/V “Stellar Banner”, after the vessel was beached having departed from Ponta da Madeira, Brazil.
  • Provided legal assistance to the owners of the barge “PIRATINI”, and also acted as spokesperson and media contact after the vessel collided with an elevating bridge.

Kincaid | Mendes Vianna Advogados

Kincaid | Mendes Vianna Advogados has a comprehensive, market-leading shipping practice, offering advice on wet and dry shipping matters. The firm represents a mix of shipowners, charterers, P&I clubs and terminal and port operators. Areas of expertise include admiralty claims as well as high-profile charterparty and bill of lading disputes. On the non-contentious side, the firm regularly advises on shipbuilding and financing agreements, as well as charter and salvage contracts. The well-regarded team is largely based in Rio de Janeiro, with Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso, Iwam Jaeger and Lucas Leite Marques all enjoying strong reputations. Newer partners such as Rodrigo Figueiredo da Silva Cotta are also singled out for praise.

Practice head(s):

Camila Mendes Vianna Cardoso; Godofredo Mendes Vianna; Iwam Jaeger

Testimonials

‘Great support and knowledge related to maritime transport, both in relation to the cargoes transported as well as to the navigation and port terminals. The team of lawyers is always updated with respect to standards and projects related to the practical activities and enjoys excellent respect with the authorities.’

‘Lucas Leite Marques, Rodrigo Cotta, Rodrigo Dalhe, Godofredo and Camila Mendes Vianna are always available to provide assistance, have deep knowledge of the maritime area, and act diligently to meet and protect the interests and rights of their clients.’

Key clients

TMS Offshore

Estaleiro Jurong Aracruz

CBO

Otto Candies

Marlin Navegação

CMA – CGM

CELBA – Centrais Elétricas de Barcarena

Hornbeck Offshore Services

Maersk Brasil

Aliança Navegação e Logística

Farstad Shipping Asa

Work highlights

  • Advising Otto Candies on a lawsuit filed against Petrobras, concerning the non-payment of daily rates to clients due to the absence of the respective Chartering Authorisation Certificates (CAAs).
  • Assisting CELBA in regulatory licensing for the GNL regasification terminal it is developing to supply natural gas to its thermal power plant.
  • Representing TMS Offshore in a dispute with Petrobras concerning the early termination of a charter contract.

Escritório Jurídico Carbone

Escritório Jurídico Carbone is a well-regarded maritime boutique with significant links to the shipping market. Based in Rio de Janeiro, it represents P&I clubs, shipowners, and trading and salvage companies on the full range of matters. Artur Carbone is a significant figure in the market.

Castro Barros Advogados

Castro Barros Advogados is highlighted for its 'great capacity in litigation' and 'very thorough and accurate advice'. The firm is a popular choice with shipowners, insurers, reinsurers and port operators. The versatile team handles the full spread of contentious and non-contentious issues, including shipbuilding and charter party contracts, as well as advising on regulatory matters. The team is also well versed in cross-border wet and dry shipping disputes. Olympio Carvalho leads the department, and has strong connections to the industry, both at home and abroad. Other key members of the team include highly rated associate Camilla Werneck and Alexandre Espínola Catramby, who also has a good name for related litigation matters.

Practice head(s):

Olympio Carvalho

Testimonials

‘Extensive experience with other players in the shipping industry. The firm has always made more than one professional available and with this the discussions advanced more quickly.’

‘Great capacity in litigation and international experience. High quality professionals, with very well prepared professionals. Great knowledge of the peculiarities of the navigation market. Excellent customer service.’

‘Castro Barros are able to provide very thorough and accurate advice. Straight to the point and very practical.’

‘Olympio Carvalho – he provides prompt, well thought out advice.’

‘Camilla Werneck excels in the team, always proposing great solutions to our problems.’

‘Alexandre Catramby is a great litigator, with experience in maritime processes.’

Key clients

Brasbunker Participações

Mizuho Sangyo

Navigators Syndicate 1221 at Lloyd’s

Golar Spirit UK

Daiichi Chuo Kisen Kaisha

Norte Marine Indústria, Reparos e Operações Fluviais

Canpotex Shipping Services

Export Import Bank of India

Fugro Brasil Serviços Submarinos e Levantamentos

MUFG Bank – The Bank of Tokyo-Mitsubishi UFJ

Shipowners P&I Club

Work highlights

  • Representing Canpotex in a lawsuit brought by RSA Royal & Sunalliance Brazil (a cargo insurer, currently Seguros Sura) in relation to an alleged cargo shortage.
  • Acting as Brasbunker’s counsel in seven of its largest charter-related lawsuits against Petrobras.
  • Representing Mizuho in a lawsuit brought by Chubb Brazil related to damage to cargo arising from a shipping accident in Singapore.

Mattos Filho

Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados has an impressive shipping practice, which is particularly active on the transactional side, often advising on the sale and acquisition of assets and companies. The practice is led by the well-regarded Nilton Mattos, who handles a mix of corporate, regulatory and contractual matters. The team sits within the wider infrastructure and energy group and brings a holistic approach to clients in various stages of the supply chain, particularly in oil and gas, from the terminals and ports through to the ships.

Key clients

AKOFS

CBO

Compass

Comgás

Ferroport

Fiat (FCA Latam)

Elcano

Hidrovias do Brasil

Hydro

IBP

Maersk Supply Services (MSS)

Oceanpact

PetroRio

Petrochina

SBM Offshore

Valaris

Work highlights

  • Advised CBO in reviewing and negotiating a partnership contract with Wartsila for the installation of a battery pack for hybrid propulsion in CBO Flamengo, Latin America’s first hybrid vessel upgrade project.
  • Assisted Hidrovias do Brasil in its IPO process, which raised R$3.4bn.
  • Assisting IBP in the discussions related to the Bill of Law for cabotage “BR do Mar”.

Pedro Calmon Filho & Associados (PCF&A)

Well-regarded maritime boutique Pedro Calmon Filho & Associados (PCF&A) has established a strong standing in the market, and is noted for its advice to P&I clubs. Pedro Calmon Neto and Henrique Oswaldo Motta are the two main contacts.

Promare | Rabb Carvalho Advocacia

Promare | Rabb Carvalho Advocacia is a well-regarded maritime boutique based in Fortaleza in the northeast of Brazil. The firm has clients from across the country, including shipowners and operators, which it represents in wet and dry shipping disputes, as well as in environmental, personal injury and labour claims. Clients also benefit from a 24/7 emergency response team that has substantial experience in maritime accidents, ship arrests and cargo damage. Senior partner Larry Carvalho enjoys a good reputation. Other key partners include Mariana Félix, who handles labour issues and work-related accidents.

Practice head(s):

Larry Carvalho

Testimonials

They are always available for me when I need them and I need them a lot, because I always want to make sure I am well positioned if there is litigation. Its good to have them by my side because they not only know the law but also know how everything works, how the market thinks, and market updates and insights.

Larry Carvalho has a full vision and knows what is necessary to get the job done. I have never lost a case with them.’

The office is a top-notch boutique that operates across the entire shipping spectrum, with deep experience and pro-business thinking. The office represents a wide range of high-profile clients on complex issues. Particularly recognised for its ability to handle sophisticated disputes arising from charter contracts and other industry-specific agreements, both at the judicial and administrative level.’

Larry Carvalho is one of the lawyers who has the most knowledge of the shipping market and the area of ​​Maritime Law in Brazil! Jeová Costa Lima Neto has wide analytical power, like few others. We are very calm when he is assisting our court case. Mariana Félix has enormous knowledge in the port and maritime areas.

Very prepared and proactive team. They are always up to date with market updates, laws and regulations.’

This firm attends my company in shipping litigation and arbitration – they count with a highly specialised and qualified team and are available on a 24/7 basis.’

Key clients

Galaxia Marítima

Aliança Navegações

The Standard

UK Club

Happag Lloyd

Thomas Miller (Hellas)

Aeris

SP Combustíveis

Marimar

Fertilizantes Tocantins

Aço Cearense

Transglobal

Gard

American P&I Club

Shipowners P&I Club

APM Containers

Work highlights

  • Advising Galaxia Maritima on a dispute concerning an operation agreement for six vessels in the Brazilian oil and gas industry.
  • Advising SP Combustiveis on a $12m demurrage charge.
  • Representing Marimar in several lawsuits against Petrobras.

Shipping Consultoria

Shipping Consultoria is a good choice for maritime law disputes, casualty claims and customs issues. The firm has a good following from clients across the market, including P&I clubs, agents, shipyards and trading companies. Key partners include Fernando Porto Filho and Antonio Francisco Sobral Sampaio.

Siano & Martins Advogados Associados

Siano & Martins Advogados Associados is led by highly regarded founding partners Fabiana Simões Martins and Luiz Roberto Leven Siano. The Rio de Janeiro-based firm advises on a broad range of issues, including casualty, cargo loss and damage, salvage and maritime pollution. The firm acts for several leading shipowners and P&I clubs.

Vieira, Rezende, Barbosa e Guerreiro Advogados

Vieira, Rezende, Barbosa e Guerreiro Advogados has an experienced department focused on the shipping and offshore market. The shipping side of the practice is led by Bernardo Mendes Vianna, who has impressive credentials in admiralty and dry shipping disputes. He also offers strong support on charter and transportation agreements, as well as related regulatory issues. The offshore side is led by Daniela Ribeiro Davila, a key figure in the oil and gas market with over 20 years of experience. Her expertise extends to offshore oil development projects and related maritime matters. Joyce Jacobsen is also noted for her expertise in offshore and regulatory matters. The firm’s strategic alliance with Norway’s Wikborg Rein gives it an edge in international issues. Since publication, Jacobsen has left for Tauil & Chequer Advogados - with effect from November 2021.

Practice head(s):

Bernardo Mendes Vianna; Daniela Ribeiro Davila

Key clients

Posidonia Shipping & Trading

Fertimar Mineração e Navegação

Odfjell Terminals

Amaggi Navegação

Bunge

Sistac – Sistemas de Acesso

The Meco Group (Carina) P&I Club

Gard P&I Club

DNV-GL

TPAR – Terminal Portuário de Angra dos Reis

Work highlights

  • Representing Granel Quimica in a dispute with BCI Brasil China Importadora e Distribuidora over a contract to build and operate a storage terminal within the Santos port area in Alemoa.
  • Representing Odfjell Terminals in a dispute with Tricon Energy and others over a contract to build and operate a storage terminal.
  • Representing Gard/Ocyan in the fallout from a fatal accident on the drillship Norbe VIII (NS-32), which was chartered to Petrobras.

Cescon, Barrieu, Flesch & Barreto Advogados

Cescon Barrieu's shipping practice works out of the firm's infrastructure and project finance group. The bulk of its work is non-contentious, and the team is well regarded for its dry shipping contractual expertise, covering financings, shipbuilding and charter agreements. The firm also acts for several drilling contractors on offshore mandates involving shipyards and oil companies. Rafael Baleroni leads the offshore, shipping and maritime practice, with the highly rated Maurício Teixeira dos Santos handling the infrastructure and project finance side.

Practice head(s):

Mauricio Teixeira dos Santos; Rafael Baleroni

Testimonials

‘Excellent pro-active and experienced team – one of our go-to firms in Brazil.’

‘Mauricio dos Santos is highly experienced and gives very well considered legal advice within a strong understanding of the commercial background. Rafael Baleroni is also very clear in his advice.’

‘We work mainly with Rafael Baleroni and Mauricio Santos. They are both highly sophisticated and very responsive practitioners of the highest order.’

Key clients

Bourbon Offshore Marítima

Magni Partners

Oceanpact Serviços Marítimos

Empresa de Navegação Elcano

Seadrill Limited

ING Bank

ABN AMRO Bank

Kookmin Bank

Nonghyup Bank

The Export-Import Bank of Korea

Industrial Bank of Korea

The Korea Development Bank

Credit Agricole Asia Shipfinance

Work highlights

  • Advising Magni Partners, through its subsidiary Knarr Drilling, on the distressed leveraged acquisition of four drilling rigs in Sete Brasil’s judicial reorganisation.
  • Representing Norskan Offshore, a Brazilian subsidiary of the DOF Group, in a lawsuit against Petrobras regarding an offshore accident.
  • Advised Oceanpact on its expected R$1bn IPO and on two secured debenture offers.

Pinheiro Neto Advogados

Pinheiro Neto Advogados invariably has a strong offering on the non-contentious side. The team regularly advises shipowners, banks and port operators on the full spread of transactional matters, including financings, shipbuilding agreements and joint ventures. Partners such as Marcello Lobo and Ricardo Coelho are particularly active on this front. The firm also stands out on the litigation side, thanks to the expertise of Luis Claudio Furtado Faria, who comes highly recommended for representing clients in shipping disputes, including those involving charterparty claims and maritime incidents.

Testimonials

‘Pinheiro Neto provides a quality service to its clients. The differential is its business organisation, which meets various areas of law and, with this, allows to give the client a broader view of the issues.’

‘The team has real perception of the industry and is very responsive to the legal questions that are presented to them.’

‘Extremely skilled in all areas and with increasing activity in the areas of shipping / maritime law.’

‘Luiz Claudio Furtado Faria has great expertise in maritime law, a focus on results and is extremely dedicated to the causes in which he operates.’

Key clients

Subsea 7 do Brasil Serviços

Mineração Rio do Norte

Saipem do Brasil Serviços de Petróleo

Oldendorff Carriers

Mineração Rio do Norte

Itaú BBA

Modec

Sistac Sistemas de Acesso

IFC – International Finance Corporation

KfW Group

Work highlights

  • Advised Oldendorff Carriers on all issues linked to the salvage operation for the Stellar Banner, a beached vessel carrying 300,000 tonnes of iron ore.
  • Instructed by Subsea 7 to develop a plan to keep the commercial operation of the company’s vessels throughout the Covid-19 pandemic.
  • Advised Saipem do Brasil Serviços de Petróleo on an investigation into a fire that occurred on the FPSO Cidade de Vitória, belonging to Saipem SPA and chartered to Petrobras.

Advocacia Rocha Baptista

Advocacia Rocha Baptista represents a broad range of shipping clients, including shipowners, insurers, agents and freight forwarders. The boutique is well regarded for its disputes practice, where it regularly advises on cargo claims and ship arrests. Arthur Rocha Baptista is one of the main contacts.

Veirano Advogados

Veirano Advogados has an experienced team, particularly for offshore maritime related advice. Its workload often involves advising domestic and international clients on charter and transportation agreements. Clients come from across a broad spectrum including major international lenders, multilateral agencies, shipowners and ship yards. The bulk of the work is non-contentious, and Rio de Janeiro-based practice head Marcelo Mattos is especially active in ship finance for vessels and the construction of oil platforms and shipyards. Rogério Campos is also noted for his expertise in this area, which covers maritime regulatory and offshore oil and gas matters.

Practice head(s):

Marcelo Mattos; Rogerio Campos

Key clients

Safe STS

SBM Offshore (SBM)

DVB Bank SE

Nordic Trustee & Agency

DNB Bank

Compagnie Maritime Monegasque International CMM)

South32

Yinson Production

NIBC Bank

ING Bank

Subsea 7

Work highlights

  • Acted as counsel to DVB Bank as existing facility agent for the finance parties under a senior secured facility agreement (SSFA) entered into with UP Offshore.
  • Acted as counsel to Yinson Production since it first arrived in Brazil on a wide variety of issues, ranging from regulatory and corporate to tax.
  • Advised South32 in relation to a long term cabotage project for Bauxite transportation/shipping, to be developed by ALUMAR, a joint venture formed between mining companies Alcoa, South 32 and Rio Tinto.