Proinde

The São Paulo section of the Associação Brasileira de Direito Marítimo – ABDM-SP (Brazilian Maritime Law Association) held its First Congress on Maritime and Port Law in the auditorium of the Santos Trade Association (ACS) on 24 and 25 September 2019. The pioneering event was organised by the Tribuna Group and Proinde was one of the supporters.

Opening of the 1st Congress on Maritime and Port Law by ABDM-SP (Photo: Proinde)

DAY ONE
The Congress was opened by the ACS president, Mr. Roberto Santini, and ABDM-SP president Mr. Osvaldo Sammarco. In the first panel, with the theme “Port Sector Perspectives and the Port of Santos Position in National Logistics”, the president of the Santos Port Authority (Codesp) Mr. Casemiro Tercio Carvalho highlighted the policy adopted by China to conduct its foreign trade, the modernization of the Port of Santos and the need to adhere to new technologies to increase competitiveness and keep up with the automation that is transforming the ports around the world.

Codesp’s CEO Mr. Carvalho addresses the audience (Photo: Carlos Nogueira/AT)

In the second panel, “Maritime Claims, P&I Cover and Letters of Guarantee”, attended by our partner Carlos Augusto as one of the panelists, Mrs. Katia Oliveira, manager of the Rio de Janeiro’s office of the Steamship Mutual, explained what the Protection and Indemnity Clubs are, the work and functions of the International Group of P&I Clubs (IG), the sophisticated structure of its claims-sharing and reinsurance arrangements among its thirteen club members, and the “pay to be paid” rule adopted by the IG Clubs. Mrs. Oliveira also looked at the wide range of coverage afforded by the P&I clubs and gave examples of how they work in practice. She explained the services that P&I clubs provide to their members, including the provision of certificates of financial responsibility (Blue Cards) and letters of guarantee, the availability of club correspondents, attorneys, and experts to provide 24/7 service to ships operating worldwide and loss prevention initiatives.

Steamship Mutual’s Katia Oliveira talks about P&I insurance (Photo: Proinde)

The third panel, presented by lawyer Jose Gabriel Assis de Almeida, addressed “Alternative Methods of Maritime Dispute Resolution – Arbitration and Mediation”. The speaker commented on the regulation just enacted by the Federal Government on new arbitration rules to settle disputes involving the federal public administration in the port, road, rail, waterway and airport sectors. The last panel of the first day, with the theme “Overregulation and legal certainty in the maritime and port sectors”, was presented by Joel Contente, BTP’s executive director, and debated with ABDM member-lawyers.

Proinde’s Carlos Augusto comments on P&I correspondents (Photo: Carlos Nogueira/AT)

DAY TWO
The last day of the event was opened by a brief speech by the president of ABDM Rio de Janeiro, Mr. Luis Felipe Galante, followed by the panel “ANTAQ 18/2017 Normative Resolution and the Regulatory Impact on the Water Sector”, presented by the director-general of the Agência Nacional de Transportes Aquaviários – ANTAQ (National Agency of Waterways Transports), Mr. Mario Povia, who commented on the resolution’s goal and pioneering spirit, and pointed out that it is a welcomed regulation that has been drafted after deep discussions with the regulated sector; it already yields good user feedback and positive results for the economy. ABDM panelists raised the issue of overlapping and unclear rules that create legal uncertainty and drive away potential investors, to whom Mr. Povia assured that the text of the regulation would be revised and adjusted.

Mr. Mario Povia of ANTAQ explains the NR 18/2017 (Photo: Carlos Nogueira/AT)

The second panel of the day, “New Perspectives for the Cabotage”, presented by the director of the Department of Navigation and Waterways of the National Secretariat of Waterways and Ports, Mr. Dino Antunes, who explained the that the Federal Government’s program called ‘BR do Mar’ is set to be launched next month to introduce changes to the legal framework for chartering ships to operate in the Brazilian coastal trade.

ABDM’s Mr. Galante led the third panel on “The Maritime Law in the new Commercial Code” and highlighted the need to update the current Commercial Code dating back to 1850. He said that ABDM participated in the drafting of the new bill and expects that it will be voted by mid-2020 after the National Congress concludes the ongoing social security reform.

The final panel of the event was presented by ABTRA’s executive director Mr. Angelino Caputo and dealt with “The Bali Package for Trade Facilitation and its Impacts on the Maritime, Port and Customs Sectors”. Mr. Caputo affirmed the trade agreement, which currently comprises 162 countries coming together to adopt best practices to streamline the logistics of foreign trade, increase transparency in the relationship between governments and international trade operators, reduce bureaucratic impacts on imports and exports and speed up processes for greater cargo handling and storage efficiency.

Auditorium of the Santos Trade Association ACS (Photo: Carlos Nogueira/AT)