Our Solutions
ARB.Legal | Advocacia Rocha Baptista provides consulting, advisory, and legal representation to Brazilian and foreign companies across all sectors of the Blue Economy. We deliver consistent legal support to in-house legal departments, C-level executives, claims managers, marine consultants, and national and international law firms.
We understand the complexity of Brazilian Statutory and Case Law and its critical role in fostering strong, consistent and responsible businesses. As such, our team offers tailored legal solutions and opinions backed by academic qualification and practical experience.
Our solutions include judicial lawsuits and administrative proceedings, audits and project legal management, legal correspondence to P&I, FD&D and H&M insurers, arbitration and alternative dispute resolution.
Maritime
Shipping is at the heart of our practice. Our expertise covers a comprehensive range of maritime matters, including marine casualties and pollution incidents, vessel arrests, general and particular average, cargo claims, and disputes related to charter parties and bills of lading.
We regularly represent Clients before Navy, Port, Immigration, Health, Customs, Labour, Police and Environmental authorities, offering support on all matters related to the nautical and commercial operations of vessels.
ARB.Legal provides end-to-end support in marine casualty cases, including i. Early gathering and review of evidence and testimonies, alongside initial guidance to masters and crews; ii. Preparation to and assistance at Navy’s enquiries and representation before the Maritime Tribunal; iii. Liasing and negotiating with tugs, pilots, salvors, cargo claimants and other stakeholders.
Our team is experienced in handling collisions, groundings, fires, personal injuries, oil spillages, and other critical incidents. We are particularly skilled in developing robust defenses with the support of naval experts and advanced maritime simulations.
At ARB.Legal, handling cargo claims are part of our daily deliveries. Unfortunately, issues such as shortages and wet damage to fertilizers and grains, contamination of liquid bulk chemicals, or damage to containers and project cargoes are far more frequent in Brazilian ports than anyone would prefer.
We routinely analyze cargo claims received by shipowners and P&I Clubs, providing expert recommendations and acting to protect our Clients’ interests. Our team understands that the application of law and local practices – such as the incorporation of jurisdiction clauses and trade allowances – can vary significantly across ports and evolve over time.
With our local know-how, we deliver precise legal opinions and handle cargo claims with strategies designed to minimize risk and costs for our Clients. Whether by liaising with cargo recovery agents and underwriters during settlement negotiations or through litigation, we work to achieve the most favorable outcomes for our Principals.
At ARB.Legal, we offer specialized advice for disputes involving Charter Party agreements and Bills of Lading, focusing on the carriage of goods by sea under Brazilian law.
Our expertise covers issues such as freight and hire payments, Off-Hire disputes, safe port and berth obligations, deviation, seaworthiness, and the cancellation or termination of charter parties. Our team also addresses disputes related to late delivery or misdelivery of cargoes, liabilities and limitations of liability, Law & Jurisdiction issues, as well as laytime and demurrage claims.
Our understanding of Brazilian maritime law and international conventions enables us to provide clear advice and effective representation for shipowners, charterers, carriers, shippers, and consignees. Whether through negotiation, mediation, arbitration, or litigation, we aim at resolving disputes efficiently while ensuring contractual compliance, and minimizing risks and disruptions to our Clients’ operations
Our team handles all aspects of ship arrest, detention, and release, ensuring the efficient and effective resolution of disputes under Brazilian law and relevant international maritime conventions.
We assist shipowners, charterers, insurers, and creditors in navigating the complexities of ship arrest, whether by initiating proceedings to secure claims or defending against wrongful detentions. Our services includes the urgent preparation and filing of arrest applications, liaising with Port State Control (PSC), Navy, Port, and Judicial authorities, and ensuring compliance with procedural requirements to avoid unnecessary delays.
For the release of vessels from arrest, we provide strategic guidance and practical solutions, including the negotiation and provision of security, such as P&I Letters of Undertaking (LOUs), guarantees, bonds, or other financial assurances. Our goal is to resolve disputes promptly while safeguarding our Clients’ commercial interests and minimizing operational disruptions.
In addition to ship arrest and release, our team is highly skilled in the enforcement of maritime claims and arbitral awards, helping Clients recover debts, damages, or other entitlements through judicial or administrative procedures. We also represent Clients in claims for indemnity arising from wrongful arrests, sister-ships’ arrests, or multiple arrests, ensuring their rights are fully protected and pursuing compensation for financial losses incurred.
ARB.Legal offers specialized legal assistance in all matters involving yachts and leisure vessels in Brazil, combining our maritime and corporate expertise with an approach tailored to the needs of owners, buyers, sellers, builders, and brokers. Our team provides strategic guidance at every stage of a yacht’s lifecycle – from acquisition and registration to operation, charter, maintenance, and eventual sale – ensuring security and efficiency in even the most complex transactions.
Our services include pre-purchase due diligence, negotiation and drafting of sale and purchase contracts, financing and mortgage structures, tax and labor consultancy for crew and operations, vessel registration, transfer and flagging, as well as insurance placement and claims management. We also assist with charter and lease agreements, yacht share structures, surveys, refits, marina contracts, and periodic maintenance arrangements.
In the event of accidents, environmental incidents, or disputes, ARB.Legal represents clients in administrative and judicial proceedings, delivering practical and results-oriented legal strategies.
International Trade & Customs
At ARB.Legal, we provide legal consultancy for the negotiation, draft and execution, arbitration and litigation of international sale contracts, with a particular focus on the industrial and agribusiness sectors. Our solutions includes due diligence of foreign companies, export finance consulting, tax compliance and tariff classifications etc.
We assist importers, exporters, and carriers with all legal aspects of cargo clearance, including the resolution of demurrage and detention claims.
Our team also supports companies with Custom’s RADAR registration, access to special customs regimes, collections within Brazil and abroad, release of seized cargoes, and dispute resolution involving sellers, buyers, carriers, and insurers.
Business & Corporate
We offer legal support to our Clients across a wide range of business and corporate matters, with a particular focus on the maritime and port sectors.
Our services include company formation, specializing in the establishment of Brazilian Navigation Companies (EBNs), as well as structuring and advising on mergers, acquisitions, disposals, joint ventures, and partnerships. We assist with ship registration and Brazilian flagging, shipbuilding, crewing, chartering, and the operations of vessels in Brazil.
Our practice extends to contract drafting and negotiation, regulatory and compliance matters, and managing cross-border transactions. Additionally, we offer guidance on sustainability and environmental compliance for shipping companies and port terminals and operators.
Labour
At ARB.Legal, we have a specialized team of lawyers dedicated to providing tailored advice in labour law, addressing the unique needs of shipyards, heavy industries, shipowners, ship managers, and port terminals and operators. We deliver practical and effective solutions to protect our Clients’ interests while promoting compliant and fair employment practices.
Our services includes drafting, reviewing, and negotiating employment contracts for seafarers, shipyard workers, port workers, and administrative staff. We ensure full compliance with domestic regulations and international standards, such as the Maritime Labour Convention. Additionally, we advise Clients on occupational health and safety requirements, assisting with workplace safety compliance and resolving claims related to workplace accidents or injuries.
Our team has experience negotiating and implementing collective bargaining agreements with unions representing maritime, port, and shipyard workers. We represent employers in individual and collective disputes, including wrongful termination claims, wage disputes, workplace accidents, and allegations of discrimination. We also handle disputes involving third-party contractors or subcontractors.
We assist with disciplinary matters, including investigations and hearings for employee misconduct, while providing guidance on social security contributions and compliance with local labour laws. Furthermore, we advise and represent employers during strikes, industrial actions, pandemics, natural disasters, and other operational disruptions.