Kincaid | Mendes Vianna Advogados
THE FIRM This traditional firm was founded in 1932 and is particularly active in oil and gas, infrastructure, insurance and reinsurance, and arbitration and litigation matters relating to the shipping sector. The team advises clients on all aspects of maritime law, and its client portfolio includes national and international bodies such as trading and oil companies, port operators, shipyards and banks. Representative clients to date include Hornbeck Offshore Services, Deep Sea Supply Navegação Marítima, Jurong Shipyard and Gulf Mark.
Sources say: "We wouldn‘t hesitate in recommending their services."
KEY INDIVIDUALS Godofredo Mendes Vianna leads the firm‘s department and is an authority on maritime law, according to sources.
Person profile submitted by Godofredo Mendes Vianna (Kincaid | Mendes Vianna Advogados - Rio de Janeiro - RJ).
Practice Areas: Mr. Mendes Vianna has longstanding experience in litigation, with emphasis on shipping matters. His Litigation Practice is mainly centered on shipping activities, including shipbuilding financing, naval mortgages, shipbuilding contracts, affreightment contracts, insurance, recovery claims, arrest of ships, particular and general average, oil pollution, salvage, labor and personal injury claims, acting on behalf of clients before the Civil, Labor and Federal Courts, Admiralty Court, Port Captaincy and ANTAQ (Federal Agency for Waterways Transportation).
Professional Memberships: He is a Member of the Brazilian Bar Association. He is also a member of the Danish-Brazilian Chamber of Commerce. He is also a Member of the International Bar Association (IBA) and a regular speaker at the Transport and Shipping Committee of the IBA and at other international bodies. He is the Coordinator Professor of the Post-Graduation Course on Maritime Law at Fundação Getulio Vargas - FGV. He is a Professor at the MBA program in Shipbuilding and Offshore Industry of UFRJ/ COPPE. He is the Chairman for the Maritime Law Committee of the Brazilian Bar Association (2013-2016) of the Brazilian Bar Association (Rio de Janeiro Section).
Career: Mr. Mendes Vianna is senior partner of law offices Kincaid | Mendes Vianna Advogados, a traditional Brazilian law firm established in Rio de Janeiro in 1932. He joined the Kincaid in 1987 and became a Partner in 1993.
Publications: Maritime Law Handbook - Arrest, Registration, Mortgages and Enforced Sales of Vessels / Maritime and Transport Law Committee of the Section on Business Law of the International Bar Association / Kluwer Law International - co-author. Article: “ How is the Brazilian shipping industry modernizing its financing system after a staggering growth?”, co-author, for Euromoney Yearbook – Shipping Finance Review 2012/2013; The 2012 Shipbuilding and Shipping Edition for “Getting the Deal Through” (Law Business Research) and several articles published in the ILO - International Law Office.
Personal: Mr. Mendes Vianna received his law degree from the Pontifícia Universidade Católica do Rio de Janeiro in 1990.
Managing partner Camila Mendes Vianna Cardoso has an accomplished name in the sector, and regularly advises clients on the corporate and financial aspects of their shipping needs.
Person profile submitted by Camila Mendes Vianna Cardoso (Kincaid | Mendes Vianna Advogados - Rio de Janeiro - RJ).
Practice Areas: Mrs. Camila Mendes Vianna Cardoso has longstanding experience in litigation, with emphasis on shipping matters, acting for shipyards, shipowners, charterers, insurers, P&I clubs and transportation agents, Camila has advised on many financing projects of construction, loans for building vessels and shipyards, private port recent projects in Brazil, corporate restructure.
Professional Memberships: She is a Member of the Brazilian Bar Association, the Brazilian Association of Maritime Law, Board member of Norwegian Brazilian Chamber of Commerce, American Chamber of Commerce, France Brazil Chamber of Commerce and Brazil Germany Chamber of Commerce, the Ibero American Institute of Maritime Law, the International Bar Association and Speaker at seminars in Brazil and abroad on Maritime and Comercial Law.
Career: Mrs. Camila Mendes Vianna Cardoso is senior partner of law office Kincaid | Mendes Vianna Advogados – one of the most traditional law offices in Brazil, founded in 1932 – with extensive experience in shipping, international trade transactions, commercial, corporate, insurance, oil and gas, infrastructure and litigation areas.
Publications: Author of several articles on the maritime and oil and gas industries, published in specialised magazines and newspapers in Brazil and abroad.
Personal: Mrs. Cardoso received her law degree from the Pontifícia Universidade Católica do Rio de Janeiro, holds an LLM in maritime law, marine insurance, carriage of goods by sea and international law of natural resource from London School of Economics and has completed the Leadership in Law Firm Program at Harvard Law School. She‘s fluent in English, Portuguese and Spanish.
Iwam Jaeger Jr comes recommended for his experience in shipping-related disputes, and has acted in cases regarding port terminals and operators, shipyards, cargo shippers and consignees, and cargo and passenger sea carriers in the past.
Person profile submitted by Iwam Jaeger Jr (Kincaid | Mendes Vianna Advogados - Rio de Janeiro - RJ).
Practice Areas: Mr. Iwam Jaeger Jr has 30 years of experience in disputes involving insurance underwriters and companies, assureds and foreign reinsurers, trading companies, importers and exporters, drilling companies, shipowners and charterers, including legal consultancy in commercial and civil contracts involving companies in general - Insurance, Maritime Law and Foreign Trade.
Professional Memberships: He is Member of the Brazilian Bar Association, Ibero American Institute of Maritime Law-IIDM - Member of the IIDM Brazil, London Maritime Arbitration Association - LMAA as Supporting Member, Listed arbitrator for the Fundação Getulio Vargas Arbitration and Conciliation Chamber, Brazilian Maritime Law Association, International Bar Association (IBA), Member of Brazilian Arbitration Committee – CBar and speaker at seminars in Brazil and abroad on Maritime and Insurance Law.
Career: Mr. Jaeger Jr is Partner of Kincaid | Mendes Vianna Advogados since 1990.
Personal: Mr. Jaeger Jr is graduated in law from Fundação Universidade do Rio Grande-RS, post-graduated in Corporate Law from FVG/RJ - INDIOPU - 1983 (Latu Sensu), post-graduated in Company Law from PUC/RJ - IAG-Master - 1995/1996 (Latu Sensu) and Professor of Commercial Law at PUC/RJ - 1998/1999.
Firm profile submitted by Kincaid | Mendes Vianna Advogados
• Managing Partners: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso
• Senior Partners: Iwam Jaeger Jr, Marcio Malta
• Number of partners: 4
• Number of other lawyers: 40
Firm Overview: Established in 1932 in Rio de Janeiro by a US-born lawyer called Carl Kincaid, jointly with other Brazilian lawyers, the law office Kincaid | Mendes Vianna Advogados was originally structured to provide legal assistance to foreign companies that at the time were beginning to invest in Brazil.
In 2012 Kincaid | Mendes Vianna Advogados celebrated 80 years of existence.Throughout this period, the firm consolidated its experience in civil, commercial, corporate and tax law and, notoriously, in maritime, insurance and reinsurance and international law, with na emphasis on litigation and arbitratrion growth of oil and gas industry in Brazil, the office has expanded its presence in emerging markets such as energy, infrastructure and environment.
Based in Rio and with branches in Sao Paulo, Brasilia and Vitoria, Kincaid | Mendes Vianna Lawyers operates through a network of correspondents and associates in Santos, Belo Horizonte, Porto Alegre, Rio Grande, Itajaí, Florianópolis, São Francisco do Sul, Paranaguá,Curitiba, Salvador, Recife, Natal, Fortaleza, Belém, São Luis and Manaus. The firm It also provides services to several foreign law-firms, mainly European and American ones, as mostof it lawyers are fluent in English, French and Spanish.
Main Areas of Practice:
Longstanding experience in shipping, including sea carriage of cargo and foreign trade in general, rendering sound legal advice to shipowners, charterers, carriers, P&I clubs, insurers, maritime agents, terminals and port operators, shipyards, trading companies, shippers and consignees, among others.
Experience in admiralty law, which is interconnected with commercial, civil, tax, corporate, insurance, environmental, administrative and litigation areas. As a result of these specialized activities, the office has an experienced team of lawyers, correspondents and experts at the main Brazilian and foreign ports, enabling immediate assistance to clients.
Oil & Gas:
Extensive experience in respect of oil, gas and energy, rendering legal and strategic advice and services to the players and entities performing activities in these business segments in Brazil and abroad, including the analysis and drafting of agreements, due diligence, assessment, strategy and risk analysis regarding business opportunities, market assessment and negotiations. Longstanding practice relating to:
• Exploration and production segment (Upstream),with emphasis on onshore and offshore drilling and production equipment and operations
• Offshore drilling and production platforms
• FSO, FPSO and LNG units
• Pipelines, tankers and terminals, oil refining and gas processing (Midstream), including LNG plants, terminals and vessels, including charter and construction
• Distribution and retail sales (Downstream)
• Bidding processes, concessions and authorizations by the National Agency for Petroleum (ANP),Natural Gas and Biofuels
• Fiscal benefits (REPETRO)
Contracts & Documentation:
Analysis and advice on bidding processes and announcements in respect of oil, gas and energy business opportunities in Brazil. Drafting, analysis and negotiations of contracts used in connection with all the activities described above, including concession and production sharing agreements, joint bidding and joint operating agreements, gas sales agreements, farmin/farm-out deals, gas lifting and balancing agreements, unitisation processes, drilling and completion services contracts, charter and operation agreements, energy generation, transmission and supply agreements, EPC contracts, lease,mortgages, pledges, guarantee and loan agreements, franchising and know-how transfer agreements, and commercial representation.
Assistance to Brazilian and foreign investors interested in participating in Brazilian infrastructure projects, analysing tax, financial, environmental, contractual, and corporate impacts, and regulatory issues involving public tenders, bids, concessions, permits or authorisations, especially in those involving transport, roads, railroads, ports, terminals, airports, shipyards, basic sanitation and water distribution.
Insurance & Reinsurance:
Legal consultancy and assistance on insurance and reinsurance legislation and administrative acts by SUSEP and related government agencies; analysis of insurance and reinsurance policies; insurance investigations, monitoring of loss adjustments and recoveries; incorporation of insurance and reinsurance companies; administrative and judicial litigation, and with the assistance of loss adjustors, experts and specialized law firms abroad.
Assistance in setting up companies in general, especially corporations and limited liability companies, tailored to meet clients’ specific needs, establishing the most appropriate type of company, particularly in relation to the power structure and administration.
Legal advice in matters relating to corporate reorganization in mergers, acquisitions, split-offs and takeovers. Solid experience in drafting other types of contracts and corporate documents, such as memoranda of understanding, share purchase and sale agreements, quotaholder and shareholder agreements, joint ventures and consortia, foreign investiments and registration at the Brazilian Central Bank.
Due diligence, including acquisition, sale or fund canvassing procedures on the domestic and international markets, and eventual analysis of contingencies and proposing remedial measures.
Drafting and analysing commercial and civil contracts, including purchase agreements, commercial representation, agency and distribution, concession agreements, franchise and transfer of know-how, operational agreements, charter parties, vessel building agreements, contracts of carriage, leases,mortgages, pledges and guarantees.
Legal counsel in the general consultancy and tax planning area,with presentation of legal alternatives to maximize tax economy in the structuring of activities or in operations, as well as analysis of tax implications resulting from new businesses structuring, foreign investments, restructuring transactions and operations, acquisitions,mergers, split-offs and company takeovers.
The firm also represents our clients in the tax litigation area, both in the administrative proceedings sphere,with expertise before the States and Municipalities, Finance Ministry Taxpayers Councils, as well as in the judicial sphere,with full capacity for providing legal support to lawsuits in order to achieve the strict amount due for taxes and questioning the legitimacy of improper charges.The expertise of the firm in this such area also includes due diligence contingency analysis and tax procedure pre-emptive analysis.
Actively involved in domestic and international arbitration,with extensive experience in applying arbitration rules, such as UNCITRAL, ICC,FGV, FIRJAN and ABDM,and in enforcing foreign arbitration awards in Brazil
Longstanding tradition in proceedings at several court levels (Court of Appeals and Court of Justice, Federal Regional Courts, Superior Court of Justice and Supreme Federal Court) as well as at all administrative instances of the several government bodies.
Legal assistance relating to several types of real estate transactions, including sale, puchase, swap, ownership transfer due to corporate transactions, real estate incorporation, rental (shopping centres included), payment in kind and satisfaction, and mortgage.
Legal structuring and advice, seeking approval of joining and disjoining of land projects, division of areas into lots and construction of commercial, residential and multi-purpose building.Compliance with the requirements of the General Real Estate Register (RGI) and with the Federal Government Asset Agency (SPU).
Solutions to legal issues with identification of opportunities and risks, gathering all information needed for decision-making by our clients. Fully customized assistance as far as preventive issues are concerned of individual and collective right, as well in litigation issues in the administrative and judicial spheres.
Our professionals are trained to provide advice on, Legal opinions and drafting of documents; Projects sales of businesses, mergers and acquisitions; Collective bargaining; Evaluation of labor liabilities; Issues relating to maritime and port activities.
Legal consultancy in environmental issues; legal opinions; defence work in court proceedings; defence work in administrative proceedings initiated by the competent entities; processing of Adjustment Terms (TAC) before the environmental authorities and the Public Attorney; emergency legal support relating to accidents (pollution); environmental due diligence; legal assistance in preparing environmental impact reports (EIA and RIMA) and obtaining environmental certificates and licenses.
Airport Infrastructure and Airline Companies Related Assistance. Legal assistance in bid processes related to the airport segment in general, during the planning phase for acquisition of areas destined to airport infrastructure, as well as for obtaining authorizations and licenses required for acquisition, construction, operation, and management of airports/heliports. Aircrafts related assistance, extensive experience in evaluating purchase and sale transactions of aircrafts, ensuring aircrafts´ compliance with documentary and regulatory requirements. Assistance in documentary or procedural requirements along with Aeronautical Authorities, including but not limited to ANAC; Interface with Federal, State and Municipal authorities.
LANGUAGES: English, French, Portuguese, Spanish
Shipowners, trading companies, oil companies, suppliers to the oil and gas sector, insurance companies, P&I clubs, port operators, shipyards and banks.
• Av. Rio Branco, 25,
• 1º, 2º e 15º andares,
• Rio de Janeiro - RJ,
• Rio de Janeiro
• Tel +55 21 2276 6200
• Fax +55 21 2253 4259
• Website : www.kincaid.com.br
• Rua Vergueiro, 2087-5th Floor-CJ,
• São Paulo - SP,
• Sao Paulo
• CEP 04101-000
• Tel +55 11 3045 2442
• Fax +55 11 5084 5913
• SHS, Quadra 06, Conjunto A,
• Bloco E, Sala 918,
• Ed. Brasil XXI,
• Brasília - DF,
• Distrito Federal
• CEP 70322-915
• Tel +55 61 3039 9232
• Fax +55 61 3039 9135
• Av. Professor Almeida Cousin, 125,
• Ed. Enseada Trade Center. ,
• Salas 1202, 1203 e 1204. ,
• Enseada do Suá,
• Vitória - ES,
• Espirito Santo
• Tel +55 27 3201 4775