Event brings together legal experts for mock arbitration hearing on a real accident at Port of Santos

Panamanian vessel Yusho Regulus drifted in the Santos navigation channel on September 15, 2012 (Bruno Miani/AT/Archive)

Grupo Tribuna will host, this Tuesday (21), starting at 1:30 p.m., the Summit Direito Marítimo, Portuário e Aduaneiro 2026. The event features an unprecedented initiative: a mock arbitration hearing based on the accident involving the vessel Yusho Regulus at Port of Santos in 2012. The case gave rise to judicial and arbitral disputes that have lasted for years in Brazil and England. The event will bring together experts and invited guests at the company's auditorium in Paquetá, Santos.

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The case

The Panamanian vessel Yusho Regulus drifted in the Port of Santos navigation channel in the early hours of September 15, 2012, at approximately 1:15 a.m., after being struck by a wave generated by the passage of another vessel. Carrying 66,000 metric tons of soybeans bound for China, the ship sustained damage, although there were no casualties. The incident, however, resulted in legal disputes across multiple jurisdictions (Brazil and England) spanning nearly 14 years.

The proposal

According to attorney Thiago Miller, partner at Ruy de Mello Miller (RMM) Advocacia, the initiative aims to immerse the audience in an arbitration hearing, a dispute resolution mechanism designed to provide faster and more specialized outcomes than ordinary court proceedings.

"The full dynamics of a private arbitration hearing will be recreated, including the presentation of the case and the oral arguments by counsel representing the parties involved. The arbitration has been divided into three sessions, with audience participation at the end", explained Miller.

Rafael Ferreira and Marcel Stivalleti, partners at RMM, were involved in most of the legal proceedings arising from the accident and will represent, in the mock arbitration, the port terminal that suffered the greatest losses as a result of the incident.

"This case illustrates how a maritime accident can trigger a chain of consequences: it involved disputes with exporters, difficulties in obtaining bills of lading, damaged cargo, contractual disputes, and arbitration proceedings throughout both the sale and purchase chain and the chartering chain. For the mock hearing, we developed an academic case study focusing on three current and highly relevant legal issues affecting the sector", said Ferreira.

According to him, the first issue to be debated is whether the arbitration proceedings may continue or should await a ruling by the Tribunal Marítimo, the administrative body linked to the Marinha do Brasil. The discussion will then turn to liability for the accident — whether it rests with the vessel, its master, another vessel involved in the maneuver, or even the port terminal itself. "Finally, the specialists will examine whether any damages awarded may be subject to limitation under the international conventions governing maritime navigation", Ferreira explained.

Stivalleti emphasized that bringing a case of this magnitude to the Summit provides an opportunity to discuss the complexity of civil liability in the maritime and port environment. "Our objective, in representing the terminal during the simulation, is to demonstrate how robust legal arguments are developed to mitigate enormous losses arising from real-world incidents."

Also from RMM, attorney Gabriel Leite added that the final stage of the arbitration hearing will address the limitation of civil liability. "If the arbitral tribunal finds that the vessel is liable for the accident, the discussion will then focus on whether the damages may be subject to a liability cap. Our position is that Brazilian law should prevail, ensuring full compensation for all losses sustained by the terminal", he stated.

The event will also feature Eliana Octaviano, professor and specialist in Maritime Law, serving as President of the Arbitral Tribunal; Frederico Messias, presiding judge of the 4ª Vara Cível de Santos, acting as a civil law and civil procedure expert; and attorneys from LP LAW – Lopes Pinto Advogados Associados. Diogo Nolasco and Lucca Cortez will represent the vessel's operating company during the mock arbitration hearing.