Landmark arbitration simulation in Santos expands discussion on Maritime and Port Law

The event achieved its objective of bringing the public closer to the arbitration process (Vanessa Rodrigues/AT)

A simulation of an arbitral hearing based on a real accident that occurred at the Port successfully fulfilled its objective of familiarizing the public with the functioning of arbitration and the legal challenges surrounding Maritime and Port Law, according to lawyers Diogo Nolasco and Thiago Miller. The specialists emphasized the pioneering nature of the initiative promoted by Grupo Tribuna , the high technical standard of the discussions, and the event's potential to broaden the understanding of legal professionals, students, and industry stakeholders regarding dispute resolution in the port sector.

An arbitration specialist who represented the shipowner of the vessel Yusho Regulus during the simulation, lawyer Diogo Nolasco stated that the initiative demonstrated to attendees the complexity of disputes arising from maritime accidents. He explained that the purpose was to present, in a practical manner, how arbitral proceedings are conducted, from the parties' submissions to the drafting of arbitral awards by the arbitrators.

"Our objective was to shed light on the arbitral process by showing how it operates in practice, how arbitrators conduct proceedings, and how they substantiate their decisions. At the same time, we were able to demonstrate the complexity of Maritime Law, showing that the same accident may give rise to different legal interpretations and arguments", the lawyer said.

According to Nolasco, one of the simulation's key lessons was to demonstrate that, regardless of the ultimate finding on civil liability, accidents of this nature provide valuable lessons for everyone involved in port operations.

"Even when one of the parties is ultimately found not liable, the accident should serve as a learning opportunity. Everyone involved has a role to play in preventing similar situations from occurring again, particularly when the objective is to strengthen the culture of safety", he emphasized.

He also highlighted the importance of promoting discussions of this nature in Santos, home to the country's largest port complex. "Being able to bring together all these discussions in a single afternoon, precisely in a city that plays such a significant role in Brazil's port sector, demonstrates that the objective was fully achieved. It was an opportunity to bring the public closer to highly technical subjects in a practical and accessible manner", Nolasco concluded.

Relevant initiative

Although he did not serve directly on the simulated arbitral tribunal, lawyer Thiago Miller, a partner at the law firm Ruy de Mello Miller, attended the event and underscored the significance of the initiative. In his view, transforming a highly complex real-life case into a public arbitration simulation represented a rare learning opportunity for legal professionals and law students.

"It is important to recognize the value of this initiative by Grupo Tribuna . Bringing a real case into a simulation like this provides a unique opportunity, especially for students, interns, and professionals who would rarely have access to a discussion of this nature", he said.

The lawyer highlighted the complexity of the work carried out by the specialists responsible for adapting the case to the format presented during the Summit. "We are talking about proceedings that lasted more than 13 years, spanned two jurisdictions, and involved arbitration proceedings in London. Condensing such an extensive body of legal arguments and transforming it into an educational simulation without compromising the legal substance of the dispute was an enormous challenge", he observed.

Miller also praised the work of the partners at LP Law – Lopes Pinto Advogados Associados, who were responsible for the technical design and structuring of the simulated hearing. "They have extensive experience in arbitration and delivered an exceptionally high-quality piece of work. They succeeded in synthesizing a highly complex case and presenting the principal legal arguments in a clear, technical, and balanced manner, greatly enriching the discussion", he emphasized.

In closing, Miller congratulated the lawyers, arbitrators, and organizers involved in the event and expressed his hope that the initiative will continue in future editions. "I hope this is only the first of many such events. The sector benefits whenever it is able to bring specialists together to discuss, in a practical way, issues of such importance to Maritime and Port Law," he concluded.