Welcome

We are a Brazilian law firm specialising in Aviation, Insurance, Commodities, Shipping, Ports & Terminals, and Energy.

LEADERS IN OUR CORE SECTORS

As a sector-focused law firm, we pride ourselves on our deep industry expertise. We are home to Brazil’s largest specialist insurance and aviation practices, with decades of experience acting on the most complex and high-value claims. We advise clients throughout Latin America on a wide range of matters, from commercial disputes to corporate and M&A.

In Cooperation with HFW

CAR operates a cooperation arrangement with HFW – a leading global law firm in the aerospace, commodities, construction, energy, insurance, and shipping sectors, which is ranked by Chambers in the top tier for insurance in Latin America – enabling us to offer seamless local and international advice.

Together, CAR and HFW are uniquely placed to advise clients in Brazil and throughout Latin America on complex international insurance and reinsurance disputes; adjustment of high-value claims; contentious, transactional and regulatory matters.

Main areas of practice
Claims: insurance claim adjustment, including implementation of measures for recovering values; preparation of memoranda and legal opinions related to various types of insurance claims; legal advice to insurers in settling claims and interacting with parent companies located abroad and reinsurers.

Contracts: preparation and negotiation of insurance and reinsurance agreements; preparation and negotiation of co-operation, co-insurance and bancassurance agreements; legal advice on structuring and negotiation of sponsorship and withdrawal projects, merger and demerger of benefit plans managed by pension funds; legal advice on the investment rules set forth by the Brazilian Securities Commission and the National Monetary Council for insurance, reinsurance and private pension companies.

Corporate and M&A: incorporation of insurance, brokerage and health insurance companies; drafting of corporate documents for companies in general; preparation and filing of regulated companies’ corporate acts before regulatory bodies and board of trade; advice on regulatory, tax and exchange issues relating to foreign investments in companies regulated in Brazil; follow-up on incorporation, transfer of corporate control and restructuring procedure of insurance and private pension companies; due diligence on target companies for acquisition; advice on acquisitions, consolidations, mergers, spin-off, joint ventures and divestitures of regulated companies; advice on transfers of insurer’s portfolios.

Insurance, reinsurance and private pension fund: assistance in insurance regulatory issues for insurance companies (mainly subsidiaries of foreign insurers); creating, revision development and negotiation of new insurance products emphasising Financial Lines products such as D&O, E&O, IMI, PFI, performance and completion bonds, among others), reinsurance and private pension products, including follow-up for obtaining the relevant approvals before government agencies; contact with the Brazilian insurance regulatory authority – Susep, Previc, ANS and the Central Bank of Brazil – Bacen; structuring of insurance transactions and loans with surety; in-company training on new products and regulations relating to the insurance, reinsurance and private pension market; legal advice on setting reserves based on lawsuits and administrative proceedings; drafting of memoranda and legal opinions on insurance, reinsurance and private pension-related matters.

Litigation: assistance for insurance and reinsurance companies in complex cases involving different lines of insurance and reinsurance business; defense of insurance and reinsurance companies and its directors and officers in administrative proceedings filed by SUSEP; legal advice on actions for recovery under insurers’ and reinsurers’ subrogation rights (including collateral enforcement); legal assistance in commercial and civil matters in judicial and arbitral disputes related to commercial contracts, civil liability, enforcement of contracts, insurance, reinsurance, consumer law (administrative and judicial proceedings) and administrative law; large experience in class actions and the retail market.

CLAIMS REGULATION

• Aircraft Accidents/Incidents
• Death/Bodily Injury
• Collision
• Baggage/Cargo
• War, Terrorism and Related Risks

CONSULTANCY

• Mergers and Acquisitions Consultancy
• Consultancy on the Internationalisation of Operations
• Drafting and Reviewing Aviation Clauses

CRISIS MANAGEMENT

• Emergency Response Plans
• Media response
• Liaising with Public Authorities (Ministry of Justice, Regulatory Agencies, Public Prosecutor's Office, Public Defender's Office, etc)
• Development of Alternative Dispute Resolution Methods
• Aeronautical Accident Training and Simulations

CONTRACTS

• Operational/Financial Leasing
• Import/Export of Aircraft and Equipment
• General Conditions of the Air Transport Contract
• Codeshare Agreement
• Strategic Alliances Agreement
• Ground Handling Agreements
• Contract for the Shared Use of Aircraft
• Hangar and Airport Use Agreement
• Technology Development Agreement (including eVOTLs and drones)
• Satellite Construction and Launch Agreement

DISPUTE RESOLUTION

• Representation in Strategic Litigation - Multijurisdictional Disputes, Class Actions (((Public Civil Actions))), Parliamentary Commissions of Inquiry
• International Mediation and Arbitration
• Negotiation and Resolution of Contractual Disputes
• Representation in Insolvency and Judicial Recovery Cases

REGULATORY

• Airport Bidding and Public Tenders
• Licensing of Regular and Non-Regular Operations
• Advice on Environmental and Sustainability Issues
• Compliance with ANAC Regulations
• Administrative defence at ANAC and JJAER