Specialized dispute resolution services

With the challenges posed by the growing speed of commercial relations as well as the ever-increasing complexity of the legal framework, parties facing a pending or threatened dispute require a multidisciplinary approach as well as a thorough assessment and carefully planned strategy in order to be successful and to mitigate potential losses.

Our lawyers have gained valuable expertise in a considerable number of highly complex cases, having represented clients before Romanian courts at every jurisdiction level as well as before national and international arbitration tribunals. Thus, we hold the in-depth knowledge and innovative know-how that enables us to identify the key points and arguments as well as to carve out the general strategy required to ensure the highest chances of success.

We provide the full range of services required to comprehensively address every threatening or pending dispute, including:

• bankruptcy proceedings related litigation and debt recovery;
• administrative disputes;
• employment related disputes;
• enforcement procedures and litigation matters related to public procurement;
• investment treaty, M&A/privatizations, real estate and commercial arbitration;
• pre-litigation strategies and diagnostics aimed at minimizing the risks of potential conflicts;
• amicable settlement of conflicts (via commercial exchanges and, where applicable, mediation, expert determination and other ADR methods);
• representation in litigation files before courts and arbitral tribunals.

Highlights of the assignments which have been handled by our lawyers throughout their practice include advice and representation to:

• A leading supplier of products and systems for construction and underground mining, in connection with disputes concerning design and execution of a multimillion euro solid waste processing system as well as the annulment of a decision issued by the Ministry of Finance - Central Finance and Contracts Unit;
• One of the world leaders in construction, in connection with the annulment of decisions rendered by the central administration in connection with a solid waste processing facility and the disputes arising from the construction agreement regarding the design and execution thereof with a value exceeding EUR 13,846,000;
• A regional water operator company, in connection with disputes and tendering procedures pertaining to an over EUR 120,000,000 project consisting in the rehabilitation and extension of the local water supply systems and infrastructure;
• A leading global automotive supplier, with regard to a complex fiscal litigation on annulment of administrative deeds establishing financial obligations related to custom duties applications, as well as in connection with tax exemptions concerning certain categories of employees and related representation in front of relevant authorities;
• An important group of foreign investors, during complex litigations initiated against the tax authorities, following infringement of their VAT reimbursement rights;
• Various Romanian businesses and real estate investors, in connection with litigations initiated against tax authorities, for recovery of the VAT paid on the acquisition of property as well as the annulment of tax decisions establishing retroactive VAT payment obligations and excessive penalties and interests;
• One of the most important real estate developers in South Eastern Europe, in several complex litigations with the company’s contractors;
• One of the major Romanian companies in the food industry, in connection with a complex litigation related to a trademark infringement;
• A regional water operator company, in connection with disputes arisen with respect to a major project consisting of the rehabilitation and the extension of the local water supply systems and infrastructure;
• An English hotel chain developer, in connection with litigious aspects pertaining to various commercial, corporate and permitting matters regarding construction and operation of hotels under “Hilton” brand;
• Foreign investors, in connection with the insolvency of a major real estate investment located near Bucharest, including court representation during judicial reorganization and bankruptcy proceedings;
• A major European group, in connection with insolvency related aspects pertaining to the recovery, restructuring and securitization of receivables held against client’s customers;
• One of the major Romanian distributors of metallurgical products and subassemblies manufacturers, in connection with the insolvency of two companies member of an important upstream and downstream service supplier group for the oil and gas industry in South-Eastern Europe, including court representation during insolvency proceedings;
• A European logistic services provider, in connection with a complex transportation dispute against one of the leading Romanian freight transportation companies;
• A large European metallurgical group, in connection with an UNCITRAL arbitration regarding alleged infringement of investment obligations under a privatization agreement;
• One of the largest FMCG manufacturing groups in Romania, in connection with an ICSID arbitration against the Romanian State involving investment claims of over 0.5 billion EUR;
• A major State owned company, in connection with an ICC arbitration regarding construction claims under a FIDIC agreement;
• Several international corporations, in connection with the assessment of potential investment arbitration claims against the Romanian State;
• A major real estate developer, in connection with the jurisdiction phase of a high value ICC arbitration regarding a forward funding acquisition;
• A US based fund, in connection with a high value ICC arbitration against an anchor tenant and the successful amicable settlement of the same;
• A global expert in asset auctions, liquidation and asset valuation appraisal services, in connection with the successful amicable settlement of a multimillion dollar dispute against a leading automotive manufacturer;
• One of the leading Turkish construction groups, in connection with a successfully settled dispute against a major real estate developer;
• A major Belgian real estate developer, in connection with various litigations arising throughout the development of a large A class office building.

Team

The senior tier of our dispute resolution team comprises on one side our reputed founding partners (who have been involved throughout their combined over 40 years of practice in a wide array of matters) as well as specialized lawyers having gained solid expertise in the field in reputed Romanian and international law firms. As with any other of our areas of practice, the dedicated team includes lawyers specialized both in advisory work and dispute resolution, for an integrated approach meant to cover all relevant angles.

We pride ourselves with a very high degree of satisfaction of our clients with the assistance provided in litigation, arbitration and ADR matters. A few relevant client quotes concerning our assistance in competition matters are reproduced below:

• clients quoted by The Legal 500 stated that “The team is ‘highly devoted to solving its clients’ legal issues with dedication and excellence’. […]. The team covers the full spectrum of disputes including commercial and investment arbitration, insolvency proceedings, tax litigation and fraud.”;
• other client quoted by The Legal 500 added that “the firm acts in privatisation disputes, public procurement litigation and tax disputes, often touching on corporate crime. […] ‘very organised and professional’”.

• Gelu Titus Maravela
• Alina Popescu
• Alexandra Rîmbu
• Felix Tapai
• Anca Băiţan
• Ioana Ivașcu

Publications

• Complex Commercial Litigation, Romania Chapter 2022, Lexology - Getting the Deal Through, September 2021 (ENG)
• European Banking Authority’s new Anti-Money Laundering provisions, September 2021 (ENG)
• Legal updates concerning electronic surveillance, June 2021 (ENG)
• Criminal law updates: procedural safeguard of children, February 2021 (ENG)
• New disputes resolution rules in the energy sector, December 2020 (ENG)
• Romania: updates on criminal law, November 2020 (ENG)
• Complex Commercial Litigation 2021, Romania Chapter, Lexology - Getting the Deal Through, September 2020 (ENG)
• When 5G regulations affect mobile operators – legal remedies under the national law and the European Convention on Human Rights, July 2020 (ENG)
• Litigation: Ensuring Passenger Rights in Accordance with Regulation (EU) 261/2004, March 2020 (RO)
• Litigation: Ensuring Passenger Rights in Accordance with Regulation (EU) 261/2004, March 2020 (ENG)
• Complex Commercial Litigation, Romania Chapter, Lexology – Getting the Deal Through, September 2019 (ENG)
• Commercial arbitration in Romania, July 2019 (ENG)
• Litigation in Romania, Lexology Navigator, December 2018 (ENG)
• Commercial arbitration in Romania, Global Arbitration Review May 2018 (ENG)
• Slaying Corruption – Or How Romania is Fighting Its Biggest Enemy , CEE Legal Matters Magazine, September 2017 (ENG)
• Litigation: Enforcement of Foreign Judgments, Lexology Navigator, Romanian Chapter, Lexology, August 2017 (ENG)
• Commercial arbitration 2017, Romanian know-how chapter, Global Arbitration Review, June 2017 (ENG)
• ELKB Enforceability of Arbitration Clauses – Romania (ENG)
• ELKB Recovering Litigating Attorney Fees Under Romanian Jurisdiction (ENG)
• International arbitration under Romanian law – an overview (ENG)
• Romanian Arbitration Law – one step forward, two steps back (ENG)

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