Romania > Dispute resolution
Dispute resolution
Ion Dragne and Delia Topoleanu are joint heads of the dispute resolution practice at Musat & Asociatii, leading a team of 30 assistants. The broad-based practice covers arbitrations for international clients as well as large commercial disputes on the domestic front. The firm is representing the claimants against the Romanian State in relation to a complex International Centre for Settlement of Investment Disputes (ICSID) arbitration, with aggregate claims of more than €450m, and which concerns the infringement of a Bilateral Investment agreement between Romania and Sweden. The firm has recently been successful in obtaining a favourable award on jurisdiction and admissibility. On the real estate side, the practice is acting for Biat Constructions International in several court and arbitration disputes arising from the construction and execution agreements of a retail facility and residential project with aggregate claims exceeding €15.5m. Clients say Musat & Asociatii has ‘a very good practice’.
Nestor Nestor Diculescu Kingston Petersen’s dispute resolution practice has ‘compelling strength and depth’. Ana Diculescu-Sova leads a large team of five partners, three senior associates and 19 associates with expertise extending to commercial, administrative and fiscal matters. The firm has represented Ford in various corporate disputes concerning the validity of Shareholders’ Meeting Decisions on the implementation of the privatization agreement concluded by Ford with the Authority for State Assets Recovery (AVAS). It also acted for Global Vehicles on a privatisation-related dispute. On the real estate side, the practice represented Alpha Bank in a very complex, €36m case involving non-fulfilment of contractual obligations. Intellectual property matters have included representing Heineken Romania on property patent rights and the annulment of a patent. Simona Neagu and Emil Bivolaru are recommended.
STOICA & Asociatii Attorneys at Law is a ten-partner firm and ‘a top-level player in litigation and dispute resolution’. Real estate and administrative disputes are areas of expertise but the firm also has the capacity to handle intellectual property, tax and commercial matters. The firm is headed up by Valeriu Stoica, who is a former minister of justice, and Cristiana Stoica who is highly regarded in the market. The practice’s multinational client base includes Credit Suisse First Boston, Coca-Cola, Orange, Pfizer, Unilever and Deutsche Bank.
Clients of Tuca Zbarcea & Asociatii say the litigation team is ‘rigorous in its analysis, highly dedicated, thorough, hard-working, service-minded, diligent and entirely reliable on the law’. Complex commercial disputes are a strength and the practice often works with public bodies on large-scale matters. It is currently representing the Romanian State in a complex international arbitration initiated by EDF claiming more than $110m. The case involves issues of expropriation, standard of fair and equitable treatment and investment protection, as well as corporate, contract and public procurement issues. The practice is also assisting Prince Paul-Philippe of Romania in complex proceedings related to the recovery of up to €2bn in land and assets which, it is alleged, were illegally taken by the State between 1945 and 1989. Florentin Tuca, Cornel Popa, Levana Zigmund and Cristina Metea are recommended.
Zamfirescu Racoti Predoiu Law Partnership ‘is the best law firm in Romania in dispute resolution and arbitration’. Calin-Andrei Zamfirescu leads a team of 22 fee-earners which excels in large commercial disputes for clients including some of the world’s largest companies. The firm almost doubled its arbitration team in 2009, and won a large arbitration for Unicredit Tiriac Bank in London, as well as acting for Ductil Steel before the Milano Court of International Arbitration. The practice is a long-standing advisor to Petrom; it is currently acting in several thousand cases related to labour law disputes with present and former employees, as well as enforcement contestations pending before the Romanian courts. The project, which is worth more than €100m, is perhaps the most complex litigation currently occurring in Romania. Calin-Andrei Zamfirescu is an ‘indisputable leader in the field, unanimously recognised as a top litigator’, while Stan Tirnoveanu is ‘a unique mixture of a banking lawyer and an experienced and wise litigator’.
Gabriel Sidere leads the 16 fee-earner dispute resolution team at CMS Cameron McKenna SCA, which focuses on large, international commercial disputes. The practice is advising the Romanian state in a $147m investment treaty arbitration dispute before the ICSID, one of the most complex investment treaty disputes to have involved Romania, which includes multiple privatisation and post-privatisation, taxation, criminal procedure, food safety and capital repatriation matters. The firm is also advising Mezzanine Management on a €23m treaty dispute against the state of Bulgaria.
Construction and industrial clients are an important part of Salans’ dispute resolution practice, where Tiberiu Csaki heads a team of 15 fee-earners. The firm advised international investment fund Continental Wind Partners with post-closing matters following the sale of the largest wind energy project in Romania, which included litigation relating to various licensing and permitting disputes. It also acted for Rompetrol Group in attempted negotiations, and subsequent international arbitration proceedings, before ICSID in Washington DC against Romania, based on the violation of the Bilateral Investment Treaty between the Netherlands and Romania.
Badea Clifford Chance’s dispute resolution practice is heavily weighted towards representing financial services clients. The firm assisted RBS in relation to an investigation launched by the Romanian Competition Council on a number of banks for allegations of anti-competitive practices as well as acting for ING in connection with a wide regulatory compliance internal review. On the ADR side, the practice represented Charlemagne Capital in a claim under UNCITRAL arbitration rules in Paris relating to a real estate project.
Buzescu Ca has a small litigation team headed by Adrian Tomescu which, despite its size, acts for some heavyweight clients, and is strong across IP and tax matters as well as general commercial litigation. Clients praise the practice’s ‘professional approach’. The firm represented Coca Cola on a trade mark infringement case as well as representing Canam Steel Romania in an ongoing complex arbitration of claims related to the construction of a major office building. Clients include Estée Lauder Romania, Philips International and Amromco Energy.
Dan Dascalu heads the dispute resolution team at D&B David si Baias which has particular strength in tax litigation within a broad offering. Clients are impressed by the way the firm provides ‘suitable solutions to very difficult and delicate issues’. The firm represented real estate developer Avrig 35 on various issues, including claims against the Land Registry, with an aggregate value of €20m. The practice is also acting for the Romanian Red Cross on the recovery of property donated at the beginning of the 20th Century by the royal family and confiscated by the Communist Regime. The value of the disputes amounts to €10m.
The dispute resolution team at Popovici Nitu & Asociatii is ‘well prepared’ and ‘very client oriented’. Large commercial disputes before the Romanian courts are the core of the practice. It represented Kastamonu Entegre, owner of Prolemn, in commercial disputes against AVAS arising from privatisation agreements and involving claims amounting to $85m. The firm has particular strength in contentious real estate matters and acts for Immoeast, the largest real estate investment fund in Europe, in various disputes concerning local projects.
Intellectual property, insolvency and debt-related matters are areas of strength for S.P.R.L. Menzer & Bachmann – Noerr, where the litigation team is headed by Alexandru Ene. The practice successfully represented one of the biggest German retail companies in Romania in several lawsuits concerning property rights and restitution demands over investments; each case had a value of several million euros.
The disputes team at Voicu & Filipescu SCA have a ‘keen sense of the market and business environment’. The firm is assisting EDF Services in arbitral proceedings before the International Centre for the Settlement of Investment Disputes (ICSID) in connection to a $110m claim against the Romanian state, for damages caused by the abusive loss of contracts for duty-free sales at Bucharest international airport. Cristian Gavrila is ‘excellent’.
The focus of the litigation practice at Anghel Stabb & Partners is large commercial disputes. The firm also acts on major debt recovery cases, defence of intellectual property rights and in employment litigation. It is advising Unit Export on arbitration proceedings brought by the Central Contracts and Finance Unit of the Romanian Ministry of Finance.
Bogdan Paraschiv heads the litigation and conflict resolution team at Bostina & Associates. The firm acted for the Ministry of Communications and Information Society in a dispute with mobile phone provider Vodaphone in the Romanian Court of Appeal
Bulboaca & Asociatii has strong capabilities in antitrust and intellectual property litigation as part of a broader commercial offering. Valentin Berea leads the team, which acted for A&A Medical before the Bucharest Court of Appeal in an administrative case against the Competition Council with €30m at stake. ‘The quality of the advice is excellent’, say clients.
Danescu, Danescu & Associates is a boutique litigation firm, headed by Costea Corin Danescu. The firm is well-regarded in the market with representative clients which include Coca-Cola, Medicare Group, Volksbank Leasing Romania and Ogilvy and Mather Advertising.
Stan Dragomir and Alina Lefter are the founding partners of Dragomir & Associates Law Offices which has particular expertise in maritime matters.
Cristina Bazilescu heads the litigation team at E. PLATIS C. BAZILESCU Associated Law Offices. Insolvency and debt recovery work are principle strengths. The firm is assisting Alpha Leasing Romania with an insolvency procedure of debtors in the printing industry for receivables amounting to more than €3.5m.
Insolvency matters and debt recovery work are core ares of practice at Radu Taracila Padurari Retevoescu SCA in association with Allen & Overy LLP. The firm advised a Romanian leasing company regarding the types of enforcement action it could take against several bad debtors whose debts exceeded €10m.
Stratula Mocanu & Asociatii is a full-service law firm with a strong reputation in the market for its litigation practice. The firm assisted a governmental authority in cases involving the immovable assets of a major state-owned company undergoing a bankruptcy procedure, for the purpose of assets preservation and receivable recovery.
Daniela David leads the litigation team at Vernon | David which has particular expertise in tax, competition and environmental work. Clients say the practice ‘shows creativity, a deep knowledge of the market and outstanding litigation skills’. Clients include BP, Michelin, SAB Miller and Cosmorom.
Magdalena Elena Dima is recommended for dispute resolution at Vilau & Mitel. The firm is acting for EADS Casa regarding the cancellation of a public acquisition tender for military transport courier aircraft, in a dispute with the Romanian Ministry of Defense.
Andra Musatescu Law & Industrial Property Offices is a boutique IP firm which focuses on contentious work as part of its wider practice. Andra Musatescu is an arbitrator and mediator, and clients say the firm’s work is of ‘absolutely the highest standard’.
Vasile Deleanu heads the litigation team at Deleanu Vasile – Lawyers. Insolvency, debt recovery and employment work are key strengths.
Eight lawyers at Fruth Oprisan & Asociatii are led by Despina Fruth Oprisan.
Hammond, Bogaru and Associates SCPA has particular expertise in employment disputes work. The firm represented a Romanian gas supplier on a €1m matter which included employment issues. Alexandru Badet is recommended.
Infrastructure and construction disputes are areas of expertise for the dispute resolution team at McGregor & Partners S.C.A.. Boiana Berchi is singled out for praise.