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The lawyers of Oglinda & Partners assisted the Defendant in the arbitration initiated under a Joint Venture Agreement, whereby the Claimant was pretending 3.7 million Euro as his share of participation related to a water and wastewater contract performed in Romania.
The team of Mr. Eugen Sarbu (Partner), Mr. Mihai Ionescu-Balea (Senior Associate) and Mrs. Ana-Maria Damian (Senior Associate) pointed out how the burden of proof is allocated according to the conjunction interpretation of the contract and Romanian construction law.
The lawyers of Oglinda & Partners formulated effective defences demonstrating that the Claimant had a superficial approach on the project, without fulfilling assumed obligations in quality and quantity requested by the Design. The fulfilment of the Contract involved the Defendant’s supplementary resources, as Association leader, who had to carry out additional activities to cover the Claimant’s deficient contribution.
Therefore, the Claimant’s right to obtain payments in respect of his share would have been born only if the obligations to which each associate had committed were performed. The Arbitral Tribunal found the defence to be justified, placing the burden of prove for negative facts in the Claimant’s scope according to ei incumbit probatio qui dicit, non qui negat principle of law. Thus, the Arbitral Tribunal fully rejected the raised claims.
This success confirms once again Oglinda & Partners strong know-how in international construction arbitration. They are a leading Romanian law firm, having extensive experience in arbitration, being involved in the last 20 years, as lawyers or arbitrators, in over 300 cases in front of Romanian and foreign arbitration institutions. Oglinda & Partners lawyers offer a unique, complex and personalized consulting services, legal assistance and representation for companies seeking specialized legal services for international commercial arbitration, public procurement law, construction and corporate M&A law.