Gheorghe-Musat
GHEORGHE MUŞAT
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Senior Partner

Areas of practice: Mergers & Acquisitions/Privatisation, Banking/Finance & Capital Markets, Real Estate & Construction, Corporate & Commercial Law, Dispute Resolution, Criminal Law & Corporate Crime

 

Phone: +40 21 202 59 01

Fax:  +40 21 223 04 95

E-mail: musat@musat.ro

 

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

Apart from heading the management committee and overseeing the direction of the firm, Mr Muşat is constantly involved in the practice. He has been active for over 34 years and counts numerous successfully settled court cases heard before the Supreme Court of Justice and international arbitral tribunals.

Mr Muşat has a wealth of experience of foreign investors’ issues in Romania, and a profound understanding of the market, as well as on the legal and business trends. He is one of the ‘market builders’ of the business law practice in Romania, being involved as team leader in a variety of high-profile merger and acquisition transactions, as well as in most of the major privatization deals in Romania, acting either on the side of the Romanian Government or on the private buyers’ side, most of them multinational corporations or large local companies. He gathered unparalleled experience in Mergers and Acquisitions/Privatisation, Banking, Project and Corporate Finance, and Dispute Resolution (international and domestic arbitration included). Mr Muşat is a frequent lecturer on restructuring, privatisation and mergers and acquisitions matters, as well as on other issues regarding doing business and foreign investments in Romania.

Career & Qualifications

EDUCATION

  • Law degree, University of Bucharest

CAREER

  • Experience within Muşat & Asociaţii: 27 years
  • Senior Partner, 2009 to date
  • Managing Partner, 1990-2008
  • Individual practitioner, 1983-1990

LANGUAGES

  • English, French and Romanian

Relevant Experience

Recent relevant mandates of Mr Muşat include advising/representing:

  • The leading Romanian player in the electricity distribution, supply and energetic services sectors in connection with the initial public offering (IPO) of 105% shares and its admission to trading on the Bucharest Stock Exchange. The legal assistance covered conducting an extensive due-diligence exercise on the target, drafting the prospectus and assisting the underwriters throughout the IPO and listing process, as well as advising on the issuance of GDRs on newly issued shares. The issuance has been successfully listed in July 2014 on the Bucharest Stock Exchange and GDRs are listed and traded on the London Stock Exchange (transaction value: EUR 440,000,000).
  • A leading international player in the building materials industry (with operations in 34 countries worldwide) in connection with the acquisition of the largest local construction company, part of a global deal with a total value of EUR 6.5 billion.
  • One of the largest European energy groups in two ICC arbitrations concerning contractual performance (with a claim value in excess of EUR 850,000,000).
  • The largest Romanian electricity producer during the voluntary winding-up as the last stage of its reorganization. We act in joint venture with the liquidator of the company in drawing up the assets realization strategy and plan, legal due diligence over the assets and addressing on-going concerns pertaining to the company and recovery of debts.
  • The largest Italian energy group on the privatization project estimated at EUR 4 billion, initiated by the Romanian Ministry of Economy for the development of two important Nuclear Power Plants.
  • A leading international infrastructure construction contractor in relation to its participation to the tender process organized by the Romanian State for the construction and operation of a high-power reverse pumped storage facility.
  • A foreign investor (as claimant) against the Romanian State in relation to a complex ICSID arbitration, with aggregate claims of over EUR 400,000,000, as a result of the infringement by the Romanian State of the Bilateral Investment agreement between Romania and Sweden, which provides, inter alia, for fair and equitable treatment of the foreign investors, and the obligation not to expropriate investments.
  • A leading European utility company in connection with the EUR 820,000,000 successful acquisition of the largest electricity distribution company in Romania.
  • One of the largest gas and refining business in Romania, in connection with the EUR 90,000,000 acquisition of the remaining free float of a subsidiary company active in natural resources field, so far the most successful mandatory public offer ever conducted on the Bucharest Stock Exchange.
  • One of the world’s largest steel producers in relation with one of the most complex international litigation, pending in Romania courts (claim value: USD 50,000,000). The Firm has successfully acted for the client at various courts of law, including the Supreme Court of Justice, which has irrevocably ruled in the favor of our client (final decision passed on March 2012).
  • The Romanian Authorities on the restructuring process of the Romanian Post Office.
  • The leading Italian electricity company and gas utility company on the acquisition of several energy companies owned by the Romanian State among which a 800 MW Hard Coal Capacity located in Braila, involving investment in excess of EUR 1,000,000,000.
  • Lead legal counsel for a major Romanian commercial bank in connection with the EUR 100,000,000 sale of the majority stake held in a leading insurance company.
  • One of the top Central European investment funds in connection with the successful acquisitions of a local private gas supplier and distributor in two transactions exceeding EUR 62,000,000.
  • A leading European utility company in the successful restructuring of its Romanian subsidiaries, in one of the most extensive unbundling of its supply and distribution divisions in Romania.
  • Successfully advising The Romanian Authorities in connection with the public offering on the Bucharest Stock Exchange for the sale by the Romanian State of 15% of the share held in Transgaz (the National Gas Transmission and Grid Operator) as well for the sale of 100% shares held in Electrica S.A. (this leading State – owned energy producer), both transactions being successfully completed for a transaction value in excess of EUR 400 million.
  • A leading multinational communications and information technology company in connection with a PPP project with Cluj Municipality related to its mobile phones manufacturing plant within an industrial park located in Cluj County, regarded as one of the most complex integrated greenfield project developed in Romania to date.
  • Representing a local leading company acting in the field of light industry before several courts of law in connection with a post–privatisation litigation having as object the ownership over certain business assets of the company, the value of the claim being in excess of over EUR 15,000,000.
  • Representing two Italian investors before Romanian Courts in relation to the challenging of an arbitral award whereby AVAS, the Romanian privatisation authority, was ordered to pay damages of EUR 12,500,000 for infringement of a privatization contract.
  • Representing a large thermal power plant located in Romania in a complex commercial litigation arising from the enactment of the privatization agreement fora leading Romanian company in chemicals.
  • leading Romanian food and drinks producer in drafting and implementing the strategy for the restructuring of various companies within the group.

Memberships

  • Romanian Bar Association (Admitted 1983)
  • The Association of Romania Former Political Prisoners of the Communism Regime (1988)

Rankings

  • Eminent Practitioner (Chambers Europe – 2017)
  • Leading lawyer – Litigation & Arbitration Legal 500 – 2017)
  • Leading lawyer – Mergers & Acquisitions / Privatisation (International Financial Law Review/IFLR 1000 – 2015)
  • Leading individual – Mergers & Acquisitions / Privatisation (Legal 500, 2014)
  • Highly recommended – Mergers & Acquisitions / Privatisation (Chambers Europe, 2015)
  • Highly recommended – Mergers & Acquisitions / Privatisation (Chambers Europe, 2014, Chambers Global, 2014)
  • Highly recommended – Mergers & Acquisitions / Privatisation (Chambers Europe, 2013, Chambers Global, 2013)
  • Highly recommended – Mergers & Acquisitions / Privatisation (Chambers Europe, 2012, Chambers Global, 2012)

Accolades

  • Gheorghe Mușat retains his reputation as a “strong figure, with tremendous experience of M&A deals” acquired over decades of wide-ranging activity in the Romanian transactional market. Source: Chambers Europe, 2015
  • He has a lot of insight and is someone we can rely on 24/7 for great results.” Source: Chambers Global, 2014
  • Impressive M&A expert” Gheorghe Muşat heads the M&A team. Source: Legal 500, 2014
  • “Gheorghe Muşat is a leading figure in the Romanian market”, as he heads the firm’s M&A practice. Source: IFLR 1000, 2013
  • Gheorghe Muşat heads the department and is “highly respected in the market for the significant experience” he can bring to complex mandates. Source: Chambers Global, 2013
  • Managing partner Gheorghe Muşat is “a real leader with an impressive personality.” Source: Legal 500, 2013
  • George Muşat is “a real team leader”. Source: Legal 500, 2013
  • “Gheorghe Muşat has over 30 years’ experience and is praised as an excellent team coordinator” by clients. Source: Chambers Global, 2011
  • “Gheorghe Muşat […] has been described by a competitor as «a legal powerhouse; a man who has been instrumental in creating the Romanian legal market”. Source: IFLR 1000, 2010
  • “Gheorghe Muşat is well established and noted for his dedication to key clients on major M&A deals”. Source: Chambers Global, 2010
  • “Clients refer to senior partner Gheorghe Muşat as «the Romanian kingpin of M&A transactions”. Source: Legal 500, 2009
  • “Clients note that «you would be hard pushed to find a lawyer who knows more about privatisation in Romania than Gheorghe Muşat”. Source: Legal 500, 2009
  • “Sources value his «many years of experience”, explaining that «with him you feel completely confident that you’re in safe hands”. Source: Chambers Europe, 2009
  • “Gheorghe Muşat is particularly well regarded. «He is a great lawyer; has built up a solid practice. He has taught us a lot”, said one rival lawyer”. Source IFLR 1000, 2008
  • “Gheorghe Muşat is described as more active than many lawyers of his age, and he has acted on a variety of outstanding deals in recent months”. Source: Chambers Europe, 2008


 

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