Nicolae Viorel Dinu
With over 14 years of experience in litigation and arbitration, Viorel Dinu, member of the New York Bar and of the Bucharest Bar, is one of the most knowledgeable litigators in Romania, having developed a comprehensive expertise in all types of disputes, including commercial, administrative and fiscal litigations, as well as domestic and international arbitral procedures.
Over the years, he has pleaded in civil and commercial litigation related to privatization operations, corporate disputes, sale-purchase contracts, bankruptcy, real estate projects, administrative and tax disputes, including disputes concerning investments financed from EU grants, as well as FIDIC construction contracts, disputes related to renewable energy projects and intellectual property infringements. He was responsible for enforcement of court decisions and debt recovery, including recognition and enforcement of foreign court decisions or arbitral awards. In addition, Viorel acted as lead counsel in international arbitrations, as part of cross-border teams of European and U.S. attorneys representing foreign investors and multinational corporations in complex commercial and investment disputes before ICC and ICSID.
In parallel with its legal work in courts, Mr. Dinu constantly provided support in advisory matters related to various investment projects, drafting of dispute resolution clauses, advice on applicability of Romanian law in foreign and international arbitration courts and in various transactional matters with potential contentious impact.
During his tenure in the public office as head legal counsel of AVAS (the Privatization Authority) he served as legal advisor of the privatisation commission of the Romanian Commercial Bank (the largest bank in Romania), which was privatized through a EUR 3.7 billion share sale to a leading European bank. In addition, he assisted the Privatization Authority in addressing various privatization and post-privatization issues, drafting of laws and regulation projects and coordinated working groups
As part of his legal studies and practice in U.S., Mr. Dinu was involved in trade law practice, with special focus on antidumping issues concerning Romanian companies selling products on U.S. market.
Show moreRecent instructions include:
- Representing Rompetrol Group NV (one of the largest gas and refining business in Romania) in the three major litigations in Romania, in the context of the repayment by Rompetrol of a historical debt in total value of EUR 570,000,000 to the Romanian State. One of the high–profile disputes, initiated against CNVM (National Securities Commission) has been won on behalf the Rompetrol Group as the Court cancelled regulator's decision to block the delisting process of Rompetrol Rafinare and ordered CNVM to pay RON 1,000,000 damages to the client.
- Acting for SC Romprest SA, a local leading service provider in a litigation concerning a public procurement of services, with a total value of EUR 450,000,000.
- Assisting a large gas and refining company on investment protection matters, potential claimed value in excess of EUR 500,000,000.
- Acting for one of the largest European energy groups in an ICC arbitration concerning contractual performance, claim value in excess of EUR 45,000,000.
- Representing a worldwide leading construction group in ICC arbitration proceedings concerning performance of a FIDIC agreement, claim value in excess of EUR 40,000,000.
- Representing one of the largest property developers in Europe in an ICC arbitration concerning construction and development of a major real estate project, with a claim value in excess EUR 60,000,000.
- Retained by one of the major developers in Central & Eastern Europe, in relation with the factual background, the legal issues and related legal remedies concerning a shareholders dispute over certain real estate projects, entered into with a local business partner, with a total value in excess of EUR 100,000,000.
- Acting for Thyssen Krupp in relation with one of the most complex international litigation, pending in Romania for over 27 years (claim value: USD 50,000,000) and arising from the sale and purchase of steel during the communist political regime; successfully acted for the client at various courts of law, including the High Court of Cassation and Justice, which has irrevocably ruled in the favour of the client, earlier this year 2012.
- Retained by BNP Paribas, with regard to a multimillion dispute against a petroleum corporation generated by the enforcement of certain security agreements on stock of crude oil in Romania.
- Assisting and representing A&S International 2000, a major local player in the research activity of veterinary science and biotechnological production, in relation with a commercial & administrative litigation with claims of approx. value of 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.
- Acting for Eli Lilly, a leading worldwide pharmaceuticals corporation, in relation to the court proceedings initiated against the decision of the Romanian Competition Council as a result of the investigations and dawn–raids carried out on the insulin drugs market.
- Advising Fortis Group in the litigation proceedings against a Romanian based insurance company as a result of a serious trademark infringement by the latter.
- Representing Generali Fond de Pensii (local player of Generali group involved in private pensions funds operations), in the legal proceedings against the Competition Council regarding the annulment of a fine for alleged market sharing with other operators on the mandatory private pensions funds market.
- Assisting Cora Romania Hypermarche, one of the top Romanian retailers, a member of the Delhaize retail group, in respect of a trademark infringement case brought against it by PUMA AG alleging a counterfeit by the Client of its branded sport shoes.
- Representing Axor Europe SRL (member of the real estate developer Extensa Group), in arbitration proceedings before the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania, concerning complex claims arising from a design services agreement.
- Advising Tornator Romania, the Romanian subsidiary of a leading Finnish forest management group, in relation with a multi–million compensation claim. Further representing Tornator in relation to a dispute against the Romanian State represented by its administration company, Romsilva SA, and the Ministry of Finance.
- Assisting PPF Partners, a major Czech investment fund, in a property restitution dispute arisen from an investment of EUR 7,000,000.
- Representing NBGI Private Equity, a leading European private equity fund, affiliated to the National Bank of Greece, in a litigation with the local company UTA Arad arisen from an investment made by NBGI in an industrial park in the city of Arad.
- Representing a group of local investors in a complex corporate and capital markets dispute with CNVM (the National Securities Commission) regarding a stock of shares owned in the financial investment company SIF Banat – Crisana.
- Representing Dytras, a highly specialised drinking water treatment and wastewater purification company, in a complex commercial litigation arising from the enactment of the contractor agreement signed with local subcontractors.
- Representing Banca Transilvania, one of the major banks in Romania, in several corporate disputes with its minority shareholders.
- Acting for a major Romanian industrial manufacturer of ferrous metal products in relation to an arbitration before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
- Acting for a major Romanian construction company before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania in defending claims deriving from infrastructure development agreements.
- Representing Romania's National Air Transportation Company, TAROM, in over 30 employment litigations related to alleged salary rights and other various rights claimed by the trade unions and employees.
- Retained by FCC Construccion, a leading Spanish construction company, in connection with a lawsuit against the public authorities arising from a commercial contract concluded through a public procurement procedure for services.
- Representing the Romanian Olympic Committee in an anti–dopping procedure brought before the International Olympic Committee.
- Representing Roche Romania, the local subsidiary of the world's leading healthcare groups, with respect to several commercial and insolvency litigations concerning the recovery of multi–million commercial debts.
Show morePublications
- PLC Dispute Resolution Handbook 2011/2012: Questions & Answers Romania
- PLC Dispute Resolution Handbook 2010/2011: Questions & Answers Romania