Litigation & Arbitration
Litigation is a substantial practice of our firm. Our Litigation department is broadly based and has acquired an unrivalled expertise, being the first in the country to be organized along departmental lines. Though disputes are an inevitable consequence of business activity in an increasingly regulated, high-speed environment, we aim to provide our clients with advice that is sound, realistic and forthright. We believe that badly managed disputes can destroy commercial and business relationships, which is why we pride ourselves in providing our clients with level headed professionalism and constructive commercial approach.
Our work in the contentious field has involved all types of disputes, including national and international arbitration (ICSID, ICC and UNCITRAL procedures), commercial, intellectual property, banking and finance, tax issues, bankruptcy, insurance, labour, maritime, real estate, securities, family, successions and additional claims raised during enforcement of civil and commercial judgments.
Our work in the contentious field has involved all types of disputes, including national and international arbitration (ICSID, ICC and UNCITRAL procedures), commercial, intellectual property, banking and finance, tax issues, bankruptcy, insurance, labour, maritime, real estate, securities, family, successions and additional claims raised during enforcement of civil and commercial judgments.
Our recent instructions include:
- Representing European Drinks group of companies against the Romanian State in relation to a complex ICSID arbitration, with aggregate claims of more than EUR 450,000,000. The claim concerns 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. Musat & Asociatii has been recently successful in obtaining a favorable award on jurisdiction. The case's phase on the merits is currently pending before ICSID arbitral tribunal.
- Representing The Romanian Government against Noble Ventures (U.S.) in a complex ICSID arbitration, with aggregate claims exceeding USD 350,000,000. The claim, successfully settled (end of 2006) in favour of the Romanian State, has been brought up by an US investor who blames the Government for its alleged failure to comply with the provisions of the Bilateral Investment treaty between Romania and the U.S.A. that prohibits expropriation and requires fair and equitable treatment to investors, in accordance with the international standards.
- Representing Gabriel Resources (Canada) and Rosia Montana Gold Corporation S.A. on various complex litigations initiated by third parties in relation with the exploration and exploitation of the biggest gold and silver mining site in Europe: Rosia Montana. The development of the Rosia Montana mining project is one of the biggest foreign investments in Romania, the value of the direct investment amounts to over USD 750,000,000 (while the total investment will be over USD 3,000,000,000). The firm is acting as lead legal adviser, representing the client in over 50 litigation cases (related to environmental matters, public procurement, licences, authorisations, building permits and/or relocation matters) commenced by various local and international organisations hostile to the project’s development.
- Representing The Authority for State Assets Recovery (AVAS), as civil liable party, in the criminal case (pending) further to the bankruptcy of the National Investment Fund (NIF). NIF was compelled to pay awarded damages of EUR 100,000,000 to individuals and legal entities, members of the NIF, this case involving particularly significant financial and social issues entailed by the cashing down of certain investment funds.
- Representing the Ministry of Education and Research for a claim exceeding EUR 70,000,000 with respect to the validity of certain enactments issued in a public procurement process.
- Acting for Thyssen Krupp in relation with one of the most complex international litigation (claim value of USD 40.000.000), pending in Romania and arising from the sale and purchase of steel during the communist political regime. The Firm has successfully acted for the client at various courts of law, including the Supreme Court of Justice.
- Representing Mytilineos Holding (Greece), in a UNCITRAL arbitration before ICC with regard to the performance of the obligations undertaken through a privatisation contract of a Romanian company, the aggregate claims amounting to EUR 32,000,000.
- Legal assistance to Immoeast/Generali Holding (Austria), in relation with EUR 30,000,000 arbitral litigation before the International Court of Arbitration of the Romanian Chamber of Commerce.
- Representing the Romanian Authority for Privatization (APAPS) in a USD 24,800,000 litigation against Shapiro Bancorp LLC – Nevada, following the latter’s failure to meet the investment obligations undertaken under S.C. Biofarm S.A.’s shares sale-purchase agreement.
- Representing Petromin S.A., the largest shipping company of Romania, in various litigations amounting USD 25,000,000 against the Romanian Ministry of Finance on VAT, income tax and other duties due to the State budget.
- Representing Adesgo S.A., a leading company acting in the field of light industry, before various courts of law in connection with a post-privatisation litigation having as object the ownership over certain business assets of the company, with claims exceeding EUR 15,000,000.
- Representing the Romanian Privatisation Authority (AVAS) against International Pharmaceutical Group in an arbitration claim (successfully settled) resulting from the non-performance of privatisation agreement, the total amount of the claims being in excess of USD 24,000,000.
- Representing S.C. Orange Romania S.A. before Romanian administrative authorities and competent courts of law in connection with the annulment of a public procurement procedure for services in the aggregate amount of EUR 17,000,000, as well as regarding the annulment of development permits for various mobile telephony websites.
- Asissting a private Romanian company in a USD 20,000,000 debt concerning bankruptcy case against Bancorex S.A.
- Retained by Arcellor Steel Galati S.A. to provide legal assistance and representation services in several Court files against the Regional Direction of Customs Constanta in the aggregate amount of USD 16,000,000.
- Representing two Italian investors before Romanian Courts in relation to the challenging of an arbitral award whereby AVAS was ordered to pay damages of EUR 12,500,000 for infringement of a privatization contract.
- Representing Indian England N.V. in relation to a commercial litigation commenced against one of the largest Romanian soda ash manufacturers in view of recovering the due amounts of roughly EUR 12,000,000. The Firm has successfully acted for the client before various courts of law in connection with the challenging of the enforcement procedure deeds as well as in relation to the conclusion of a settlement agreement on behalf of the client.
- Assisting Enel in various complex corporate and employment litigations, generated by the company’s reorganisation following several acquisition on Romanian energy market.
- Representing Eli Lilly before Romanian Courts in relation to a complex litigation against the Competition Council, regarding the cancellation of a decision whereby the client was sanctioned for alleged anti-competitive deeds.
- Representing Electrolux before various courts of law in connection with a post-privatisation litigation having as object the ownership over certain business assets of the company.
- Legal assistance and litigation support for Electrolux Romania S.A. the world's largest producer of appliances and equipment for the kitchen, cleaning and outdoor use, in relation to the administrative procedures for contesting the conclusions of a fiscal inspection report drafted by the Bucharest Fiscal Directorate.
- Representing Ulcom International in disputes related to a sale purchase arrangement with several companies, involving complex arbitration and court proceedings where the claims exceeded USD 20,000,000.
- Representing Roman Brasov S.A. (the leading Romanian car transportation manufacturer) in a complex commercial litigation with Dacia Renault S.A. (involving the ownership on various industrial assets with a claim value in excess of EUR 7.000.000) successfully settled by the Supreme Court in favour of ROMAN (our client).
- Representing Petromin S.A. in connection with a USD 13,600,000 insurance claim against a Romanian insurer.
- Retained by the Romanian Government, represented by the Romanian Ministry of Finance, in UNCITRAL arbitration in the Permanent Arbitration Court in The Hague commenced by an investor under the Bilateral Investment Treaty between Romania and Poland. The claims were based on an alleged failure by Romania to ensure protection against expropriation and fair and equitable treatment to investors, the aggregate claims exceeding USD 10,000,000.
- Retained by the Romanian Government in connection with USD 9,500,000 litigation against .S.C. Glencore Protein Romania S.R.L., a company acting in the field of agricultural products trading.
- Providing assistance to CET Govora against Begacom in connection with a EUR 5.500.000 commercial litigation arising from the enactment of the USG’s privatization agreement.
- Representing Cosmorom G.S.M. in a complex litigation against Goldstern International S.R.L. involving reciprocal claims arising from agency contracts concluded between the parties in a total amount of USD 7,000,000.
- Representing Arcelor Mittal (former Mittal Steel), the largest steel producer in Romania, in a USD 6,500,000 commercial arbitration arising out of a sale-purchase contract for steel products with a former distributor.
- Representing Generali Holding Vienna in a complex arbitral litigation before ICC deriving from an agreement concluded with S.C. Asigurare-Reasigurare Astra S.A..
- Representing Petrom in an arbitration case arisen from a railway transportation agreement for oil products, exceeding EUR 4,500,000.
- Assisting Regie Autonome for Administration of State Assets (RAAPPS) in several litigations in value of over EUR 4,500,000, regarding the annulment of the financial measures in connection with the financial and administrative control, as well as regarding the execution of the income and expenses budget of RAAPPS.
- Assisting the Regie Autonome for Administration of State Assets (RAAPPS) in complex court proceedings in relation to the validity and termination of various agreements having as object real estates privately owned by the State in the aggregate amount of EUR 3,000,000.
- Representing Société Générale in a complex litigation with the Romanian Ministry of Finance on the applicable fiscal regime and budgetary debts exceeding USD 5,000,000.
- Representing Automobile Dacia S.A., member of the Renault group, in relation with a complex litigation with the National Road Administration Agency, exceeding USD 4,500,000.
- Representing Petromin S.A. in a commercial and shipping litigation (claim value of USD 4,000,000), resulting in the arrest of a ship on behalf of the client to secure interlocutory relief and contractual performance.
- Representing Distrigaz Sud in a litigation challenging the validity of decision issued by the National Regulatory Authority for Natural Gas through one of its subordinated specialized commissions with regard to the free access of distributors to the national gas infrastructure.
- Representing Arcelor Mittal Iasi (former Tepro S.A.) in connection with various tax and customs litigation with value in excess of USD 4,000,000 against several Romanian authorities.
- Representing Camusat Telecommunications, one of the leading companies in telecommunications, in a USD 3,000,000 litigation against the Romanian Ministry of Finance.
- Representing the National Oil Company Petrom S.A. in EUR 2,000,000 litigation involving commercial contracts, corporate disputes, shipping disputes before the courts of law, enforcement agencies and arbitral tribunals.
- Representing Interporto Romania in complex contentious litigation against the Romanian Ministry of Finance with regard the reimbursement of certain amounts cashed as VAT as well as related penalties amounting to roughly EUR 2,000,000.
- Advising Europharm Holding with regard to a complex fiscal litigation having as object the annulment of certain administrative acts for the establishment of financial obligations related to customs duties (custom taxes and VAT) in connection with some types of medicines.
- Representing Romanian Olympic Committee in a series of litigations pending before the competent court and an arbitral tribunal, in connection with the protection of the rights on certain trademarks and the repair of the prejudice suffered by the latter following the breach of such rights.
- Representing Prescon S.A., one of the largest civil and industrial construction companies in Romania, in a multi-million litigation against SC Aro Palace arising from the contracting agreement for the modernization of the hotel in Brasov.
- Representing Phoenix S.A., the primary copper smelter and refinery company located near the town of Baia Mare, in a USD 4,000,000 complex commercial litigation. We successfully represented our client before the courts, defending all claims against our client including a request for insolvency.
- Representing Novartis Pharma Gmbh and Novartis AG in relation to the legal proceedings for challenging the marketing authorizations rendered in favour of various producers of generic medicinesas well as in view of protecting clients’ marketing and IP rights.
- Representing Alpha Rocas, formerly Abela Rocas the sole airline catering company in Romania, in various litigations on VAT and income tax against the Romanian Ministry of Finance, following an erroneous payment of more than USD 2,000,000 made to the State budget.
- Representing GE Medical Systems S.A. in a dispute against a Romanian company for repossession of a USD 2,000,000 leased medical equipment.
- Representing Carom S.A. (the sole Romanian producer of synthetic rubber and synthetic lattices) in complex commercial litigation with Concept, the aggregate claims amounting to USD 1,500,000. We also successfully represented our client in several commercial litigations and disputes with minority shareholders.
- Retained by the Romanian Authority for Privatisation (APAPS) in an arbitration case in front of the International Court of Arbitration in Paris generated by failure to meet the investment obligations undertaken by the investor Moeller GmbH–Bonn under the privatisation agreement of S.C. Electrotel S.A..
- Retained by GlaxoSmithKline, the world’s largest research-based pharmaceutical and healthcare company, in connection with multi-million public acquisitions disputes as well as with one of the first pharmaceutical patent-related infringement proceedings in Romania.
- Retained by GlaxoSmithKline Hungary in connection with recovery proceedings related to certain commercial debts arising out of the distribution contracts concluded with local distributors.
- Representing Italo-Romena Bank against the Romanian Ministry of Finance, in a litigation having as object the payment of several million USD representing profit tax.
- Representing The Romanian Authority for Privatisation (APAPS) in a major arbitral litigation (successfully settled in favour of APAPS) against the American company World Machinery Company, having as object the violation by the American party of the obligations undertaken under the contract of privatisation of a Romanian company.
- Representing Hobas Engineering GmbH in a commercial arbitration against its partners in an investment project in Romania.
- Representing Romtelecom S.A. in a complex commercial litigation against a national communication network operator.
- Representing Orange Romania S.A. in a complex administrative litigation against several measures enacted by the National Communications Regulatory Authority establishing the tariffs on the mobile telephony market.
- Retained by Electrica S.A., the national electricity company, in connection with a complex commercial litigation brought in front of a commercial tribunal in Paris regarding the execution of a bank guarantee.
- Representing ING Bank in a commercial litigation against a German company, involving claims arisen from an alleged irregular banking execution procedure.
- Representing ING Bank in complaints against misdemeanor minutes produced by the Department of Consumer Protection regarding an alleged lack of proper banking authorization for one of its retail offices.
- Representing Raiffeisen Bank in the bankruptcy proceedings undertaken against Paneuro group of companies.
- Representing Credit Europe Bank S.A. (Romania) in a complex litigation concerning the validity of the ownership title over a real estate owned by the Client. Also, the Firm has successfully acted for the client before the courts of law in connection with a multi-million Euros commercial litigation against one of the major Romanian insurance companies as well as in relation to the conclusion of a settlement agreement on behalf of the client.
- Assisting Banca Comerciala Romana in connection with the possible impact on the bank’s securities (the rights resulting from the assignment of an insurance policy) caused by the seizure of a certain maritime platform by the Iranian authorities.
- Advising the National Oil Company Petrom S.A. in connection with various domestic disputes (corporate disputes, shipping disputes, commercial contracts, commercial papers,) before the courts of law, enforcement agencies and arbitral tribunals. We represented our client before the court in respect of its joint-ventures operations in Romania, which resulted in corporate disputes with its partners.
- Representing Parsons Brinckerhoff Ltd. in a commercial dispute against two Romanian transporters seeking to recover debts.
- Representing Evyap International Dis Ticaret A.S. and Ticaret Anonim Sirketi in an intellectual property litigation for the cancellation of the registration in Romania of a trademark internationally registered by Evyap.
- Advising Dumagas Trade with regard to a multimillion EUR fiscal litigation concerning the annulment of certain deeds through which supplemental obligations representing profit taxes and VAT were established.
- Assisting Pfizer Inc., the world's largest research-based pharmaceutical company, in connection with an intellectual property litigation involving cancellation of the registration of a trademark confusingly similar to an International Non-proprietary Name (INN) of a pharmaceutical substance.
- Retained by the owner of the TV channel Prima TV for representation in various domestic disputes involving the breach of the advertising clauses, alleged damages caused to the image of certain natural persons within the shows broadcasted by the company and infringement of the legal requirements applicable in the audio-video field.
- Representing the Fédération Internationale de Football Association (FIFA) in litigations regarding the immediate ceasing of the broadcasting on Romanian TV channels of a certain commercial advert that infringed the registered trademarks of FIFA related to the World Cup Korea-Japan.
- Retained by Leo Burnett Co., a Chicago-based agency and one of the largest worldwide advertising agencies, in a complex litigation related to the infringement of a well-known Romanian actors’ intellectual property rights.
- Representing, protecting and pursuing the interests of Lotto Sport Italia SpA, Italian tennis footwear and sports clothing manufacturer in Romania, in litigation cases against the importers in Romania of counterfeited products.
- Assisting the Romanian Olympic Committee in a dispute before the Executive Committee of the International Olympic Committee in relation to an appeal by IAAF and some Romanian athletes challenging the denial of the Romanian official authority to enlist them for participating to the Athens 2004 Olympic Games for reasons of previous doping history.
- Representing Bayindir Fiba, a Turkish company active in landmark and infrastructure projects and owner of the Bucharest Mall, in a complex multi-jurisdictional case regarding outstanding claims arising from its construction business.
- Representing L’Oréal, in various court proceedings against distributors and purchasers of various cosmetic products for the recovery of certain debts.
- Representing Aventis, leading international pharmaceutical company, in various court proceedings against its distributors and purchasers of pharmaceutical products for recovery of certain debts.
- Representing Unita Insurance in arbitration proceedings in Romania related to complex insurance agreements concluded with various partners.
- Representing and protecting the interests of Green Pacific AS, a Norwegian company active in shipping sector, in relation to the release of an arrested vessel, while located in Romanian waters, as well as with regard to the recognition and enforcement in Romania of a decision rendered by an American court of law.
- Representing Electrocentrale in various litigation matters against ANRE contesting the decisions regarding the level of fixed energy prices.
- Representing Feral S.R.L. Tulcea, a Romanian electro-metallurgical company, in a complex litigation having as object the suspension of the strike initiated by the employees and the recovery of the damages produced by the strike.
- Advising and representing DG Magazine Ltd. in connection with the protection of their intellectual property rights against the illegal registration of an identical trademark.
- Assisting Alka Group in litigation matters regarding the protection of their industrial design rights.
- Representing SBS Broadcasting in multiple litigations against the Romanian fiscal authorities regarding the annulment of debt rescheduling decisions.
- Representing GATX in various court proceedings in connection with claims arisen from international transport agreements.
- Representing Gaz Sud with respect to various claims arisen from services agreements regarding the design of their gas distribution network.
- Representing Romstal Leasing in a fiscal litigation case opened against the National Agency for Fiscal Administration (ANAF) on VAT, income tax and other duties due to the State budget.
- Representing “Caritatea” Foundation in several litigations related to the restitution of certain real estates owned by various Jewish communities and the mosaic cult in Romania, according to certain special remedial enactments.
- Representing Prescon S.A., one of the largest civil and industrial construction companies in Romania, in multi-million litigation against SC Aro Palace.
- Representing Phoenix S.A., the primary copper smelter and refining company located near the town of Baia Mare, in a USD 4,000,000 complex commercial litigation. We successfully represented our client before the courts, defending all claims against our client including a request for insolvency.
