Litigation & Arbitration

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.

Our lawyers’ experience ranges from representation in the lower courts to the High Court of Cassation and Justice, as well as in the Constitutional Court and extends to national and international arbitration (ICSID, ICC and UNCITRAL procedures). Most of our instructions have involved highly complex cases, including voluminous documents and heavy research work. We work closely with our clients (most of which are multinational corporations and large local companies) to understand their needs, before recommending the right solution.

Our work in the contentious field has involved all types of disputes, including commercial, intellectual property, banking and finance, tax issues, insolvency, insurance, labor, maritime, real estate, securities, family, successions and additional claims raised during enforcement of civil and commercial judgments.

 

A selection of our recent instructions is given below: 

  • 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 in favor of the Romanian State, has been initiated by an US investor blaming 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 for investors, in accordance with the international standards.
  • Acting for Thyssen Krupp in relation to one of the most complex international litigation, pending in Romania for over 27 years, having a claim value of USD 50,000,000 and arising from the sale and purchase of steel concluded during the communist political regime.
  • Representing Rompetrol Group NV, one of the largest gas and refining business in the country, in three major litigations in Romania, in the context of the upcoming repayment by Rompetrol of a historical debt in total value of EUR 570,000,000 to the Romanian State. Further acting for Rompetrol in one of the high-profile disputes, initiated against CNVM (the National Securities Commission) involves claims of USD 50,000,000 (the biggest damage ever claimed by a private investor from a public authority in Romania) and challenges several administrative deeds issued by CNVM.
  • Acting for SC Romprest, a leading local service provider, in a litigation concerning an agreement for public procurement of services, with a total value of EUR 450,000,000.
  • Assisting a leading gas and refining company on investment protection matters, potential claimed value in excess of EUR 500,000,000.
  • Representing a large group of consumer goods production against the Romanian State in relation to an ICSID arbitration, with aggregate claims in excess of EUR 350,000,000.
  • Representing the Authority for State Assets Recovery (AVAS), as civil liable party, in the criminal case initiated further to the bankruptcy of the National Investment Fund (NIF) which was compelled to pay awarded damages of EUR 100,000,000 to various 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 Government of Romania and the Ministry of Education and Research before the Romanian courts with respect to the validity of certain enactments issued in a procedure initiated by the Ministry for awarding public procurement agreements, with claims exceeding EUR 70,000,000.
  • Acting for one of the largest property developers in Europe in an ICC arbitration concerning the construction and development of a major retail real estate project, with claims exceeding EUR 60,000,000.
  • Acting for one of the largest European energy groups in an ICC arbitration arising in connection with the performance of contractual obligations in the context of complex privatization agreements and involving claims exceeding EUR 45,000,000.
  • Assisting a reputed European construction group in ICC arbitration stemming from a FIDIC construction agreement relating to a core infrastructure project of national importance, with a value exceeding EUR 40,000,000.
  • Acting as lead counsel for Mytilineos Holding (Greece) in defending claims amounting to EUR 32,000,000 in an UNCITRAL arbitration, stemming from the privatization contract of a major metallurgical Romanian company.
  • Legal assistance to a major German project development company, in relation with a EUR 30,000,000 arbitration before the International Court of Arbitration of the Romanian Chamber of Commerce.     
  • Representing United Shipping Agency, the largest provider of stevedoring services in the Constanta seaport, in a complex dispute among shareholders, with total claims valued at EUR 30,000,000.
  • 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 in accordance with the privatization agreement of S.C. Biofarm S.A..
  • Representing RBS Bank in a complex administrative litigation against the misdemeanor minutes concluded by the National Authority for Consumer Protection (ANPC) with respect to an alleged infringement of consumer protection regulations.
  • Representing Banca Transilvania in various corporate disputes with its most significant minority shareholder, on the increase of the share capital and election of the members of the Bank’s board.
  •  Assisting 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 Orange Romania before Romanian administrative authorities and competent courts of law in connection with the annulment of a public procurement procedure for services in an aggregate amount of EUR 17,000,000, as well as regarding the annulment of development permits for various mobile telephony websites.
  • Representing Adesgo S.A., a leading company acting in the field of light industry, before various courts of law in connection with a post-privatization litigation having as object the ownership over certain business assets of the company, with claims exceeding EUR 15,000,000.
  • Assisting and representing A&S International 2000, a major local player in the research of veterinary science and biotechnological production, in relation to a dispute arising from a concession agreement of 9,000 ha of land, with an approx. value of EUR 15,000,000.
  • 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 outstanding payables of approximately EUR 12,000,000.
  • Advising Anchor Real Estate Development, a major local real estate developer, in connection with a dispute arising from a FIDIC construction agreement to be settled under ICC Arbitration Rules, valued at more than EUR 10,000,000.
  • Representing Dytras (Spain), a highly specialized drinking water treatment and wastewater purification company, in a complex commercial dispute arising from the enactment of the contractor agreement signed with local subcontractors.
  • Representing CFR, the National Railway Company (Romania), in a complex ICC arbitration concerning the performance of a FIDIC agreement.
  • Representing Groupama, one of the major European mutual insurance, banking and financial services group, with regard to several litigations arising from agricultural insurance indemnities, with a total value of EUR 6,100,000. Furthermore, we are assisting the client in a case disputing a maritime insurance policy amounting to USD 5,700,000.
  • Representing Generali Fond de Pensii in relation to the challenge of a decision rendered by the Romanian Competition Council imposing a fine for alleged market sharing agreements with other actors on the mandatory private pensions market.
  • Retained by BNP Paribas, the European leader in global banking and financial services, with regard to a dispute generated by the enforcement of certain guarantee agreements on stocks of crude oil in Romania.
  • Representing ING Bank in a commercial litigation against a German company, involving claims arising from an alleged irregular banking execution procedure.
  • Representing Raiffeisen Bank in the bankruptcy proceedings undertaken against Paneuro group of comp.
  • Representing Banca Transilvania, the largest privately-owned Romanian bank, in connection with a EUR 5,000,000 property-related claim initiated by the mayor of Ramnicu Valcea.
  • Representing NBGI Private Equity, a leading European private equity fund, affiliated to the National Bank of Greece, in a dispute with the local company arising from an investment made by NBGI in an industrial park.
  • Representing a group of private investors in an administrative dispute with the Romanian National Securities Commission on allegations of unlawful concerted actions in specially regulated entities.
  • Assisting BT Medical Leasing, a subsidiary of Banca Transilvania, in a number of preliminary injunction procedures for the restitution of medical equipment acquired by various debtors in default.
  • Representing Prointec, a Spanish provider of advisory services for infrastructure development, in a complex FIDIC litigation before the Romanian courts, concerning the alleged restitution of EUR 3,000,000 due for failure to comply with the contractual obligations undertaken for providing technical assistance regarding traffic safety measures on public roads.
  • Representing Roche Romania, the local subsidiary of the world’s leading healthcare groups, with respect to several commercial litigations concerning the recovery of multimillion commercial debts.  
  • 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 actions.
  • Representing Novartis Pharma Gmbh and Novartis AG in relation to the legal proceedings for challenging the marketing authorizations rendered in favor of various producers of generic medicines, as well as in view of protecting the clients’ marketing and IP rights.
  • Retained by GlaxoSmithKline, the world’s largest research-based pharmaceutical and healthcare company, in connection with multi-million public acquisition disputes, as well as with one of the first pharmaceutical patent infringement-related proceedings in Romania.
  • Retained by GlaxoSmithKline Hungaryin connection with proceedings for the recovery of certain commercial debts arising from the distribution contracts concluded with local distributors.
  • Representing the Romanian Association of International Medicines Manufacturers (ARPIM) before Romanian courts in connection with the annulment of an order issued by the Ministry of Health establishing the prices for medicines.
  • Assisting Pfizer Inc., the world's largest research-based pharmaceutical company, in connection with an intellectual property litigation file.
  • Representing Institutul Pasteur S.A., the oldest and most important scientific research institute for veterinary medicine in Romania, in a special procedure challenging a judgment passed by the High Court of Cassation and Justice in relation to a multimillion real estate dispute for a research facility in the city of Brasov.
  • Assisting a leading Italian manufacturer, active in the fields of construction and management of environmental and industrial engineering works, in a complex ICC arbitration arising from the termination of a FIDIC Contract.
  • Representing Farmexim and Greenet, both companies acting in the pharmaceuticals industry, in connection with a property-related claim initiated by ICE Felix, aiming at rendering a sale and purchase agreement, whereby Greenet acquired an industrial facility located in Bucharest, null and void. Further assisting Greenet in relation to a complex property-related dispute aiming at obtaining the reinstatement of possession over a real estate property, acquired further to the foreclosure of an IT&C company.
  • Assisting Enel in various complex corporate litigations, generated by the company’s reorganization, following several acquisitions on the Romanian energy market.
  • Representing Electrolux before various courts of law in connection with a post-privatization litigation, having as object the ownership over certain business assets of the company.
  • Retained by the Romanian Government, represented by the Romanian Ministry of Finance, in a UNCITRAL arbitration, before the Permanent Arbitration Court in The Hague, initiated by an investor under the Bilateral Investment Treaty signed by Romania and Poland.
  • Assisting PPF Investments, a major Czech investment fund, in a complex dispute among shareholders, over the contractual provisions regarding the available options for exiting the project.
  • Representing Eureko, a leading insurance company, in a complex commercial litigation initiated against the company in relation to alleged insurance claims amounting to over EUR 7,000,000.
  • Representing Elgeka Ferfelis, a leading distributor of various FMCG goods in Romania, in a complex commercial litigation with claims exceeding EUR 5,000,000 arising from the infringement of an exclusive distribution agreement in Romania.
  • Advising Donalam, an industrial manufacturer of ferrous metal products, in relation to an arbitration arising from a distribution agreement of steel blooms, the firm secured a successful award.
  • Representing the Romanian subsidiary of Remco, the Dutch construction company renowned for its innovative steel building structures, in a domestic construction arbitration case before the International Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
  • Representing Generali Holding Vienna in a complex arbitral litigation file before ICC, deriving from an agreement concluded with a local insurance company.
  • Representing Orange Romania S.A. in a complex administrative litigation against several measures enacted by the National Communications Regulatory Authority establishing tariffs on the mobile telephony market.
  • Representing Credit Europe Bank (Romania) S.A. in a complex litigation concerning the validity of the ownership title over a real estate asset owned by the Client.
  • Successfully acted for Credit Europe Bank (Romania) S.A. before the courts of law in connection with a multi-million Euro 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.
  • Advising and representing Leumi Bank before Romanian courts regarding employment matters.
  • Representing the Romanian National Air Transportation Company, TAROM, in several employment litigations related to alleged salary compensations claimed by trade unions, in accordance with the collective bargaining agreement concluded at company level
  • 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.
  • Representing Romstal Leasing in a fiscal litigation case initiated against the National Agency for Fiscal Administration (ANAF) in relation to VAT, income tax and other duties payable to the State budget.