Andra-Mihalache-230x415px
ANDRA MIHALACHE
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Partner

Areas of practice: Dispute Resolution, Civil Law, Fiscal and Administrative Litigation, Corporate & Commercial Law, Enforcement

 

Bucharest Headquarters

Phone: +40 21 202 59 13
Fax: +40 21 223 04 95
Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

 

E-mail: andra.mihalache@musat.ro

Andra has a well-earned reputation for successfully representing clients in complex and controversial disputes. Her diplomacy and efficiency have seen her assist multinational corporations, local private companies, banks and other institutions in almost all types of disputes, including commercial, fiscal and administrative, as well as in relation to judicial reorganisation and bankruptcy procedures. She advises clients in a wide range of industries, including real estate and construction, banking, energy and public utilities. Andra also has an extensive experience in civil disputes related to the restitution of properties that were abusively taken over by the communist regime.

Career & Qualifications

EDUCATION

  • Master of Laws – Business Law, Faculty of Law, University of Bucharest (2011-2012).
  • BA in Law, Faculty of Law, University of Bucharest (2007-2011).

CAREER

  • Experience within Muşat & Asociaţii: >9 years
  • Partner, Muşat & Asociaţii: December 2020 – present
  • Managing Associate, Muşat & Asociaţii: January 2020 – November 2020
  • Senior Associate, Muşat & Asociaţii: January 2014 – December 2019
  • Associate, Muşat & Asociaţii: 2011 – 2013.

Foreign languages

  • English

Relevant Experience

A selection of Andra’s recent mandates include advising/representing:

  • The highest academic forum in Romania in disputes seeking the restitution of 4.400 hectares of forestry land abusively taken over by the communist regime, and of 7.000.000 EUR in debt.
  • Leading local companies in a dispute seeking the restitution of 12.000 hectares of forestry land abusively taken over by the communist regime.
  • Representing clients in numerous litigation cases seeking the restitution of properties that were abusively taken over by the communist regime, in accordance with Law no. 10/2001, Law no. 18/1991 and other specific restitution laws.
  • Several leading Romanian industrial companies and individuals in relation to a complaint to the European Court of Human Rights;
  • The public radio broadcaster in Romania in a dispute seeking the annulment of a decision of the Court of Auditors;
  • The Romanian subsidiary of one of the largest international insurance groups in Central and Eastern Europe in several disputes challenging the Policyholder Guarantee Fund’s decisions to dismiss our client’s various payment requests.
  • An important European insurance company, in a maritime litigation arising from an insurance agreement for a cargo ship.
  • A leading pharmaceuticals producer in dispute with a distributor concerning claims of over EUR 80 million, as well as in the distributor’s insolvency procedure for claims of over EUR 80 million.
  • The main Singaporean company specialized in agriculture, technology and performance of chemicals for different industries, in a USD 600,000 dispute.
  • A leading Romanian financial services company in a EUR 300,000 malpractice litigation.
  • The leading Romanian exhibition centre development and management company, in a complex RON 45 million dispute, deriving from a contractor agreement.
  • One of the largest companies specializing in veterinary services, human use pharmaceutical products, medical and agricultural equipment, in several different disputes related to a land concession.
  • An international leader in the construction and management of environmental and industrial works, before the national courts in three proceedings relating to the annulment of 3 arbitration awards rendered by the ICC Paris International Court of Arbitration.
  • A leading Greek bank in a claim for damages of EUR 450,000.
  • The subsidiary of a major international company managing and operating hotels in Israel and abroad, before the Romanian courts in a RON 3,500,000 dispute arising from the issuance of a comfort letter.
  • A major company registered in Cyprus in an appeal against an enforcement notice for approximately EUR 21,000,000.
  • A Romanian company, in a claim seeking compensation in the amount of RON 200,000, representing the value of the lack of use of a land.
  • The state-owned thermal power company, during its liquidation process.
  • The Romanian Government, in the sale of the national rail freight company;
  • A leading Romanian power & telecommunications lines construction company, in the enforcement procedure initiated against Enel Distribuție Muntenia and in the related procedures (appeals against enforcement and validations of garnishment) for the recovery of a debt in excess of RON 11,140,000.
  • A top Swiss company focused on investments in renewable energy, in the development of over 50 photovoltaic plants with a total installed capacity of 300 MW and on the related green certificates rights. The investment is worth approximately USD 380 million. We advised the client on the development of the entire project portfolio in Romania, including drafting a complex legal audit for all 50 projects, submitting solutions in respect of any legal issues , structuring the transactions and drafting all transactions documents, including sale and purchase agreements, EPC and O&M, purchase of energy and purchase of green certificates.
  • One the largest private producer and provider of drinking water supply, sewerage and energy services in Romania, in various civil disputes and in the settlement procedure regarding the civil lawsuits.
  • The Romanian subsidiary of a leading regional real estate developer, in an arbitration before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, related to a construction claim amounting to RON 620,000.
  • An important Romanian writer and journalist, in intellectual property litigations extensively propagated through media regarding (i) RON 200,000 damages for intellectual property rights infringement of a cinematographic work and (ii) RON 100,000 damages for intellectual property rights infringement on a name of a public person from Romanian history registered as trademark.
  • The leading international courier services company in Romania in various debt recovery procedures.
  • One of the major Romanian mutual insurance companies, in over 1,000 disputes arising from asset insurance contracts and civil liability insurance for car owners (RCA).
  • Numerous clients in disputes against the Court of Auditors.
  • A local private forest administration authority, in administrative disputes relating to a contravention complaint, and also an appeal against enforcement related to tax matters;
  • A leading Romanian media group, in a series of complaints against certain certificates attesting the completion of the registration of right of ownership of the State over a series of properties.
  • A leading independent Romanian record label, in a series of disputes related to intellectual property rights.
  • A global leader in developing and producing responsible packaging for food, beverage, pharmaceutical, medical, home- and personal-care, on the assignment of litigious rights over property.
  • A local Water Company, in a dispute concerning the execution of a bank letter of guarantee.
  • The public television broadcaster in Romania, in administrative and land-related disputes.
  • A leading Romanian company listed on the Bucharest Stock Exchange, in an administrative dispute seeking the annulment of a decision issued by the authorities to rank a building in the national cultural heritage.
  • Other activities included assisting and representing clients in civil and commercial disputes, mainly consisting in: debt recovery, enforcement, commercial contractual disputes, real estate disputes, fiscal and administrative disputes etc.

Memberships

  • Bucharest and Romanian Bar Associations (Admitted 2011)

Conferences

  • Conference “Difficult Civil Procedure Issues”, 2nd Edition, organised by the Legal Sciences Society, Palace of the Chamber of Commerce and Industry of Romania, Bucharest, 21-22 February 2014;
  • Extraordinary Conference “NCPC Big Four”, organised by the Legal Sciences Society, University of Bucharest, Faculty of Law, 27 September 2013;
  • Conference “Difficult Civil Procedure Issues”, 2nd Edition, organised Legal Sciences Society, Palace of the Chamber of Commerce and Industry of Romania, Bucharest, 21-22 February 2014;
  • Extraordinary Conference “NCPC Big Four”, organised by the Legal Sciences Society, University of Bucharest, Faculty of Law, 27 September 2013;
  • Conference “Campaign regarding the delay in making payments”, organised by the European Commission, Ramada Majestic Bucharest Hotel, Bucharest, 26 June 2013;
  • Conference “How will the New Civil Procedure Code be applied as of 15 February? The challenges of the new regulations and the impact on the business environment”, organised by Medifax Talks and Ţuca, Zbârcea şi Asociaţii, Radisson Blue, Bucharest, 19.03.2013;
  • Conference “Difficult Civil Procedure Issues”, organised by www.juridice.ro, Romanian-American University, Bucharest, 8-9 February 2013;
  • Conference “Understanding and Applying the New Civil Procedure Code”, organised by the National Institute for Lawyer’s Training and Improvement, Faculty of Law of University of Bucharest, Bucharest, 06 July 2012-07 July 2012;
  • Conference “Knowing, understanding and applying the new fundamental codes of Romania (New Civil Code and New Civil Procedure Code)”, organised by the National Institute for Lawyer’s Training and Improvement, Faculty of Law of University of Bucharest, Bucharest, 30 September 2011-01 October 2011.
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