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GHEORGHE BUTA
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Of Counsel

Areas of practice: Dispute Resolution, Criminal Law/ White-Collar Crime, Corporate & Commercial Law, Insolvency & Bankruptcy

 

Phone: +40 21 202 59 08

Fax: +40 21 223 04 95

E-mail: gheorghe.buta@musat.ro

 

Gheorghe Buta, PhD, is a first-class trial lawyer and one of the best-known practitioners in Romania. He specialises in commercial, civil and criminal disputes. With a judicial career spanning 40 years, he is an extremely experienced and multi-skilled lawyer who advises on all aspects of business law, civil law, civil procedure, administrative litigation, as well as criminal law and criminal procedure.

Over the years Mr Buta represented important local and international players from various industry sectors, including pharma, energy, oil & gas, investments, and transport. Mr Buta defends the interest of clients in complex litigation and arbitration cases, with a particular focus on matters related to commercial disputes, recovery of commercial debts, insolvency procedures and enforcement, civil disputes in public procurement matters, complex fiscal litigation cases initiated against fiscal authorities on matters related to VAT, income tax, and other duties due to the State budget.

While a magistrate, Mr Buta served first as a prosecutor, then as a judge in courts of all levels, including the High Court of Cassation and Justice for 6 years. Additionally, he was Chairman of the Bistrita Nasaud Tribunal, of the Cluj Court of Appeal, and also served as Chaiman of the High Court of Cassation and Justice – Commercial Division. Mr Buta is also an arbitrator on the panel of the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania. Twice member of the Superior Council of Magistracy, he was nominated in 2007 by the Government as Romania’s candidate for a judge position at the European Court for Human Rights.

Mr Buta is the author and co-author of more than 10 reference works in civil, commercial and civil procedure topics, as well as over 120 studies, articles and comments published in high–profile professional publications. He is the manager of the Romanian Jurisprudence Review.

Education

EDUCATION

  • Postgraduate diploma in Commercial Law, Babeş–Bolyai University Cluj–Napoca (2002)
  • Postgraduate diploma in criminal sciences, Babeş–Bolyai University of Cluj–Napoca (1986)
  • Law degree, Babeş–Bolyai University of Cluj–Napoca (1979)
  • Skills upgrading to “Universite Libre de Bruxelles, European Court for Human Rights, European Court of Justice, The European Network of Councils for the Judiciary etc.

LANGUAGES

  • French, English

Memberships

  • Bucharest and Romanian Bar Associations (Admitted 1991)

Accolades

  • “Gheorghe Buta is one of the most well-known and respected experts in commercial, civil and criminal disputes in Romania. An exceptional lawyer with experience, dedicated to the profession.” Source: Legal 500 EMEA, 2020
  • Former judge Gheorghe Buta is a highly regarded dispute resolution practitioner, who has “an extraordinary capacity for analysis, as well as a true understanding of how Romanian courts and judges can interpret the law, based on his extensive judicial career.” His arbitration work recently included acting for Colas in three ICC arbitrations regarding construction contracts. Source: Chambers Europe, 2015
  • Gheorghe Buta is a “terrific lawyer with extensive technical knowledge”, according to clients. Source: Chambers Global, 2014
  • The “exceptional” Gheorghe Buta heads the practice. Source: Legal 500, 2014
  • Department head [Dispute Resolution] Gheorghe Buta is praised by clients foralways paying attention to sensitive issues”. Source: Chambers Global, 2013

Awards

  • The national order “Lawful Service” as officer awarded by the President of Romania – 2000
  • The “Mihai Eminescu” award for legal sciences research presented by the “Mihai Eminescu” International Academy – 2008
  • The “Andrei Radulescu” award for the “New Civil Code – Studies and comments” (collective work), received from the Union of Jurists of Romania – 2012
  • Honours diploma for the “Civil Procedure Code – commented and annotated” [“Codul de procedura civila comentat si adnotat”], second edition, awarded by the Union of Jurists of Romania – 2008
  • The “Istrate Micescu” award for “The Commercial Jurisdiction – Theory and Case-Law” [“Jurisdictia comerciala. Teorie si jurisprudenta”] presented by the Union of Jurists of Romania – 2003
  • The “I.L. Georgescu” award for “The Payment Summons Procedure. Doctrine and Case-Law” [“Procedura somatiei de plata. Doctrina si jurisprudenta”] presented by the Union of Jurists of Romania – 2006
  • The “Judicial Merit” award presented by the President of the Republic – 2002
  • Citizen of honour of Nasaud, Bistrita-Nasaud County – 2008
  • Senator of Honour of “Babes-Bolyai” University Cluj-Napoca – 2012

Publications

  • “The New Criminal and Criminal Procedure codes: Important changes towards modernising the Romanian legal system” (Romania Chapter, IFLR 1000, 2015);
  • “The New Civil Code. Studies and Comments” [Noul Cod Civil, comentarii], Volume One, coordinated by M. Uliescu, Universul Juridic Publishing House, Bucharest, 2012;
  • “The New Civil Code, comments”, [Noul Cod Civil, comentarii] coordinated by M.Uliescu, Universul Juridic Publishing House, Bucharest, 2010 (as well as another two editions, revised and annotated in 2011);
  • “The Civil Procedure Code – commented and annotated” [“Codul de procedură civilă comentat și adnotat”], second edition revised and supplemented, Universul Juridic Publishing House, Bucharest, 2008 (in cooperation with prof. dr. M. Tabarca), 1850 pages –  awarded “Honours Diploma” in 2009 by the Union of Jurists of Romania;
  • “The Civil Procedure Code – commented and annotated” [“Codul de procedură civilă comentat și adnotat”], Universul Juridic Publishing House, Bucharest, 2007 (in cooperation with prof. dr. M. Tabarca), 1750 pages;
  • “The Payment Summons Procedure. Doctrine and Case-Law” [“Procedura somației de plată. Doctrina și jurisprudență”], CH Beck Publishing House, Bucharest, 2006, 540 pages (in cooperation with Prof dr. Ion Deleanu) –  received in 2006 the “Istrate Micescu” award from the Union of Jurists of Romania;
  • “The Commercial Jurisdiction – Theory and Case-Law” [“Jurisdicția comercială. Teorie și jurisprudență”], Lumina Lex Publishing House, Bucharest, 2003, 545 pages – received in 2003 the “I.L. Georgescu” award from the Union of Jurists of Romania;
  • “The New Civil Code – Comments” [“Noul Cod Civil – Comentarii”] (in cooperation), Universul Juridic Publishing House, 2010-2012, 490 pages;
  • “Business Law” [“Dreptul afacerilor”], EFES Publishing House, Cluj-Napoca, 2003, 385 pages;
  • “The High Court of Cassation and Justice – Commercial Division’s Case-Law” [“Jurisprudența secției comerciale a Înaltei Curți de Casație și Justiție”], annual publication (collective work), Hamangiu Publishing House, Bucharest, 2005 (first edition), 2006, 2007, 2008, 2009, 2010;
  • “Case-Law Journal of the Cluj Court of Appeal” [“Buletinul jurisprudenței Curții de Apel Cluj”], annual publication (in cooperation), Lumina Lex Publishing House, 1999 (first edition), 2000, 2001, 2002, 2003, 2004, 2005;
  • Author of more than 120 studies, articles, translations and communications published in collective works and relevant magazines or presented in congresses, conferences, seminaries having as their topic commercial, criminal, civil court law and human rights matters.
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