Shipping, Aviation & Transport Law

Our Shipping, Aviation & Transport Law practice holds considerable domestic and international experience. Our lawyers specialize in shipping litigation and finance, including “dry” litigation and arbitration for owners, P&I and defence clubs, charterers, cargo underwriters and bunker suppliers, shipbuilding disputes and shipping finance, acting for banks and other financial institutions and structuring shipping finance and related collateral.

We have advised on many aspects of Trade and Transport of goods by sea, road and air, such as sale/purchase, charter, cargo insurance, recovery, arrest, execution, cargo and freight claims, maritime liens, maritime litigation and arbitration. We also have considerable experience and expertise in advising on the relevant Romanian statutory and regulatory framework.

Our Aviation & Aerospace expertise ranges from international aspects of Aviation Law to specific advice on the Romanian aviation legal regime. Our firm has acted in a wide range of matters from purchase of aircraft, crossborder leasing, advising on major loan agreements, lease and mortgage of aircraft and the registration, enforcement and securitization of aircrafts. Our experience has extended from advising on the privatization of the national airline carrier to the incorporation of special corporate vehicles for airline services.

Below you will find some of our Shipping, Aviation & Transport practice highlights, together with a set of other representative mandates of our team.

Practice Highlights.

A selection of our deal highlights includes advising and representing:

A prominent shipbuilding group, on the acquisition from a major South Korean shipbuilding company of a Romanian shipyard, the sole Romanian producer of military vessels, and subsequent joint venture with the Romanian State.
An Israeli defense technology company, with respect to a complex agreement concluded with a Romanian state-owned defense contractor and the Romanian Ministry of Defense for supplying advanced aviation systems.
An international player in the design, manufacture, maintenance, and supply of equipment and components for railway systems, in connection with the public acquisition launched by the local company which runs the Bucharest Metro, in view of awarding the Sectorial Contract for the acquisition and commissioning of 16 new subway trains to serve Bucharest underground network, with a total value of approximately EUR 100 million. Legal work included drafting and reviewing the tendering documentation, as well as assistance during all stages of the procedure.
A member of a prominent shipbuilding group, on a financing transaction involving major European banks, in connection with a EUR 700 million credit facility project for the construction of vessels.
A major player in the railway wagon industry, in connection with the acquisition of three Romanian companies in the wagon industry, the largest railway wagon producers in Romania, with an overall value of EUR 150 million. Our mandate covered an extensive due diligence exercise on all three companies, as well as assistance during negotiations with the sellers and the creditors, drafting the relevant sale-purchase agreements and related documentation. The acquisition of the assets pertaining to the three leading undertakings in the wagon industry, in view of continuing and further developing the business, turned this transaction into one of the most important on the Romanian market to date.
A major European financial institution, in structuring the entire project finance scheme in relation to financing the construction and development project of an airport in Romania.
A major European financial institution, in connection with structuring and negotiating a project finance scheme in excess of EUR 17 million granted to a Romanian municipality for purposes of public transportation development.

A leading U.S. financial services company, in connection with a financing project for vessel construction in Romania, including drafting the mortgage agreements over the vessels under construction and conducting all registration formalities thereof with the local port authorities.
A Romanian shipyard, in connection with the construction and sale agreement of the biggest vessel ever built in Romania.
A prominent shipping company, in connection with the successful acquisition (buyout) of the remaining 50% share quota held by a Romanian logistics company in a joint venture.
A European division of a Swiss aerospace group, in relation to its facility for the production of aluminum components for the aerospace industry located in North-Western Romania.
A leading Italian aeronautical manufacturer, with regard to its proposed bid for the privatization of a high-profile Romanian aircraft producer. Our legal assistance included drafting and negotiating the security documents, handling the necessary registrations in Romania, and issuing a legal opinion on the effectiveness of the securities structure.
A major Romanian bank, in connection with a loan facility of USD 115 million granted for the purchase of six oil drilling rigs, providing legal assistance on the validity and enforceability of the maritime mortgage.
The largest mining company in South America, and one of the four largest companies in the global metals & mining industry, on various transport law proceedings, including drafting cargo agent and port operator services agreements regarding a major import, stockpiling, and transit operation of Brazilian iron ore through Constanța.
A global aviation services company, for performing a legal survey on Romanian legislation and judicial practice, including advice on maritime transport of containers and other equipment and ship arrest matters.
A Norwegian maritime services company, in various legal proceedings involving Romanian subcontractors, with a view to prevent the latter from seizing a fishing vessel owned by the Norwegian company while located in Romanian waters, based on a proceeds claim related to contracted shipbuilding services.

Other representative mandates in the Shipping, Aviation & Transport practice area include legal assistance to:

The Ministry of Transport, in connection with drafting the due diligence on the Romanian state-owned shipping companies, in view of their privatization by the Romanian Privatization Authority.
One of the largest shipping companies in Romania, in connection with joint-venture agreements concluded with international shipping companies from Greece and Norway, as well as drafting various commercial contracts, and drafting a legal opinion on various shipping issues, such as ship arrest and ship claims.
The national oil company of Romania, on a shipping agreement for the transport of imported oil. We assisted in the negotiations of various types of charters (voyage charter party, time charter party, shipment charter, management agreement, and bareboat charter).
A world leader in cargo services and port management, in the proposed construction of a port for loading, unloading, and transport of container freight in Constanța.
A large Romanian shipping company, in commercial and shipping litigation resulting in the arrest of a ship to secure interlocutory relief and contractual performance.
A global aviation services company, on various aviation matters in connection with regulatory issues ranging from aircraft leasing agreements concluded with several business partners.
The Romanian Ministry of Transport, with respect to the restructuring process of the national air company, as a first step towards privatization.
Advising on a leasing agreement concluded between an aviation services company and a Romanian low-cost charter airline, in connection with a Boeing 737-377 aircraft.
An aviation services company, on leasing agreements concluded with a Romanian low-cost charter airline, in relation to a Boeing 737-300 aircraft and a Boeing 737-500 aircraft.
Advising on leasing agreements concluded between an aviation services company and a Romanian airline, in relation to three Fokker F70 aircraft.
An aviation services company, in relation to Romanian law aspects regarding the repossession of an aircraft leased to a Romanian airline.
Advising on leasing agreements concluded between a global aerospace company and a Romanian low-cost charter airline, in relation to three Boeing 737-800 aircraft.
An aircraft leasing company, in relation to the lease of several Boeing aircraft and engines to a Romanian low-cost charter airline. Assisting the client in negotiating the assignment of its agreements on alternative corporate structures and assisting with all required regulatory work with the Romanian Civil Aviation Authority. We have also assisted the client in debt recovery procedures, including grounding of aircraft on Romanian territory and negotiations with contracting parties.
A Scandinavian bank, with respect to mortgage agreements involving two Saab 340B aircraft and their registration with the Romanian Aircraft Registry. Our legal assistance included issuing a legal opinion on the effectiveness of the securities structure.
An international aerospace company, on various aviation matters related to regulatory issues concerning aircraft leasing agreements with its business partners.
A major aerospace division of a global banking institution, regarding various regulatory issues in structuring potential aviation business in Romania.

Advising on a leasing agreement between a North American leasing corporation and a Romanian low-cost charter airline, concerning a Boeing 737-400 aircraft.
Two Swedish banks, with respect to loans exceeding USD 20 million granted to a Nordic aviation contractor for financing five Saab 2000 aircraft currently leased to a Romanian airline.
A leading helicopter manufacturer, with respect to a contemplated equity joint venture with a Romanian helicopter producer, focusing on the manufacturing of helicopters and helicopter equipment.
Assisting the national airline of Romania, on an aircraft lease agreement with an Irish airline and its associated companies, concerning a Boeing 737-548 aircraft.
A worldwide aviation services company, on a leasing agreement with the national airline of Romania for financing a Boeing 737300 aircraft, including a mortgage over the aircraft and its registration with Romanian authorities.
A large British bank, in connection with a mortgage over a Boeing 737-500 aircraft and its registration with the Romanian Aircraft Registry.
An international aircraft operator, with respect to legal issues related to placing an aircraft for servicing with a Romanian repair and maintenance company.
The Romanian subsidiary of a global leader in international express, air and ocean freight, overland transport, and logistics, in connection with various transport-related matters, including drafting transport agreements and providing legal assistance in related litigation arising from express mail activities.
The local subsidiary of a global container port operator, in the negotiation and conclusion of commercial agreements for acquiring equipment for loading and unloading containers, and negotiating a multi-million USD rent and operation agreement with the Constanța Port Authority for several areas in the Black Sea Container Terminal.
A major transport company, in drafting and negotiating several commercial agreements with various business partners, including railway vehicle maintenance and other transportation issues.
A UK-based law firm specializing in maritime law, on the procedure for arresting a post-Panamax container vessel docked for repair in Constanța.
A Netherlands-based shipping law firm, on aspects related to the possible assignment of rights over shipped cargo and the potential filing of legal action against a carrier under Romanian law.
The largest Romanian DIY retail chain, on negotiations for executing a Sale-Purchase Agreement for a corporate business jet, and on registration formalities with the Romanian Aeronautical Civil Authority.
One of the largest global helicopter operators, in connection with various regulatory issues related to its flight operations in Romania, as well as assisting with corporate matters relating to its local subsidiary.
A Belgian law firm specializing in maritime law, regarding regulatory aspects of the sale of a ship and the formalities necessary to remove it from Romanian registers.
An integrated aircraft operator in leasing and charter, in drafting a legal opinion on a rental contract with a Romanian company concerning a Boeing 737-300 aircraft, and on various legal aspects of the registration procedure with the Romanian Civil Aeronautical Authority.

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Legal 500

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Clients praise the firm for its “quick understanding of the needs of the client, strong competence on Romanian law, and familiarity with international legal practice in acquisitions”.

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Attorneys

Iulian Popescu

Infrastructure & PPP/Public Procurement
Telecom, IT & Media
iulian.popescu@musat.ro

Andrei Ormenean

Corporate & Commercial Law
Energy & Natural Resources andrei.ormenean@musat.ro

Șirin Stan (Omer)

Corporate & Commercial Law
Energy & Natural Resources sirin.stan@musat.ro

Georgiana Negulescu

Litigation & Arbitration
Administrative Law
georgiana.negulescu@musat.ro

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