Overview & Experience

Our Litigation & Arbitration department is broadly based and has acquired unrivalled expertise, being the first in the country to be organized along departmental lines. Disputes being 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, labour, maritime, real estate, securities, family, successions and additional claims raised during enforcement of civil and commercial judgments or awards.

GHEORGHE BUTA
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9V8A5283 Gheorghe Buta resized

Co-Managing Partner

Areas of practice: Litigation & Arbitration, Criminal Law (White-Collar Crime), Corporate & Commercial Law

Phone: +40 21 202 59 08

Fax: +40 21 223 04 95

E-mail: gheorghe.buta@musat.ro

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

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A selection of our recent instructions is given below:

  • Representing one of the largest energy providers in Europe as lead legal counsel, in a highly complex ICC arbitration (venue of arbitration: Paris) proceeding regarding energy-related matters, involving multiple claims in excess of USD 1,200,000,000.
  • Advising and representing one of the largest financial investment funds in Romania, listed on the Bucharest Stock Exchange, in relation to various complex disputes with a total value of EUR 127,000,000.
  • Representing one of the major Spanish construction companies in relation to several civil disputes in public procurement matters, as well as in domestic litigations regarding public procurement proceedings in connection with works and services of public interest. Deals’ value exceeds EUR 90,000,000.
  • Successfully representing one of the largest energy providers in Europe in an ICC arbitration case involving claims in excess of USD 59,000,000.
  • Representing a world leader in construction and maintenance of infrastructure for transport, urban development and facilities, in three complex ICC arbitration cases (venue of arbitration: Geneva) arising from international construction contracts (infrastructure projects) with the aggregate amount in dispute exceeding USD 95,000,000.
  • Successfully represented one of the world’s leading providers of supply chain solutions, in litigation for the recovery of the cargo aboard one of the largest ships in the world, carrying goods valued at more than EUR 70,000,000. We have also assisted the client on specific liability issues raised from the seizure, by the German Federal Ministry for Economic Affairs and Energy, of 3 military MIG-21 BIS aircrafts belonging to the Ministry of Defence of the Republic of Mozambique.
  • Assisting and representing a leading Greek bank in multiple files having as object the evidence regarding the legitimacy of the enforcement procedures initiated against various debtors and/or the abusive character of the contractual clauses in agreements concluded with the clients of the bank.
  • Representing the Romanian Government in a complex ICSID arbitration, with aggregate claims exceeding USD 350,000,000. The claim, successfully settled in favour of the Romanian State, has been initiated by an US investor alleging Government’s failure to comply with the provisions of the Bilateral Investment treaty between Romania and the U.S.A..
  • Acting for one of the world’s largest steel producers in relation to one of the most complex international litigation cases, 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 one of the largest gas and refining businesses in the country, in three major litigations in Romania, in the context of the upcoming repayment by the Client of a historical debt in total value of EUR 570,000,000 to the Romanian State. Further acting for the Client in one of the highest-profile disputes, initiated against CNVM (the National Securities Commission) involving claims of USD 50,000,000 (the biggest damage ever claimed by a private investor from a public authority in Romania) and challenging several administrative deeds issued by CNVM.
  • Acting for 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.
  • Representing a large group of consumer goods production against the Romanian State in relation to ICSID arbitration, with aggregate claims in excess of EUR 350,000,000.
  • Representing a Romanian public authority 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 cashing down certain investment funds).
  • Successfully representing several leading pharmaceuticals entities, including a Denmark-based pharmaceutical company and world leader in the production of insulin and diabetes treatments, a leading international pharmaceutical company, a foremost national pharmaceutical company and world-wide provider of human proteins, in a series of administrative disputes regarding the payment of the claw-back contribution for financing the Romanian public health system.
  • Representing an important aviation company in the criminal file investigated by the Prosecutors’ Office with the High Court of Cassation and Justice, in relation to an aviation accident which took place in January 2014, in Romania.
  • Advising the local subsidiary of a Swiss global healthcare company in various pharmaceutical litigations dealing with claims worth over EUR 100,000,000.
  • Representing a well-known Israeli bank in various complex litigation cases covering a wide array of disputes, ranging from corporate and commercial disputes, labor, insolvency and white collar crime investigations, with a total value of more than EUR 30,000,000.
  • Successfully represented a Romanian Municipality regarding a dispute with a major leasing company, the financing entity for a Gondola Lift.
  • Representing a State authority before the Romanian courts in disputes regarding public procurement agreements, with claims exceeding EUR 70,000,000.
  • Successfully representing 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 as lead counsel for a Greece-based industrial conglomerate in defending claims amounting to EUR 32,000,000 in UNCITRAL arbitration, stemming from the privatization contract of a major metallurgical Romanian company.
  • Legal assistance to a major German project development company in relation to a EUR 30,000,000 arbitration case before the International Court of Arbitration of the Romanian Chamber of Commerce.
  • Representing 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 a State authority in a USD 24,800,000 litigation file against one of the foremost international pharmaceutical groups, following the latter’s failure to meet the investment obligations undertaken in accordance with the privatization agreement of one of the first medicine and dietary supplement manufacturers in Romania.
  • Representing a large international banking and financial services company 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 one of the major Romanian banking institutions in various corporate disputes with its most significant minority shareholder.
  • Assisting a major Romanian industrial manufacturer of ferrous metal products in relation to arbitration before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
  • Acting for a leading 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 one of Romania’s largest GSM network operators 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 a leading company acting in the field of light industry, before various courts of law in connection with a post-privatization litigation with claims exceeding EUR 15,000,000.
  • Assisting and representing 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 one of the leading industrial companies in relation to a commercial litigation commenced against one of the largest Romanian soda ash manufacturers, in view of recovering outstanding payables of approximately EUR 12,000,000.
  • Representing a highly specialized drinking water treatment and waste water purification company in a complex commercial dispute arising from the enactment of the contractor agreement signed with local subcontractors.
  • Representing one of the major European mutual insurance, banking and financial services groups with regard to several litigations arising from agricultural insurance indemnities, with a total value of EUR 6,100,000.
  • Representing a leading insurance group in relation to the challenge of a decision rendered by the Romanian Competition Council.
  • Retained by 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 the largest privately-owned Romanian bank in connection with a EUR 5,000,000 property-related claim.
  • Representing a leading European private equity fund, affiliated to the National Bank of Greece.
  • Representing a group of private investors in an administrative dispute with the Romanian National Securities Commission (CNVM) on allegations of unlawful concerted actions in specially regulated entities.
  • Representing a Spanish provider of advisory services for infrastructure development, in a complex FIDIC litigation before the Romanian courts, claims in excess of of EUR 3,000,000.
  • Representing an American global pharmaceutical company 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 the oldest and most important scientific research institute for veterinary medicine in Romania in a special procedure challenging a judgement passed by the High Court of Cassation and Justice in relation to a multimillion real estate.
  • 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.
  • Assisting one of the largest energy providers in various complex corporate litigations, generated by the company’s reorganization, following several acquisitions on the Romanian energy market.
  • Representing a multinational household and professional appliances manufacturer before various courts of law in connection with post-privatization litigation.
  • Retained by a State authority in UNCITRAL arbitration, before the Permanent Arbitration Court in The Hague, initiated by an investor under the Bilateral Investment Treaty signed by Romania and Poland.
  • Representing 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 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.
  • Representing the Romanian subsidiary of a Dutch construction company in a domestic arbitration case before the International Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
  • Representing one of the largest primary insurance groups in a complex arbitral litigation file before ICC.
  • Representing one of Romania’s largest GSM network operators in a complex administrative litigation against several measures enacted by a State authority.
  • Successfully acted for the Romanian subsidiary of an international financial holding company before the courts of law in connection with an Euro multimillion 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.
  • Representing the Romanian National Air Transportation Company in several employment litigations.
  • Representing one of the biggest sanitary ware distributors in Romania in a fiscal litigation against the National Agency for Fiscal Administration (ANAF) in relation to VAT, income tax and other duties payable to the State budget.

Accolades 
“Quality and timely advice” is the hallmark of this national practice. The team is praised by clients for its “experienced and skilful litigators who are extremely client-focused”. Source: Chambers Europe

Highly recommended in Dispute Resolution by Chambers Global.

Muşat & Asociaţii has a strong dispute resolution team, that has been appreciated by Legal 500 Europe as “very dynamic”, with “strong knowledge and experience” and is noted for its expertise in arbitration and all areas of litigation. Source: Legal 500

Sources say “it was able to provide specialized lawyers in no time - the firm is outstandingly reactive”. Source: Chambers & Partners

Ranked as “Leading” law firm in Dispute Resolution by the highly regarded British publication Legal 500 Europe, Middle East & Africa.

“Muşat & Asociaţii’s full involvement in cases is really appreciated”. Moreover, “Muşat combines deep technical knowledge and a high level of business awareness”. Source: Chambers Europe, 2013

“Adept in fiscal litigation, the firm has worked on complex bankruptcy litigations.” Source: Chambers & Partners

“Muşat & Asociaţii retains significant capability in the disputes field.” Source: Legal 500

“The team is very experienced and responsive. We really appreciate the lawyers' vast industry knowledge and excellent services.” Source: Chambers & Partners

“This firm offers a well-rounded and comprehensive dispute resolution practice, with regional and multinational coverage.” Source: Chambers & Partners

“The broad-based practice covers arbitrations for international clients, as well as large commercial disputes on the domestic front.” Source: Legal 500

“Muşat & Asociaţii's strong practice has a proven track acting for both public-sector bodies and private companies defending and pursuing litigation claims.” Source: Legal 500

The team is praised by clients as being “able to reconcile parties and resolve disputes before recourse to the courts, a great and important skill for companies, saving time and money”.

Highly recommended in Dispute Resolution by Chambers Global.

“The broad-based practice covers arbitrations for international clients, as well as large commercial disputes on the domestic front.” Source: Legal 500
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