Dispute Resolution

Disputes arise in a variety of settings and legal areas and may trigger significant financial and reputational consequences for businesses. While disputes arise in all environments, economic crises increase the frequency, intensity and complexity of legal conflicts. Our litigation practice is built on the principle that knowing your client’s business and the sector are key to a successful litigation strategy as this is based on a correct understanding of the implications of any given dispute, the arguments supporting the client’s position and the risks attached to each possible decision. Moreover, such in-depth knowledge is crucial in timely adapting initial strategies to reflect various changes in the elements considered in the decision making process.

While the art of persuasion and obtaining favourable decisions especially in complex disputes have always been among the main drivers of our involvement in this legal practice, we are proud of our business-oriented approach, in which our role is primarily to support our clients in defining and adapting their strategy. In doing so, we combine several years of experience in dealing with local and international clients active in various industries, a sound knowledge of the local realities, and especially of the Romanian court system, the highly-prized support of the other PeliFilip practices, as well as a network of local experts, tax consultants, enforcement officers and other contacts whose experience in dealing with various practicalities has often rendered itself extremely valuable.

Once the available options have been assessed and the strategy agreed, our aim is to always resolve disputes quickly and effectively with as little disruption to the client’s business as possible and, of course, minimising total expenditure for the client.

 KEY REFERENCES 2008-2011

•  Legal assistance and representation of the waste management division of an international investor in connection with various disputes regarding the rights deriving from the concession of the waste management system in a large Romanian city;
• Legal assistance to an international real estate developer in a dispute with the Romanian tax authorities regarding the application of VAT legislation, amounting to approximately EUR 9 million;
• Legal assistance provided to a Romanian real estate developer in an arbitration arising from a 1999 FIDIC Red Book Contract, the amount in dispute being of approximately EUR 34 million; the project consists in the development of a residential compound with a final built-up area of 190,000 sqm;
• Legal assistance and representation of a well-known dairy producer in various lawsuits arising under the capital markets and privatization legislation;
• Legal assistance and representation of an important local real estate developer in an international arbitration arising out of the termination of a 1987 FIDIC Red Book construction agreement for an office building located in Bucharest, amounting to approximately EUR 23 million;
• Legal assistance and representation provided to one of the leading Romanian groups in an arbitration dispute pending before the Court of Arbitration attached to the International Chamber of Commerce, in connection with the forward sale of a mixed real estate project located in Bucharest;
• Legal assistance and representation of a Hungarian contractor in various disputes arising out of several FIDIC construction agreements for the development of real estate projects located in Baia Mare County, Braşov and Ilfov counties;
• Legal assistance of an international pharmaceutical producer in various labour disputes;
• Legal assistance and representation of AEW Europe in various landlord-tenant disputes and insolvency proceedings, as well as several lawsuits in connection with the development of a real estate project in Targu Mures;
• Legal assistance and representation of a local steel products manufacturer in connection with a restitution claim for a large plot of land located in Galati, as well as a dispute against an international bad debt insurer;
• Legal assistance of two local real estate developers in a commercial litigation amounting to EUR 4 million;
• Legal assistance and representation of MJ Maillis in connection with over 40 insolvency and debt recovery proceedings and
• Legal assistance and representation of the Galati Municipality in a dispute regarding the issuance of a building permit for the construction of a commercial project.