Romania - Dispute Resolution Lawyers & Law Firms - Europe | Chambers and Partners
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Europe Guide

Dispute Resolution — Romania

Overview

2017 is bound to be a year of changes and the implication of these generally remains unknown. Irrespective of, or as a result of, such change there is a clear indication that the legal market will continue an ascending trend, with a corresponding increase of dispute resolution projects, both in terms of litigation and arbitration. Much like in previous years, the focus will remain on disputes deriving from white-collar crime, public procurement, including disputes related to the use of EU’s funding programs, fiscal and criminal law. There is also a growing number of insurance and energy-related disputes and general contractual ones.

The beginning of the year was marked by a positive outcome of the EU Commission's Mechanism for Cooperation and Verification (CVM), as the Commission’s Report confirmed a positive trend with a continued track record for the Romanian judicial institutions in a time of change in leadership and a strong impetus by the government to strengthen corruption prevention. The report could identify a very limited number of key recommendations, and the undertaking of these will eventually lead to the conclusion of the CVM process. Most of them focus on the responsibility and accountability required by the Romanian authorities and the internal safeguards needed to ensure the irreversibility of the results.

Businesswise, the revival of the economy and the increase in foreign investment are expected to leave their mark on the legal market also in 2017, as the strengthening of the retail, agriculture, real estate, healthcare & pharmaceuticals and IT sectors will naturally bring about an increasing demand for contentious advice. On the other hand, 2017 is expected to bring a dramatic decrease of projects in the renewable energy sector and the associated consultancy legal advice following the elimination of the green certificates aid scheme starting on 1 January 2017. However, related disputes are still pending before the national, international and arbitration courts, as well as an array of other energy-related disputes between the public regulators and/or other players on the market, which will tilt the balance in favour of litigation and arbitration when it comes to the energy sector.

Following the EU Commission’s recommendations, a new public procurement strategy and action plan was implemented in 2016. Thus, in May 2016, the new public procurement laws transposing the EU Directives entered into force and all necessary secondary legislation was adopted by the end of 2016. The previous fragmentation of the legal framework, which allowed space for corruption practices, was eliminated and replaced with a new more stable and predictable legal framework that is expected to limit the possibility for corruption. Since in some specific cases related to, inter alia, the amendment of the public procurement contract, the Romanian legislature chose a different solution than the one stated under the European Classic Directive (2014/24), 2017 is expected to be the year when these new provisions will be tested before the competent courts.

2017 opens up a new inspiring chapter for arbitration in Romania, as the main arbitration institution has announced its intention to review its rules with the purpose of aligning them to those of the most established international arbitral institutions. This counts as one step further in the endeavour to make this method of dispute settlement more appealing to corporate clients, an initiative thoroughly driven by the young team of professionals managing the Bucharest-based Court of International Commercial Arbitration in 2015. In the meantime, arbitration as a trend is growing steadily and it is expected to do so throughout this year.

In terms of litigation, a reorientation from restructuring, insolvency and debt recovery-related disputes towards contractual disputes is expected, these being specific to a development period. It should be noted that there is an increase of cases where companies leave the insolvency state to enter a recovery period. The tendency of the multidisciplinary approach to disputes is maintained, as a significant amount of cases bring together civil and criminal fields that require tailor-made legal project management and case strategy. The optimisation of legal resources requires the set up and training of multidisciplinary teams of lawyers, which remains the challenge of the moment in the business legal market.

In terms of fee policies, there seems to be a tentative ascending trend that is explained by the stabilisation of the economy, although the main players on the market remain open to various sorts of fee arrangements, depending on the budgetary constraints of their corporate clients.

Last but not least, one cannot ignore that recent political changes in Romania following the result of the elections at the end of 2016 may significantly impact the market, as the new majority now governing the country is more focused on social reforms, for example the reform of the criminal laws that is intended to alleviate criminal sanctions related to white-collar crime. At the same time, the change of regime in the US may severely influence the global macroeconomic climate and indirectly, the Romanian now stable and even growing market, which may result in an increase of litigation and arbitration.

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Nestor Nestor Diculescu Kingston Petersen - Dispute Resolution

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Band 1

第一等

Commentary from the Chambers Europe guide

Basic facts about the department
- 5 partners
- 30 other qualified lawyers

What the team is known for Market-leading practice with long-standing and broad litigation expertise, especially regarding financial, competition and commercial matters. Clients include major domestic and international companies from a variety of sectors, including financial services, pharmaceuticals, energy, real estate and infrastructure. Boasts additional experience in employment and IP cases.

Strengths One client comments: "It is a very experienced team that is responsive and gives clear, complete legal advice."

Another impressed client states that the team is "a perfect machine" and praises the "solid capabilities at each level of seniority."

Work highlights Advised a consortium of construction companies formed by Bauunternehmung, Wilhelm Geiger and Comtram Sibiu on the drafting and submission of an EUR18 million arbitral claim regarding the implementation of a contract against CNADNR.

Advised G4S on the recovery of services provided to Poșta Română pursuant to three public procurement contracts worth more than EUR30 million.

Significant clients Archer Daniels Midland, Selgros, Philips, Banca Comercială Română, UniCredit.

Notable practitioners

Peers regard senior partner Ana Diculescu-Şova as a long-standing and prominent dispute resolution lawyer. She possesses extensive litigation experience before both domestic and international courts. Her recent work includes assisting GTH Gaze Industriale with a EUR10 million dispute regarding the construction and operation of a gas supply facility.

Sorina Olaru is well regarded for her broad dispute resolution experience which spans a wide range of areas, including insurance, infrastructure and competition. Clients state that she is "an experienced and reliable lawyer" who "definitely inspires confidence."

Emil Bivolaru is recommended by clients for his particular expertise in financial and real estate-related litigation for high-profile clients. His practice includes assisting with property restitution procedures.

Peggy Şuică-Neagu is praised by one client for her "vast technical knowledge and real commitment to understand issues." She offers dispute resolution experience in issues such as contractual liability, real estate and bankruptcy.

Department profile by Nestor Nestor Diculescu Kingston Petersen

With more experienced litigation lawyers than any other firm active in Romania, we have accumulated highly-specialized expertise and demonstrated practical commercial awareness that uniquely positions us as leading legal advisors to be entrusted with the most sensitive or intricate business disputes.

Lining-up ten Partners coordinating a team of over 50 practitioners, we are particularly equipped to handle complex multi-party or long-standing disputes. We have the resources, coupled with the  flexibility, experience and the practical know how to deliver cost-effective results in thousands of cases each year.

We consistently propose creative, yet practical solutions to our clients when conflicts arise, along with sustainable strategies to reduce future potential risks – in fact, many of the court cases in which members of our team represented clients have developed into precedents that  shaped and strengthened the current domestic case law.

In addition, lawyers, IP and tax consultants across our firm bring their practice and industry-specific knowledge and business insights to enable our litigators to handle even the most complicated issues in:

  • commercial relationships
  • construction and engineering
  • product liability
  • environmental law
  • planning and regulatory
  • fiscal law
  • intellectual property
  • competition and antitrust and unfair competition
  • public acquisition procedures
  • insolvency and bankruptcy
  • property law

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Ţuca Zbârcea & Asociaţii - Dispute Resolution

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Band 1

第一等

Commentary from the Chambers Europe guide

Basic facts about the department
- 8 partners
- 54 other qualified lawyers

What the team is known for Prominent team offering a full service in litigation and arbitration. Assists with an array of disputes pertaining to contract law, tax, insolvency and corporate and commercial matters. Clients include banks and domestic and foreign companies in the transport, infrastructure, real estate and insurance sectors. Offers a niche service in sports and criminal law, including a specialised team focused on white-collar crime.

Strengths One client notes: "I’ve been working with them for a long time and, even under the toughest circumstances or the tightest deadlines, they succeed in delivering and live up to my expectations."

Another client is pleased that "they could deploy needed resources in this difficult dossier in a relatively short time."

Work highlights Represented Swietelsky before the Romanian Court of First Instance in a dispute with CFR over the installation of a public acquisition contract valued at EUR280 million.

Acted for Fonomat on a range of disputes worth roughly EUR13 million. The cases concerned areas such as commercial and telecommunications law.

Significant clients Alstom Transport, ArcelorMittal, Carrefour Romania, Siemens, Gebrüder Weiss.

Notable practitioners

Cornel Popa is well known for his arbitration experience. His recent highlights include assisting Siemens with the EUR8 million settlement of a dispute in the transport sector. He also has notable experience of arbitration in the energy and construction sectors. Popa has been described by clients as "efficient, very experienced and committed."

Robert Roşu is recognised as an experienced litigator, with sources appreciating his "intuitive grasp" of the law and his "understanding of clients' business needs." He possesses notable expertise in litigation concerning administrative, competition, IP and employment matters. He has advised FCC on a EUR23 million public procurement dispute.

Department profile by Ţuca Zbârcea & Asociaţii

The lawyers in Tuca Zbarcea & Asociatii have unrivalled experience in the practice of Litigation and Arbitration, dealing with contentious matters in various areas of practice.Tuca Zbarcea & Asociatii’s litigation team reflects the strengths and diversity of the firm’s considerable resources.

We have represented clients at all levels of the local judicial system, from the lower courts to the High Court of Justice and Cassation, as well as in special proceedings in the Constitutional Court and in international or domestic courts of arbitration. Our lawyers have an in-depth working knowledge of various arbitration procedural rules, such as Rules of Arbitration of the Court of International Arbitration of the Chamber of Commerce and Industry of Romania, ICC, UNCITRAL and ICSID and have dealt with complex substantive law issues in specific litigation circumstances.

Also, we have significantly developed our bankruptcy/liquidation and insolvency practice over the past few years. Our department comprises lawyers with extensive expertise in debt recovery, bankruptcy and liquidation matters, including certified mediators and insolvency practitioners.

Scope of Practice

  • Administrative Contentious
  • Bankruptcy
  • Corporate Disputes
  • Commercial Arbitration
  • Commercial and Civil Litigation
  • Competition
  • Criminal Litigation
  • Employment
  • Enforcement Procedures
  • Family Law Disputes
  • Insurance Coverage
  • Intellectual Property
  • International Arbitration
  • Real Estate Litigation
  • Sports Law
  • Taxation
  • Torts

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Zamfirescu Racoți & Partners Attorneys at Law (ZRP) - Dispute Resolution

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Band 1

第一等

Commentary from the Chambers Europe guide

Basic facts about the department
- 4 partners
- 36 other qualified lawyers

What the team is known for Top player in the market with a long-established litigation and arbitration practice. Has a particular focus on the energy, construction and banking sectors. Notable experience in consumer protection law and criminal cases. Also assists with IP disputes. Clients include major multinationals, leading Romanian companies and public bodies.

Strengths One client remarks: "What characterises this team is the ability to think fast and provide quality work in excellent timing," adding: "They are among the best litigators in the country."

Another source praises the team's client care, saying that it is "always attentive to our company's needs and the client's interest is always first."

Work highlights Acted for OMV Petrom before the International Court of Arbitration on a dispute arising from the enactment of a works contract for the rehabilitation of rail infrastructure.

Represented CA Immo's Romanian subsidiary in a EUR6 million dispute with the local tax authorities.

Significant clients Agenția Națională pentru Resurse Minerale, Deloitte, ENGIE, Philip Morris, Raiffeisen Bank.

Notable practitioners

Calin Andrei Zamfirescu is recognised as "a litigation giant" by one impressed interviewee. His wide-ranging expertise includes both debt recovery and commercial litigation. In recent times, he has represented Glencore in two fiscal disputes regarding income tax and VAT.

Cosmin Vasile is respected for his expertise in contentious matters, including fiscal, energy and patent infringement issues. His recent work includes representing both Romanian public authorities and private companies in ICC and national arbitration concerning complex infrastructure and construction disputes. Clients appreciate his "no-nonsense approach and his direct communication style."

Alina Tugearu is experienced in commercial, IP and administrative disputes. One client states that she is "an excellent litigator and a hard-working individual."

Department profile by Zamfirescu Racoți & Partners Attorneys at Law (ZRP)

Department profile not yet provided by Zamfirescu Racoți & Partners Attorneys at Law (ZRP). Please see their firm profile.

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Dragne & Asociatii - Dispute Resolution

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Band 2

第二等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Ion Dragne and Stelian Garofil
- 6 other qualified lawyers
- 25 other qualified lawyers

What the team is known for Covers a wide range of issues, including commercial litigation, employment disputes and debt recovery issues. Clients include financial institutions and companies from the energy, telecommunications and healthcare sectors. Also active in civil litigation and arbitration under domestic and international rules. Particular activity in cases related to banking, construction and real estate.

Work highlights Advised Alpha Bank on disputes related to enforcements initiated by the bank. The cases are worth a total of roughly EUR7.5 million.

Represented The Financial Supervisory Authority (ASF) in a range of employment disputes with former presidents and vice-presidents of the authority.

Significant clients European Drinks, Monorom Construct, BCR, Orange, Hidroelectrica.

Notable practitioners

Ion Dragne is a well-known presence in the market and has extensive experience of litigation and arbitration. He has recently represented Eureko Consultanta Si Servicii in litigation regarding a EUR7 million insurance agreement.

Delia Bosman has experience in commercial litigation and tax disputes. She is active in both domestic and international cases. Interviewees regard her as "a good up-and-comer."

Andreia Dumitrescu has a growing reputation in the dispute resolution market. She has experience in disputes regarding construction, insurance and insolvency. She recently assisted K&S Electric Power with complex disputes worth EUR80 million, including insolvency and damages claims.

Department profile by Dragne & Asociatii

Department profile not yet provided by Dragne & Asociatii. Please see their firm profile.

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Muşat & Asociaţii - Dispute Resolution

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Band 2

第二等

Commentary from the Chambers Europe guide

Basic facts about the department
- 9 partners
- 40 other qualified lawyers

What the team is known for Respected full-service offering that regularly works with domestic and international clients, including those from areas such as retail, energy, media and banking. Well known for work in international arbitration as well as commercial, anti-corruption, competition and white-collar crime litigation. Especially active in construction and infrastructure disputes, with a proven track record of acting on investment issues.

Strengths One client praises the team's "excellent technical knowledge and capability to quickly adapt the strategy if needed in very complex legal cases."

Interviewees also appreciate that team members "are always very prompt and are very specialised."

Work highlights Acted for Banca Transilvania, Bank Leumi, Piraeus Bank and Veneto Banca on various disputes challenging the enforcement procedure and alleged abusive clauses in loan agreements.

Represented Antena TV Group in competition and IP litigation involving an excess of EUR100 million worth of claims.

Significant clients Mega Image, ENGIE, Enel Investment Holding, SIF Transilvania, AECOM.

Notable practitioners

Co-managing partner and dispute resolution practice head Gheorghe Buta is a highly respected figure in the Romanian dispute resolution sector. He has recently assisted Societatea Română de Televiziune (SRTv) with a EUR5 million international arbitration seated in the state of California regarding the conclusion of a film licensing contract.

Octavian Popescu is praised by one client for his "excellent technical knowledge and very good commercial awareness." He is well known for his work in both corporate and commercial litigation, in addition to sensitive white-collar crime cases. Recent work includes assisting Teamnet International with a EUR3.8 million dispute arising from debt recovery enforcement proceedings.

Department profile by Muşat & Asociaţii

Department profile not yet provided by Muşat & Asociaţii. Please see their firm profile.

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STOICA & Asociaţii - Dispute Resolution

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Band 2

第二等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Valeriu Stoica
- 8 partners
- 32 other qualified lawyers

What the team is known for Experienced and respected litigation team assisting clients from the private and public sectors with cases relating to construction, environment and financial services. Possesses considerable experience in cases involving restructuring and insolvency, IP, tax and competition issues. Diverse client roster contains a range of prominent domestic and international companies from the life sciences, telecoms and metals sectors. Also active in international arbitration.

Strengths One client states that the team is "always prompt and very specialised."

Others note that "the team's lawyers possess very good technical expertise."

Work highlights Acted for Holcim Romania on a EUR13 million dispute brought by the National Agency for Environment Protection for damages resulting from the information theft of CO2 certificates deposited by the National Registry of Greenhouse Gas Emissions.

Assisted Forever Living Products with two disputes arising from the Romanian Customs Authority's decision to impose additional customs taxes derived from levies and bonuses awarded to the exporting company.

Significant clients Telekom Romania Communications, Electrica, Unilever, Alvogen, Labormed.

Notable practitioners

Department head Valeriu Stoica is lauded as a "law firm in himself" and "an expert" by market commentators. He has significant experience of handling disputes regarding investment, construction and environmental issues.

Cristiana Stoica has experience of real estate, commercial and employment litigation. She also assists with arbitration. Clients praise her "technical knowledge, commercial awareness and availability."

Department profile by STOICA & Asociaţii

Department profile not yet provided by STOICA & Asociaţii. Please see their firm profile.

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Clifford Chance Badea - Dispute Resolution

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Simona Neagu and Vlad Peligrad
- 10 qualified lawyers

What the team is known for A growing dispute resolution practice, with both civil and criminal experience. Acts on a wide range of domestic and international matters, including financial, regulatory and white-collar crime cases. Increasingly active in energy, construction and consumer goods disputes, including international arbitration. Client roster features financial institutions and multinational companies.

Work highlights Acted for Fondul Proprietatea on an appeal before the High Court of Cassation and Justice regarding ownership of a significant shares package held in a state-owned company.

Represented Orange Romania before the Sibiu Tribunal in a case concerning a decision ordering the relocation of a GSM antenna from a residential area.

Significant clients Banca Comercială Română, AEW Europe, UniCredit, Alcatel-Lucent, Heidi Chocolat.

Notable practitioners

Simona Neagu is described by one client as "excellent, concise and knowledgeable." She has expertise in white-collar crime matters as well as insolvency disputes. She recently advised PORR Construct on two arbitrations related to a water treatment plant.

Vlad Peligrad has been active in advising banks on cross-border debt recovery processes. He is also an arbitrator at the Court of International Commercial Arbitration.

Department profile by Clifford Chance Badea

Department profile not yet provided by Clifford Chance Badea . Please see their firm profile.

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CMS - Dispute Resolution

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Gabriel Sidere
- 1 partner
- 15 other qualified lawyers

What the team is known for International firm recognised for litigation and arbitration work in many areas, including employment, M&A, insurance and tax. Acts for a range of domestic and international clients, with additional multi-jurisdictional disputes expertise provided through the firm's wider network. Noted criminal defence practice that is increasingly active in white-collar crime cases. Has a proven track record of acting on international arbitration.

Strengths One interviewee states that team members are "well positioned in their market."

Notable practitioners

Managing partner Gabriel Sidere is recognised by peers for his standing in the field. He is especially active in litigation regarding white-collar crime matters. Interviewees regard him as "a good arbitrator."

Department profile by CMS

Department profile not yet provided by CMS. Please see their firm profile.

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Popovici Nițu Stoica & Asociații - Dispute Resolution

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Ciprian Dontu, Ilinca Stefanescu-Goanga and Florian Nitu
- 4 partners
- 30 other qualified lawyers

What the team is known for Recognised dispute resolution practice active across commercial and corporate litigation as well as international arbitration. Strong experience in insolvency, employment, IP and energy matters, in addition to cases involving the real estate sector. Benefits from increasing expertise in tax litigation and long-standing experience of administrative disputes.

Strengths One interviewee appreciates the "client-oriented" approach taken by the team and the "added value" it provides.

Others appreciate the firm's "good technical knowledge and billing flexibility."

Work highlights Represented Fondul Proprietatea in three civil actions seeking the annulment of the approval of funding for two governmental projects in the energy industry.

Acted for Kamparo Investment on a dispute over the performance of pre-sale purchase agreements.

Significant clients DB Schenker, IMMOFINANZ, Auchan Romania, Ameropa, Rabo Farm.

Notable practitioners

Ciprian Dontu is head of department and has experience advising on high-profile insolvency disputes. He recently represented P7S1 Broadcasting Europe in the recovery from Prima Broadcasting Group of unpaid licences for television programmes. He also acts on energy, commercial and competition cases.

Department profile by Popovici Nițu Stoica & Asociații

Our litigation team has wide experience in a whole spectrum of commercial and civil disputes. Our lawyers combine the expertise and understanding of the dispute resolution field with industry knowledge, all senior members having extensive experience in various fields of law covering virtually the whole spectrum of sectors/industries.

Popovici Nițu Stoica & Asociații acts for the benefit of its clients before all the Romanian courts and other judicial bodies regardless of their level or jurisdiction, including the Constitutional Court and the High Court of Cassation and Justice.

We assist clients in each and every stage, from drafting sophisticated dispute resolution clauses, to the conduct of proceedings in the most favorable and cost efficient manner and ultimately to challenging and enforcing judicial and arbitral awards.

The practice includes legal assistance and representation in:

  • legal assistance and representation during all litigation stages or any requested phase of complex commercial and corporate disputes;
  • wide range of civil, administrative, tax, labour, competition, public procurement, capital markets disputes;
  • debt recovery procedures including order for payment procedures;
  • bankruptcy proceedings;
  • recognition and enforcement of foreign judgments.

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Dentons - Dispute Resolution

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Band 4

第四等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Tiberiu Csaki
- 2 partners
- 6 other qualified lawyers

What the team is known for Well-known commercial disputes practice, with particular strength in competition, employment and insolvency litigation. Advises a wide range of corporate clients including those from the retail, security, manufacturing and agriculture sectors. Experienced in domestic and international arbitration, aided by the global knowledge of Dentons' network. New clients for the team include METRO Cash & Carry and Alpha Finance Romania.

Strengths One client notes that it is a "highly skilled and enthusiastic team, which carefully analyses all aspects and implications of the legal aspects."

Significant clients OMV Petrom, Prosegur, EC, Autoliv, Tractebel.

Notable practitioners

Department head Tiberiu Csaki is praised by a client for his "outstanding knowledge and experience." He acts for key domestic clients and has notable experience in employment disputes. He also assists with arbitration.

Department profile by Dentons

Department profile not yet provided by Dentons. Please see their firm profile.

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DLA Piper Dinu SCA - Dispute Resolution

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Band 4

第四等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Radu Bălaș
- 8 qualified lawyers

What the team is known for Represents both international and domestic clients across all areas of commercial disputes. It has notable involvement in employment and environmental cases, and is increasingly active in criminal litigation. Represents clients from a range of sectors, including gambling, oil and gas, aviation and IT. WHG (International) is one of several new client additions for the team.

Work highlights Represented Hillside (bet365) before the courts with the aim of challenging decisions made by the National Office for Gambling and recovering its rights to operate online gambling activities in Romania.

Acted for Wizz Air on a number of complex employment class actions.

Significant clients AstraZeneca, Boehringer Ingelheim, Innofactor, Houghton Romania, Wipro Technologies Romania.

Notable practitioners

Radu Bălaş is noted for his expertise in employment and administrative litigation, as well as for his recent criminal litigation experience regarding data protection issues. He successfully represented GRAWE România Asigurare in a EUR2.5 million tax dispute regarding VAT reimbursement.

Department profile by DLA Piper Dinu SCA

Department profile not yet provided by DLA Piper Dinu SCA. Please see their firm profile.

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PeliFilip - Dispute Resolution

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Band 4

第四等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Cătălin Alexandru
- 1 partner
- 13 other qualified lawyers

What the team is known for Broad corporate litigation and arbitration offering that is particularly active in telecoms, insurance, employment and competition disputes. Represents leading international firms in litigation before local courts, as well as providing local expertise in cross-border cases before the ICC. Client list includes leading local companies as well as subsidiaries of blue-chip multinationals. Energy Gas Provider is a recent new client win for the team.

Strengths One client highlights that "PeliFilip is always responsive and efficient. They always understand our real needs and respond to them."

Interviewees believe that "one of their greatest strengths is their strategic thinking: they always put the client first and are proactive and innovative in highlighting and addressing issues."

Work highlights Assisted RCS & RDS with its challenge to the Romanian government and private entities over the monopolies of power distribution companies in front of the Regulatory Authority for Energy.

Acted for Hidroelectrica on an appeal against a fine handed down by the National Energy Regulatory Authority for the direct sale of electricity to the Hungarian market.

Significant clients Bayer, Coca-Cola, HABAU, Arctic, Bricostore Romania.

Notable practitioners

Cătălin Alexandru has a growing reputation in commercial, tax and administrative cases. One impressed interviewee describes him as "extremely knowledgeable and tenacious in defending his client's interest." He recently assisted GarantiBank with the recovery of EUR3.4 million from a debtor.

Department profile by PeliFilip

Our litigation practice is built on the principle that the key to a successful strategy is in-depth awareness of the case, the client’s business and its objectives.

We believe that our impressive success rate (over 80% each year starting with 2009), combined with the importance of our clients and the sensitivity of the projects we manage, as well as the constant growth of our team are fair indicators of our abilities and expertise. This is why we have been selected by our clients to represent them in several cases standing as cornerstones on the Romanian market.

Our excellent dispute resolution practice covers all areas of civil and business law dispute resolution.

With international arbitration and commercial disputes standing at the core, the department also masters tax and administrative, energy and real estate litigation. Other areas of significant involvement include corporate litigation, fraud investigation, labour disputes, enforcement and insolvency, real estate litigation.

SELECTED CREDENTIALS:

Assisting the leading Romanian telecom operator in several high profile disputes, including (i) a ground-breaking challenge of the existing monopoly in the electricity distribution sector involving proceedings against the national energy regulator, the Romanian Government, the relevant Ministries and the incumbent distribution companies; (ii) a case against several global companies involving online piracy; 

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Bondoc & Asociatii in alliance with White & Case - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Viorel Dinu
- 2 partners
- 10 other qualified lawyers

What the team is known for Expanding disputes team with significant activity in heavily regulated industries, such as life sciences and energy. Regularly advises prominent individuals and international clients on tax, public procurement and commercial matters. Noted expertise in international litigation, as well as criminal cases.

Strengths One interviewee notes that the team "goes the extra mile" for its clients.

Work highlights Acted for OTV International on disputes relating to the public procurement procedure of a contract for the construction and extension of a waste water management factory.

Represented WSP Polska in a criminal case connected to a civil claim submitted by the beneficiary of a contract for the design of a shopping centre in Oradea.

Significant clients ENGIE, Fondul Proprietatea, Sanofi, Delphi, Veolia.

Notable practitioners

Viroel Dunu is a key contact for any queries.

Department profile by Bondoc & Asociatii in alliance with White & Case

To learn more about our practice, please visit: whitecase.com/law

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bpv GRIGORESCU ŞTEFĂNICĂ - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Daniel Stefanica
- 2 partners
- 7 other qualified lawyers

What the team is known for Newly recognised dispute resolution team with significant experience in public procurement, employment, construction and tax matters. Represents domestic and international clients from a broad range of sectors, including media, infrastructure and energy. Acts for private and public sector clients and is also well regarded for administrative litigation.

Strengths A client enthuses that it is a "dedicated team, which is highly flexible and responsive to clients' needs."

Another interviewee opines: "They are well prepared, with extensive knowledge and experience in dealing with the public sector."

Work highlights Represented Bucharest City Hall in a EUR3 million dispute over the right to use property and related permits.

Acted for Bancpost on a number of different litigation cases relating to contractual clauses that are alleged to be abusive.

Significant clients European Broadcasting Union, Wienerberger, Genpact, Bepco, Copisa.

Notable practitioners

Daniel Ştefănică is active in both domestic and international cases and has notable expertise in investment and public sector litigation. One client praises his "flexibility and business understanding," while others mention his "depth of knowledge and experience in dispute resolution."

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Eversheds Lina & Guia (a member of Eversheds Sutherland) - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Sorin Susnea and Mihai Guia
- 2 partners
- 6 other qualified lawyers

What the team is known for Represents local and multinational financial groups and companies from the infrastructure, real estate and manufacturing sectors. Notable strength in advising on employment and unfair competition disputes as well as settlement and enforcement procedures. Also experienced in an array of alternative dispute resolution matters.

Work highlights Advised Agrocov on its dispute concerning an administrative resolution made by a public authority.

Significant clients Volvo, OMV Petrom, Generali, Glenmark Pharmaceuticals, Selena Group.

Notable practitioners

Sorin Susnea and Mihai Guia are key contacts for any queries.

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Kinstellar SCA - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Bogdan Bibicu
- 1 partner
- 9 other qualified lawyers

What the team is known for Increasingly prominent dispute resolution team working as part of the firm's full-service offering to provide integrated sector expertise, particularly in highly regulated sectors such as energy, agriculture and telecoms. Significant activity in administrative and financial litigation as well as international arbitration, and also in white-collar crime cases, with particular expertise in fraud matters. Also assists with debt recovery.

Strengths A satisfied client states: "I am very impressed with their job. They provided very professional, immediate actions and very good output."

Work highlights Acted for Rottapharm Madaus on proceedings connected to claims regarding the termination indemnity of a distribution agreement.

Successfully assisted FirstFarms and FirstFarms Agro West with two claims for damages filed in insolvency proceedings.

Significant clients Energizer Group, BMW, Yieh Corp, BOG’ART Group, Jantzen Development.

Notable practitioners

Bogdan Bibicu is a key contact for any queries.

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NICULEASA Law Firm - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Madalin-Irinel Niculeasa, Bogdan Mărculeț and George Trantea
- 3 partners
- 1 other qualified lawyer

What the team is known for Boutique dispute resolution firm specialising in tax litigation, with additional expertise in regulatory, IP, employment and commercial disputes. Represents domestic companies and subsidiaries of international groups in a variety of sectors, including technology and transport. Notable advisory roles in labour, tax and real estate matters. Straco Grup is among the firm's new client wins.

Work highlights Represented Affinity Transport Solutions and Delamode Romania in commercial disputes against local transport companies as well as in unlawful competition cases.

Acted for Bic on a variety of litigious and pre-litigious matters relating to advertising, labour, commercial and regulatory issues

Significant clients Bluehouse Capital, Murfatlar, Forza Rossa, Eco Pack Management.

Notable practitioners

Madalin-Irinel Niculeasa is a recognised figure in the Romanian litigation market. He is experienced in taxation and employment matters. In recent times, he has advised Dexion Storage Solutions on a dispute with the tax authorities.

George Trantea's broad disputes practice covers commercial, construction and real estate matters. He recently assisted Microsoft Mobile with a copyright issue, reaching an out-of-court settlement.

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Răzvan Dincă & Asociaţii - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Răzvan Dincă and Irina Speciac
- 2 partners
- 8 other qualified lawyers

What the team is known for Sought-after litigation and arbitration practice, which regularly represents both domestic and international financial institutions and companies. Possesses significant experience in trade mark infringement, unfair competition and enforcement matters. Also advises on banking, insolvency, real estate and construction cases. China Tobacco is one of several new client wins for the team.

Strengths Clients note: "The team has excellent knowledge and experience of civil and fiscal law, as well as litigation skills in front of the courts."

Others regard the firm as having "a very dynamic and young team with perfect leadership."

Work highlights Advised BRD Groupe Societe Generale on a range of litigations, including insolvency, contractual breach, debt recovery and enforcement procedures, amounting to EUR150 million.

Assisted UniCredit with multimillion-euro litigation concerning breach of contract.

Significant clients Carpatair, Intermark, Renault, Banca Comercială Română, Austral Trade.

Notable practitioners

Răzvan Dincă is described by one client as "a visionary lawyer who understands instantly the core of the case." Of late, he has assisted a Swiss multinational pharmaceutical company with a series of patent enforcement litigations. His broad disputes practice covers IP, contract law and competition matters.

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Schoenherr si Asociatii SCA - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Sebastian Gutiu
- 3 partners
- 5 other qualified lawyers

What the team is known for Recognised for its international arbitration work and disputes in the energy sector, particularly those involving renewables. Represents local and foreign companies in areas such as energy, forestry and construction. Boasts additional expertise in matters including employment, debt recovery, banking and insolvency.

Strengths One client enthuses that "Schoenherr litigators accurately diagnosed the dispute we were facing and charted the optimal course, while maintaining quick and clear communication lines throughout the dispute."

Another interviewee appreciates that the team "studies every single issue in detail and has very good resources."

Work highlights Advised on a EUR130 million investment arbitration case against the Romanian state for damages resulting from the termination of long-term energy supply contracts.

Assisted an oil and gas company with the Romanian competition authority's investigation on the oil and LPG market. The assistance included court appearances.

Notable practitioners

Sebastian Guţiu is a key contact for any queries.

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Stratula Mocanu & Asociatii - Dispute Resolution

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Band 5

第五等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Sorin Stratula
- 3 partners
- 3 other qualified lawyers

What the team is known for Broadly active across litigation and arbitration, offering a wide-ranging spectrum of advice supported by corporate and IP expertise. Advises domestic and international clients from the media, energy, healthcare and real estate sectors. Demonstrates notable experience in administrative, employment and IP disputes as well as consumer protection and debt recovery.

Strengths One client enthuses that the team "succeeded in responding to our needs and exceeded our expectations."

Interviewees also comment positively on the firm's "very affordable rates."

Work highlights Represented ProTV in litigation cases regarding image, moral and reputation damages.

Acted for MOI Foods Romania on a number of administrative disputes with the Romanian Customs Authorities and the Romanian Fiscal Authorities.

Significant clients BAT, Eurologistic, Mondelēz Romania, Agromate, NutriPui.

Notable practitioners

Cosmin Mocanu is valued by clients for being "very good, proactive and very efficient." His practice largely concerns commercial, administrative and employment litigation. He recently assisted Pfizer with a EUR1 million debt recovery procedure.

Managing partner and head of the litigation department Sorin Stratula focuses on the media and energy sectors. He has recently advised E.ON on a case regarding the infringement of design rights.

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Overview

2017 is bound to be a year of changes and the implication of these generally remains unknown. Irrespective of, or as a result of, such change there is a clear indication that the legal market will continue an ascending trend, with a corresponding increase of dispute resolution projects, both in terms of litigation and arbitration. Much like in previous years, the focus will remain on disputes deriving from white-collar crime, public procurement, including disputes related to the use of EU’s funding programs, fiscal and criminal law. There is also a growing number of insurance and energy-related disputes and general contractual ones.

The beginning of the year was marked by a positive outcome of the EU Commission's Mechanism for Cooperation and Verification (CVM), as the Commission’s Report confirmed a positive trend with a continued track record for the Romanian judicial institutions in a time of change in leadership and a strong impetus by the government to strengthen corruption prevention. The report could identify a very limited number of key recommendations, and the undertaking of these will eventually lead to the conclusion of the CVM process. Most of them focus on the responsibility and accountability required by the Romanian authorities and the internal safeguards needed to ensure the irreversibility of the results.

Businesswise, the revival of the economy and the increase in foreign investment are expected to leave their mark on the legal market also in 2017, as the strengthening of the retail, agriculture, real estate, healthcare & pharmaceuticals and IT sectors will naturally bring about an increasing demand for contentious advice. On the other hand, 2017 is expected to bring a dramatic decrease of projects in the renewable energy sector and the associated consultancy legal advice following the elimination of the green certificates aid scheme starting on 1 January 2017. However, related disputes are still pending before the national, international and arbitration courts, as well as an array of other energy-related disputes between the public regulators and/or other players on the market, which will tilt the balance in favour of litigation and arbitration when it comes to the energy sector.

Following the EU Commission’s recommendations, a new public procurement strategy and action plan was implemented in 2016. Thus, in May 2016, the new public procurement laws transposing the EU Directives entered into force and all necessary secondary legislation was adopted by the end of 2016. The previous fragmentation of the legal framework, which allowed space for corruption practices, was eliminated and replaced with a new more stable and predictable legal framework that is expected to limit the possibility for corruption. Since in some specific cases related to, inter alia, the amendment of the public procurement contract, the Romanian legislature chose a different solution than the one stated under the European Classic Directive (2014/24), 2017 is expected to be the year when these new provisions will be tested before the competent courts.

2017 opens up a new inspiring chapter for arbitration in Romania, as the main arbitration institution has announced its intention to review its rules with the purpose of aligning them to those of the most established international arbitral institutions. This counts as one step further in the endeavour to make this method of dispute settlement more appealing to corporate clients, an initiative thoroughly driven by the young team of professionals managing the Bucharest-based Court of International Commercial Arbitration in 2015. In the meantime, arbitration as a trend is growing steadily and it is expected to do so throughout this year.

In terms of litigation, a reorientation from restructuring, insolvency and debt recovery-related disputes towards contractual disputes is expected, these being specific to a development period. It should be noted that there is an increase of cases where companies leave the insolvency state to enter a recovery period. The tendency of the multidisciplinary approach to disputes is maintained, as a significant amount of cases bring together civil and criminal fields that require tailor-made legal project management and case strategy. The optimisation of legal resources requires the set up and training of multidisciplinary teams of lawyers, which remains the challenge of the moment in the business legal market.

In terms of fee policies, there seems to be a tentative ascending trend that is explained by the stabilisation of the economy, although the main players on the market remain open to various sorts of fee arrangements, depending on the budgetary constraints of their corporate clients.

Last but not least, one cannot ignore that recent political changes in Romania following the result of the elections at the end of 2016 may significantly impact the market, as the new majority now governing the country is more focused on social reforms, for example the reform of the criminal laws that is intended to alleviate criminal sanctions related to white-collar crime. At the same time, the change of regime in the US may severely influence the global macroeconomic climate and indirectly, the Romanian now stable and even growing market, which may result in an increase of litigation and arbitration.

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Eminent Practitioner

Muşat & Asociaţii

From the Chambers Europe guide

Co-managing partner and dispute resolution practice head Gheorghe Buta is a highly respected figure in the Romanian dispute resolution sector. He has recently assisted Societatea Română de Televiziune (SRTv) with a EUR5 million international arbitration seated in the state of California regarding the conclusion of a film licensing contract.

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Eminent Practitioner

Ana Diculescu-Şova

Nestor Nestor Diculescu Kingston Petersen

From the Chambers Europe guide

Peers regard senior partner Ana Diculescu-Şova as a long-standing and prominent dispute resolution lawyer. She possesses extensive litigation experience before both domestic and international courts. Her recent work includes assisting GTH Gaze Industriale with a EUR10 million dispute regarding the construction and operation of a gas supply facility.

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Eminent Practitioner

STOICA & Asociaţii

From the Chambers Europe guide

Department head Valeriu Stoica is lauded as a "law firm in himself" and "an expert" by market commentators. He has significant experience of handling disputes regarding investment, construction and environmental issues.

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Band 1

Dragne & Asociatii

From the Chambers Europe guide

Ion Dragne is a well-known presence in the market and has extensive experience of litigation and arbitration. He has recently represented Eureko Consultanta Si Servicii in litigation regarding a EUR7 million insurance agreement.

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Band 1

Clifford Chance Badea

From the Chambers Europe guide

Simona Neagu is described by one client as "excellent, concise and knowledgeable." She has expertise in white-collar crime matters as well as insolvency disputes. She recently advised PORR Construct on two arbitrations related to a water treatment plant.

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Band 1

Calin Andrei Zamfirescu

Zamfirescu Racoți & Partners Attorneys at Law (ZRP)

From the Chambers Europe guide

Calin Andrei Zamfirescu is recognised as "a litigation giant" by one impressed interviewee. His wide-ranging expertise includes both debt recovery and commercial litigation. In recent times, he has represented Glencore in two fiscal disputes regarding income tax and VAT.

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Band 2

Nestor Nestor Diculescu Kingston Petersen

From the Chambers Europe guide

Sorina Olaru is well regarded for her broad dispute resolution experience which spans a wide range of areas, including insurance, infrastructure and competition. Clients state that she is "an experienced and reliable lawyer" who "definitely inspires confidence."

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Band 2

Ţuca Zbârcea & Asociaţii

From the Chambers Europe guide

Cornel Popa is well known for his arbitration experience. His recent highlights include assisting Siemens with the EUR8 million settlement of a dispute in the transport sector. He also has notable experience of arbitration in the energy and construction sectors. Popa has been described by clients as "efficient, very experienced and committed."

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Band 2

Muşat & Asociaţii

From the Chambers Europe guide

Octavian Popescu is praised by one client for his "excellent technical knowledge and very good commercial awareness." He is well known for his work in both corporate and commercial litigation, in addition to sensitive white-collar crime cases. Recent work includes assisting Teamnet International with a EUR3.8 million dispute arising from debt recovery enforcement proceedings.

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Band 2

Ţuca Zbârcea & Asociaţii

From the Chambers Europe guide

Robert Roşu is recognised as an experienced litigator, with sources appreciating his "intuitive grasp" of the law and his "understanding of clients' business needs." He possesses notable expertise in litigation concerning administrative, competition, IP and employment matters. He has advised FCC on a EUR23 million public procurement dispute.

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Band 2

Zamfirescu Racoți & Partners Attorneys at Law (ZRP)

From the Chambers Europe guide

Cosmin Vasile is respected for his expertise in contentious matters, including fiscal, energy and patent infringement issues. His recent work includes representing both Romanian public authorities and private companies in ICC and national arbitration concerning complex infrastructure and construction disputes. Clients appreciate his "no-nonsense approach and his direct communication style."

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Band 3

Dentons

From the Chambers Europe guide

Department head Tiberiu Csaki is praised by a client for his "outstanding knowledge and experience." He acts for key domestic clients and has notable experience in employment disputes. He also assists with arbitration.

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Band 3

Popovici Nițu Stoica & Asociații

From the Chambers Europe guide

Ciprian Dontu is head of department and has experience advising on high-profile insolvency disputes. He recently represented P7S1 Broadcasting Europe in the recovery from Prima Broadcasting Group of unpaid licences for television programmes. He also acts on energy, commercial and competition cases.

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Band 3

Madalin-Irinel Niculeasa

NICULEASA Law Firm

From the Chambers Europe guide

Madalin-Irinel Niculeasa is a recognised figure in the Romanian litigation market. He is experienced in taxation and employment matters. In recent times, he has advised Dexion Storage Solutions on a dispute with the tax authorities.

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Band 3

CMS

From the Chambers Europe guide

Managing partner Gabriel Sidere is recognised by peers for his standing in the field. He is especially active in litigation regarding white-collar crime matters. Interviewees regard him as "a good arbitrator."

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Band 4

DLA Piper Dinu SCA

From the Chambers Europe guide

Radu Bălaş is noted for his expertise in employment and administrative litigation, as well as for his recent criminal litigation experience regarding data protection issues. He successfully represented GRAWE România Asigurare in a EUR2.5 million tax dispute regarding VAT reimbursement.

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Band 4

Nestor Nestor Diculescu Kingston Petersen

From the Chambers Europe guide

Emil Bivolaru is recommended by clients for his particular expertise in financial and real estate-related litigation for high-profile clients. His practice includes assisting with property restitution procedures.

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Band 4

Răzvan Dincă & Asociaţii

From the Chambers Europe guide

Răzvan Dincă is described by one client as "a visionary lawyer who understands instantly the core of the case." Of late, he has assisted a Swiss multinational pharmaceutical company with a series of patent enforcement litigations. His broad disputes practice covers IP, contract law and competition matters.

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Band 4

Stratula Mocanu & Asociatii

From the Chambers Europe guide

Cosmin Mocanu is valued by clients for being "very good, proactive and very efficient." His practice largely concerns commercial, administrative and employment litigation. He recently assisted Pfizer with a EUR1 million debt recovery procedure.

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Band 4

Daniel Ştefănică

bpv GRIGORESCU ŞTEFĂNICĂ

From the Chambers Europe guide

Daniel Ştefănică is active in both domestic and international cases and has notable expertise in investment and public sector litigation. One client praises his "flexibility and business understanding," while others mention his "depth of knowledge and experience in dispute resolution."

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Band 4

Cristiana I Stoica

STOICA & Asociaţii

From the Chambers Europe guide

Cristiana Stoica has experience of real estate, commercial and employment litigation. She also assists with arbitration. Clients praise her "technical knowledge, commercial awareness and availability."

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Band 5

Cătălin Alexandru

PeliFilip

From the Chambers Europe guide

Cătălin Alexandru has a growing reputation in commercial, tax and administrative cases. One impressed interviewee describes him as "extremely knowledgeable and tenacious in defending his client's interest." He recently assisted GarantiBank with the recovery of EUR3.4 million from a debtor.

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Band 5

D&B David si Baias

From the Chambers Europe guide

Dan Dascălu of D&B David si Baias is valued by one client for his "technical knowledge, commercial awareness, effectiveness and client service." He is well known for his expertise in tax and administrative litigation, and recently advised Cargill Agricultura on obtaining a EUR10 million VAT reimbursement.

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Band 5

Vernon | David

From the Chambers Europe guide

Dana David of Vernon | David has notable experience in labour, real estate, environment and insolvency litigation. Recent highlights include representing Freyrom in both labour litigation and debt recovery. Clients laud her "very good technical knowledge."

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Band 5

Clifford Chance Badea

From the Chambers Europe guide

Vlad Peligrad has been active in advising banks on cross-border debt recovery processes. He is also an arbitrator at the Court of International Commercial Arbitration.

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Band 5

Suciu Popa

From the Chambers Europe guide

Commercial arbitration expert Luminiţa Popa of Suciu Popa is an experienced practitioner and has recently represented Enel Investment Holding in an ICC arbitration case related to claims amounting to USD1.2 billion. One client states that she "proved an extraordinary combination of talent and dedication."

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Band 5

Stratula Mocanu & Asociatii

From the Chambers Europe guide

Managing partner and head of the litigation department Sorin Stratula focuses on the media and energy sectors. He has recently advised E.ON on a case regarding the infringement of design rights.

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Band 5

Peggy Şuică-Neagu

Nestor Nestor Diculescu Kingston Petersen

From the Chambers Europe guide

Peggy Şuică-Neagu is praised by one client for her "vast technical knowledge and real commitment to understand issues." She offers dispute resolution experience in issues such as contractual liability, real estate and bankruptcy.

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Band 5

NICULEASA Law Firm

From the Chambers Europe guide

George Trantea's broad disputes practice covers commercial, construction and real estate matters. He recently assisted Microsoft Mobile with a copyright issue, reaching an out-of-court settlement.

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Up and Coming

Dragne & Asociatii

From the Chambers Europe guide

Delia Bosman has experience in commercial litigation and tax disputes. She is active in both domestic and international cases. Interviewees regard her as "a good up-and-comer."

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Up and Coming

Andreia Dumitrescu

Dragne & Asociatii

From the Chambers Europe guide

Andreia Dumitrescu has a growing reputation in the dispute resolution market. She has experience in disputes regarding construction, insurance and insolvency. She recently assisted K&S Electric Power with complex disputes worth EUR80 million, including insolvency and damages claims.

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Up and Coming

Zamfirescu Racoți & Partners Attorneys at Law (ZRP)

From the Chambers Europe guide

Alina Tugearu is experienced in commercial, IP and administrative disputes. One client states that she is "an excellent litigator and a hard-working individual."

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