VIII.     DISPUTE RESOLUTION

 

Our main goal is to anticipate and mitigate risks.  Whenever facing disputes, we prepare different strategies by mainly focusing on out-of-court settlements to our client’s satisfaction, and if such approach fails, we fight in court.

Whenever going to court we seek to ensure the most cost-effective and efficient litigation procedure suitable to our client’s needs.

We prepare our court files by studying the Romanian and European legal framework, doctrine and relevant case law, as well as the case law developed by the European Court of Justice, if the case.

We can assist and represent our clients at all jurisdiction levels, High Court of Cassation and Justice and Constitutional Court included.

We focus on the following areas:

  • contractual/tort responsibility and seeking damages
  • securities enforcement
  • disputes among partners/shareholders
  • remedies due to infringement of minority shareholders rights
  • challenge of corporate decisions in court
  • recovery of seized/confiscated properties and seeking damages from the National Authority for Property Restitution (’NAPR’)
  • recovery of receivables
  • assistance and representation in insolvency and bankruptcy procedures
  • annulment of debtor’s assets’ fraudulent transfer and of official receiver’s unlawful actions
  • responsibility of management and/or supervising bodies’ members guilty for the debtor’s insolvency
  • assistance and representation in creditors meetings in debtor’s insolvency procedures
  • challenge of employers’ unlawful actions, such as decision, termination of labor contracts, delegation/job relocation
  • negotiation and execution of out-of-court/court settlements
  • challenge of authorities’ unlawful actions, such as Competition Council, State Office for Inventions and Trademarks (’SOIT’), Financial Supervision Authority (’FSA’), National Authority for Property Restitution (’NAPR’), Consumers Protection National Authority (’CPNA’), Energy National Authority (’ENA’), National Supervisory Authority for Personal Data Processing (’NSAPDP’), Tax National Authority (’TNA’)
  • assistance and representation in various disputes