Services

01. Litigation and Arbitration

Legal Background and Expertise

In very few words, the Romanian legal system in regards to the main litigation aspects can be resumed as follows:

  • Structure of the civil court systems: the first Court, the Tribunal, the Court of Appeal and High Court of Cassation and Justice;

  • The role of the judge: our law system does not regulate the jury participation (as opposed to the common law system) and the judge has an active role during the trial, being entitled to ask for clarifications, additional information and documents from the parties, leading the hearings of the case and issuing the decision;

  • Prior complaints: note should be made that in several cases provided by the law, before filing a claim to the Court, a preliminary procedure must be followed;

  • Timeline: the trial starts with the submission of the claim by the claimant which is then rendered by the Court to the defendant that has to submit a statement of defence within 25 days. After the communication of the statement of defence to the claimant, the latter lodges with the Court an answer to the statement of defence. After the judge establishes the first hearing, the duration of the trial depends on many aspects, such as: the Court solving the case, the complexity of the case, the volume of documents that have been submitted by the parties etc.;

  • Public access: as a general rule, the hearings are held in public sessions;

  • Costs: as a general rule, the stamp fee is set by the law depending on the object and value of the claim. However, in specific cases, the claimant is entitled to apply for the grant of a legal aid. 

 

Our expertise includes:

  • representing and assisting clients before the Arbitral Tribunal in an arbitration case which unfolded under the Arbitration Rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania;

  • assisting an important gambling operator to obtain the annulment of the fines that ONJN applied to its client (more than 200 cases within the entire territory of Romania);

  • assisting and representing a client in a malpractice lawsuit with a claim in amount of EUR 1.2 mil;

  • assisting an important real estate developer to successfully dismiss the court claims filed by the claimants requesting the annulment of the building permit, the urban zonal plan (PUZ) and deforestation permit issued by the authorities;

  • assisting several clients in several insolvency matters, such as: drafting, preparing necessary documents and submitting the request for the opening of the insolvency proceedings, registration of the clients claims in the creditors' table of their debtors, ensuring representation of the clients at the court hearings, assisting clients in preparing the reorganization plan etc.;

  • assisting clients to obtain in court the enforcement of several enforceable titles and offering assistance during the foreclosure proceedings;

  • assisting and representing several clients in trials related to Contraventional Law aspects;

  • assisting Clients in Family Law matters such as: challenge of a parent-child relationship, judicial partition of assets etc.

Contact us

Despite the efforts that each individual or company makes in order to avoid any conflict of legal (or other) nature, there are many cases when such conflicts occur. In order to be correctly addressed and to mitigate any potential risk, we consider that a professional legal input is mandatory.