Oglinda & Partners

The scope of interim protective measures established during a procedure for recognition and enforcement of a foreign arbitral award   The scope of interim protective measures is to ensure the effectiveness of a foreign arbitral award and also the effectiveness of the recognition and enforcement decision issued by Romanian Courts at the end of the exequatur proceedings.

Oglinda & Partners successfully assisted a well-known energy company in an arbitral dispute against a French company. The arbitral award was granted in Switzerland by an arbitral tribunal constituted according to ICC Paris rules and had to be recognised and enforced in Romania.

Oglinda & Partners proved that duration of a Design and Works Contract (Yellow FIDIC) has been extended due to the employer’s failure to finalise in due time the expropriation, to achieve the construction permit and to grant full access on Site in accordance with the contractual Time Schedule.

Conditions for Exequatur of foreign arbitral awards in Romania Romania ratified in 1961 The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards that establishes a simple and efficient[1] procedure for the recognition and enforcement of foreign arbitral awards.

The lawyers of Oglinda & Partners assisted the Defendant in the arbitration initiated under a Joint Venture Agreement, whereby the Claimant was pretending 3.7 million Euro as his share of participation related to a water and wastewater contract performed in Romania.

In Romanian Public Procurement Procedures, there were cases qualified as unlawful practices because in the Award Documentation (abbreviated in the following ‘AD’), the Contracting Authority (abbreviated in the following ‘CA’) used unclear/equivocal award criteria or compliance requirements.

Due to the complex nature of mergers & acquisitions, the due diligence process could take between several weeks to several months.

In a recent international arbitration, the lawyers of Oglinda&Partners successfully represented their client achieving the admission of the request for arbitration against a company in top 5 world’s tobacco producers. The arbitral tribunal ordered the tobacco producer to pay delay penalties of 3.5 million lei.

Different forms of acquisition under Romanian Law: There are generally two types of purchases in relation to acquisitions of Romanian companies:

Oglinda&Partners obtained a recognition and enforcement of a foreign Arbitral Award against a French company that entered into an insolvency prevention proceeding during the litigation, this way achieving for this client the right to seize the goods and receivables owned by the French company on Romanian territory.

Writing phase: Request for Arbitration and Answer Request for arbitration: Art. 10 of the Romanian Rules of Arbitration defines the Request for Arbitration as a brief document whose purpose is to announce the existence of the dispute by a narrow description of the conflict, indicating the identity of the parties, the claims and the proof of the arbitration clause to show the Court’s competence.