Litigation & Arbitration

Our Litigation & Arbitration department is broadly based and has acquired unrivalled expertise, being the first in the country to be organized along departmental lines. Disputes being an inevitable consequence of business activity in an increasingly regulated, high-speed environment, we aim to provide our clients with advice that is sound, realistic and forthright.

Our lawyers’ experience ranges from representation in the lower courts to the High Court of Cassation and Justice, as well as in the Constitutional Court and extends to national and international arbitration (ICSID, ICC and UNCITRAL procedures). Most of our instructions have involved highly complex cases, including voluminous documents and heavy research work. We work closely with our clients (most of which are multinational corporations and large local companies) to understand their needs, before recommending the right solution.

Our work in the contentious field has involved all types of disputes, including:

Commercial litigation, including with respect to acquisitions, mergers, joint venture disputes, emergency injunctive actions, shareholders rights, post-closing and material adverse event (MAE) disputes, corporate governance, and securities,
Administrative and Fiscal Litigation
Competition litigation, including with respect to claims arising under competition and unfair competition rules,
Public Procurement litigation, in all sectors, and in all phases of such procedures,
Intellectual Property litigation, including defense, enforcement and commercial exploitation of patents, trademarks and copyrights, as well as the defense of products and services facing a threat from others’ intellectual property assets,
Insolvency & Bankruptcy litigation
Other complex litigation, including breach of contract, fraud, professional malpractice, insurance and reinsurance matters, labour, real estate, maritime claims, family law, successions and additional claims raised during enforcements, court rulings and arbitral awards, etc.,
Arbitration, where we act as arbitrators and counsel in arbitral proceedings throughout the world, including the key arbitration centers of Paris, Geneva, Vienna or London.

Practice Highlights.

A selection of our deal highlights includes:

Representing the Romanian Government and the Ministry of Finance in a complex litigation case following a large reorganisation of the Ministry of Finance, in the context of the restructuring of the whole Governmental apparatus.
Representing a major bank, in an EUR 300 million regulatory dispute with the Romanian Court of Accounts, before the High Court of Cassation and Justice, concerning the implementation of the Bauspar system in Romania. This mandate is a landmark case for the banking industry, its resolution having an impact on more than half a million Bauspar customers.
Representing a naval shipbuilding company before the Romanian Courts in a public procurement dispute aimed at cancelling an EUR 1.26 billion military public procurement contract for the acquisition of corvettes. This mandate is notable not only because of the value of the tender (one of the highest to date), but also because it touches on key matters for the Romanian legal system such as (i) the right to a fair trial vs the Romanian Ministry of National Defence denying access to litigation information through classification (secretisation) of information, or (ii) compliance with the Romanian constitutional order vs the Romanian Government bypassing general tender rules on grounds of national security interests.
Successfully representing a consortium of a technological group specialized in security and mobility and a sole importer of military products in Romania, in an EUR 800 million public procurement dispute aimed at cancelling the award of a military public procurement contract for the acquisition of military trucks for breaches of law. Our role included both legal advice on the venture of the two bidders, as well as litigation and representation in successfully challenging the legality of the tender.
Representing a shipyard joint venture, in its dealings with the Romanian State. The joint venture’s structure is unprecedented, with the Romanian state as a majority owner and the management of the company lying with the minority shareholder. This structure sometimes results in conflicts between legal provisions applicable to state-owned companies in general and legal provisions applicable specifically to such venture structures. Our role is to assist the shipyard group in successfully navigating such matters in line with the agreed commercial terms of the venture.
Representing one of the largest energy providers in Europe, as lead legal counsel, in highly complex ICC arbitration proceedings (seat of arbitration: Paris) involving multiple claims in excess of USD 1,200,000,000. The dispute raised challenging issues related to the corporate, commercial, taxation, environmental, and energy sectors.
Representing a major telecommunications corporation and its local affiliate, in a highly complex litigation, part of a global dispute with another entity, covering the jurisdictions of Romania, Australia, Brazil, China, France, Germany, India, Malaysia, the Netherlands, Spain, United Kingdom, and the United States, referring to allegations of infringement of a Standard Essential Patent for 4G/LTE technology.
Advising and representing a key player in the electricity supply industry, in connection with several administrative and fiscal litigations derived from the audit reports conducted by the Romanian Court of Auditors, as well as in the insolvency proceedings against a large chemical company whose total table of receivables exceeds EUR 750,000,000.
Successfully representing the Romanian Government against a U.S.-based company, in a complex ICSID arbitration, with aggregate claims exceeding USD 350,000,000. The claim, successfully settled in favor of the Romanian State, was initiated by a US investor alleging Government’s failure to comply with the provisions of the Bilateral Investment Treaty between Romania and the U.S.A.

Successfully acting for a major industrial conglomerate, in relation to one of the most complex international litigation cases, pending in Romania for over 27 years, having a claim value of USD 50,000,000 and arising from the sale and purchase of steel concluded during the Communist political regime.
Representing a large gas and refining business, in three major litigations in Romania, in the context of the repayment by the company of a historical debt in total value of EUR 570,000,000 to the Romanian State. Further acting for the company in one of the highest-profile disputes, initiated against the National Securities Commission (CNVM), involving claims of USD 50,000,000 (the biggest damage ever claimed by a private investor from a public authority in Romania) and challenging several administrative deeds issued by CNVM.
Representing an energy provider, in highly complex ICC arbitration proceedings (seat of arbitration: Paris) regarding the Put Option exercised by the Romanian State, acting through the State Participations Agency under a sale purchase agreement, involving claims in excess of EUR 520,000,000.
Successfully representing the President of Romania, in relation to the annulment of the Report issued by the National Integrity Agency (ANI) accusing Mr. Iohannis of the violation of the legal provision regarding compatibility, as well as in relation to the annulment of the Report by which the National Integrity Agency (ANI) determined that Mr. Iohannis violated the laws regarding the avoidance of the conflict of interests. Both files were successfully managed by our legal team, and the courts of law determined on a final basis the inexistence of the conflict of interests, as well as of the incompatibility held by ANI.
Representing a leading global supplier of wires, cables, and wiring systems, as well as a provider of related development services, in various court cases related to the investigation of a transnational informatics fraud, which led to a series of fraudulent transfers in the amount of EUR 39,552,000.
Advising a global leader in the manufacture and supply of high-tech rolling stock, in a criminal file investigated by the National Anticorruption Directorate – Central Structure in relation to the public procurement procedure carried out by the Bucharest Underground Company Metrorex S.A. for a framework agreement of a total of EUR 300,000,000.
Representing an investment holding and distribution company, in a complex ICC arbitration case deriving from the privatization of major state-owned branches, involving claims in excess of USD 59,000,000.
Representing a world leader in construction and maintenance of infrastructure, in three complex ICC arbitration cases (seat of arbitration: Geneva, Bucharest) arising from international construction contracts (infrastructure projects) with the aggregate amount in dispute exceeding USD 95,000,000.
Successfully representing a leading provider of supply chain solutions, in litigation for the recovery of the cargo aboard the “A Ladybug”, one of the largest ships in the world, carrying goods valued at more than EUR 70,000,000. We have also assisted the client on specific liability issues raised from the seizure, by the German Federal Ministry for Economic Affairs and Energy, of 3 military MIG-21 BIS aircrafts belonging to the Ministry of Defense of the Republic of Mozambique.
Advising the Romanian affiliate of a Swiss global healthcare company, in various pharmaceutical litigations dealing with claims worth over EUR 100,000,000.

Other representative mandates in the area of Litigation and Arbitration include:

Representing a leading IT company, in connection with various disputes (administrative, civil, criminal, fiscal, insolvency, etc.) derived from the contractual agreements concluded with Romanian State Authorities, enforcement proceedings initiated for recovering alleged debts (amounting to over EUR 85 million), insolvency proceedings, etc.
Advising a major Romanian holding company, in various legal cases (with claims up to EUR 40 million), related to complex public-procurement contracts comprising objectives related to the infrastructure of Cluj-Napoca Airport and IT software for public authorities (IT platform for public procurement contract acquisitions) and other legal matters related to contractual disputes.
Assisting the Romanian Academy, in the first litigation on copyright protection that analyzes the critical edition of a classic text, following the ECJ’s harmonized conditions of protection in the “Football Data Co” case.
Representing the Romanian division of a German retailer, in a case regarding the investigation of alleged criminal offenses committed by the former mayor of Bucharest District 6, Cristian Poteras, and members of the Subcommittee on Local Land Fund, in connection with the issuance of land titles.
Representing a major financial investment fund in Romania, listed on the Bucharest Stock Exchange, in relation to various complex disputes with a total value of EUR 127,000,000.
Representing a prominent Romanian TV & Media group, in complex litigation files on Competition law and Intellectual Property involving claims in excess of EUR 100,000,000.
Assisting and representing a leading Greek bank (now First Bank), in multiple files regarding the legitimacy of enforcement procedures initiated against various debtors and/or the abusive character of the contractual clauses in agreements concluded with the bank’s clients.
Representing a major Spanish construction company, in several civil disputes in public procurement matters, as well as domestic litigations regarding public procurement proceedings in connection with works and services of public interest. The value of the deals exceeds EUR 90,000,000.
Representing a local construction and engineering company, in a complex arbitration in front of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, in relation to various claims deriving from a FIDIC contract regarding a major project for the extension of water and sewage systems.
Representing a leading telecom company in Romania, before Romanian administrative authorities and competent courts of law, in connection with the annulment of a public procurement procedure for services amounting to EUR 17,000,000, as well as regarding the annulment of development permits for various mobile telephony websites.
Successfully representing several leading pharmaceutical entities, including a Denmark-based pharmaceutical company and world leader in the production of insulin and diabetes treatments, a leading international pharmaceutical company, a national pharmaceutical distribution company, and a worldwide provider of human proteins, in a series of administrative disputes regarding the payment of the claw-back contribution for financing the Romanian public health system.
Representing a prominent bank, in various complex litigation cases covering a wide array of disputes, ranging from corporate and commercial disputes, labor, insolvency, and white-collar crime investigations, with a total value of more than EUR 30,000,000.
Representing a leading foreign investor in Romania and his group of companies, in an ICSID arbitration against the Romanian State, with a total value of claims exceeding EUR 300,000,000.
Assisting the Romanian National Railway Company, in a high-stake international commercial arbitration under the ICC Rules involving multiple claims and counterclaims regarding a multitude of complex contractual, jurisdictional, and legal matters, connected to one of the largest infrastructure projects in Romania for the rehabilitation of a major railway border line.
Representing the Authority for State Assets Recovery (AVAS), as a civil liable party, in the criminal case initiated following the bankruptcy of the National Investment Fund (NIF), which was compelled to pay awarded damages of EUR 100,000,000 to various individuals and legal entities, members of the NIF. This case involves particularly significant financial and social issues entailed by cashing down certain investment funds.
Representing the Government of Romania and the Ministry of Education and Research, before the Romanian courts, in disputes regarding public procurement agreements, with claims exceeding EUR 70,000,000.
Successfully representing a large property developer in Europe, in an ICC arbitration concerning the construction and development of a major retail real estate project, with claims exceeding EUR 60,000,000.
Acting as lead counsel for a Greek holding company, in defending claims amounting to EUR 32,000,000 in UNCITRAL arbitration proceedings, stemming from the privatization contract of a major metallurgical Romanian company.
Representing a major German project development company, in relation to a EUR 30,000,000 arbitration case before the International Court of Arbitration of the Romanian Chamber of Commerce.
Representing a leading provider of stevedoring services in the Constanta seaport, in a complex dispute among shareholders, with total claims valued at EUR 30,000,000.
Representing the Romanian Authority for Privatization (APAPS), in a USD 24,800,000 litigation file against Shapiro Bancorp LLC – Nevada, following the latter’s failure to meet the investment obligations undertaken in accordance with the privatization agreement of Biofarm S.A.
Representing Romatsa (the Romanian Air Traffic Authority), in the criminal file investigated by the Prosecutors’ Office with the High Court of Justice, in relation to an aviation accident that took place in Romania.
Successfully representing the Municipality of Sinaia, regarding a dispute with the leasing company Dunărea IFN S.A., the financing entity for the Sinaia Gondola Lift.
Assisting one of the largest banks in Romania, in various corporate disputes with the most significant minority shareholder, as well as in connection with a claim over a property amounting to EUR 5,000,000.
Successful representation of a leading Romanian politician, during the procedures for challenging the validity of his nomination for the position of Member of the European Parliament, as well as in the case file challenging the validation of his Member of the European Parliament mandate by the National Integrity Agency.
Legal assistance and successful representation of a leading Romanian public figure, in relation to the annulment of the evaluation report by which the National Integrity Agency held the violation of legal treatment of incompatibilities by Mrs. Hossu Longin.
Assisting a leading Italian manufacturer, active in the fields of construction and management of environmental and industrial engineering works, in a complex ICC arbitration case arising from the termination of a FIDIC Contract.
Representing a leading company in the field of light industry, before various courts of law in connection with a post-privatization litigation with claims exceeding EUR 15,000,000.

Assisting and representing a major local player in the research of veterinary science and biotechnological production, in relation to a dispute arising from a concession agreement of 9,000 ha of land, with an approximate value of EUR 15,000,000.
Representing an international company, in relation to a commercial litigation commenced against one of the largest Romanian soda ash manufacturers, in view of recovering outstanding payables of approximately EUR 12,000,000.
Representing a highly specialized Spanish water treatment company, in a complex commercial dispute arising from the enactment of the contractor agreement signed with local subcontractors.
Representing a major European mutual insurance, banking, and financial services group, with regard to several litigations arising from agricultural insurance indemnities, with a total value of EUR 6,100,000.
Representing a major Spanish engineering company, part of a world-renowned American group publicly traded on the New York Stock Exchange, in relation to an arbitration under the rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (seat of arbitration: Bucharest), regarding claims deriving from a Joint Venture Agreement, with an amount in dispute in excess of EUR 2,350,000.
Representing a major European pension fund, in relation to the challenge of a decision rendered by the Romanian Competition Council.
Retained by a leading European global banking and financial services company, with regard to a dispute generated by the enforcement of certain guarantee agreements on stocks of crude oil in Romania.
Representing a leading European private equity fund, affiliated to a major national bank.
Representing a group of private investors in an administrative dispute with the Romanian National Securities Commission (CNVM), on allegations of unlawful concerted actions in specially regulated entities.
Representing a Spanish provider of advisory services for infrastructure development, in a complex FIDIC litigation before the Romanian courts, with claims in excess of EUR 3,000,000.
Representing a multinational pharmaceutical company, before Romanian courts, in relation to a complex litigation against the Competition Council, regarding the cancellation of a decision whereby the client was sanctioned for alleged anti-competitive actions.
Representing a major Romanian scientific research institute for veterinary medicine, in a special procedure challenging a judgment passed by the High Court of Cassation and Justice in relation to a multimillion real estate dispute.
Representing a leading home appliances manufacturer, before various courts of law, in connection with a post-privatization litigation.
Representation of a leading distributor of healthcare products in Romania, in a tax litigation against the National Agency for Fiscal Administration (NAFA), in connection with VAT, corporate tax, as well as other liabilities to the State budget.
Retained by the Romanian Government, represented by the Romanian Ministry of Finance, in a UNCITRAL arbitration case, before the Permanent Arbitration Court in The Hague, initiated by an investor under the Bilateral Investment Treaty signed by Romania and Poland.
Representing a leading insurance company, in a complex commercial litigation initiated against the company, in relation to alleged insurance claims amounting to over EUR 7,000,000.
Representing a leading distributor of FMCG goods in Romania, in a complex commercial litigation with claims exceeding EUR 5,000,000 arising from the infringement of an exclusive distribution agreement in Romania.
Representing the Romanian subsidiary of a Dutch construction company, in a domestic arbitration case before the International Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
Representing a major European holding company, in a complex arbitral litigation file before ICC.
Representing a leading telecommunications company, in a complex administrative litigation against several measures enacted by the National Communications Regulatory Authority.
Successfully acted for a leading Romanian bank, before the courts of law, in connection with a multi-million Euro commercial litigation against one of the major Romanian insurance companies, as well as in relation to the conclusion of a settlement agreement on behalf of the client.
Representing the national television broadcasting network of Romania, in a complex arbitration administered under the Independent Film Television Alliance Arbitration Rules (seat of arbitration: California) arising out of a film license agreement, involving claims of approximately EUR 5,000,000. The dispute entailed the analysis of complex aspects of international arbitration procedure, the application of international private law and European Union law, as well as various issues of substantive law pertaining to the film and media industry.
Representation of a leading telecommunications equipment company, before the courts of law, in a case file having as object the annulment of the tax and administrative documents issued by the National Agency for Fiscal Administration.
Successful representation of the Financial Supervisory Authority, in a litigation against a major Romanian investment fund, in connection with the legitimate refusal of the authority to approve the amendment of some of the clauses of the company management contract.
Representing the Romanian National Air Transportation Company, in several employment litigations.
Representation of a leading insurance company, in numerous litigation against the Policyholders Guarantee Fund, aiming at compensations related to the debits taken over from a bankrupt insurance company.
Representation of a major insurance company, in a litigation where former collaborators of the company requested the payment of various damages and compensations amounting to approx. EUR 750,000.
Representation of a social service parity organization in the field of constructions in Romania, in a series of litigation with local public authorities, regarding the statutory rate of 0.5% related to the construction works, due to the organization.
Representing the Romanian National Railway Company, in a complex ICC arbitration concerning the performance of a FIDIC agreement for the modernization of Timisoara rail station, one of the oldest and major rail hubs in Romania.
Assisting a major Austrian construction company, regarding all legal ways available to enforce several dispute adjudication decisions issued under FIDIC auspices.
Successfully representing a local construction and engineering company, in a high-stake preliminary ruling procedure in front of the Court of Justice of the European Union regarding the interpretation of article 57 (4) letter g) of the Directive 2014/24/EU on public procurement and repealing Directive 2004/18/EC. The preliminary ruling arose in connection with the interpretation of “significant or persistent deficiencies,” as grounds for exclusion.

Ranked as “Leading” law firm in Dispute Resolution by the highly regarded British publication Legal 500 Europe, Middle East & Africa.

Highly recommended in Dispute Resolution by Chambers Global.

“Quality and timely advice” is the hallmark of this national practice. The team is praised by clients for its “experienced and skillful litigators who are extremely client- focused”.

Chambers & Partners

Muşat & Asociaţii has a strong dispute resolution team, appreciated as “very dynamic”, with “strong knowledge and experience” and is noted for its expertise in arbitration and all areas of litigation.

Legal 500

Sources say “it was able to provide specialized lawyers in no time - the firm is outstandingly reactive”.

Chambers & Partners

“Mușat & Asociații’s full involvement in cases is really appreciated.” Moreover, “Muşat combines deep technical knowledge and a high level of business awareness”.

Chambers Europe

“Adept in fiscal litigation, the firm has worked on complex bankruptcy litigations.”

Chambers & Partners

“Mușat & Asociații retains significant capability in the disputes field.”

Legal 500

“The team is very experienced and responsive. We really appreciate the lawyers' vast industry knowledge and excellent services.”

Chambers & Partners

“This firm offers a well-rounded and comprehensive dispute resolution practice, with regional and multinational coverage.”

Chambers & Partners

“The broad-based practice covers arbitrations for international clients, as well as large commercial disputes on the domestic front.”

Legal 500

“Mușat & Asociații's strong practice has a proven track acting for both public-sector bodies and private companies defending and pursuing litigation claims.”

Legal 500

“Highly respected team with excellent knowledge of the field, they offer good solutions and they are able to understand the most complex legal cases.”

Legal 500

Clients appreciate Mușat & Asociații for its “strong, dynamic, professional and loyal” team.

Legal 500

“Very capable, prompt, good knowledge and oriented to fulfill the customer needs.”

Legal 500

Muşat & Asociaţii has “a dominant share of the country's business” and “garners much respect from its competitors and clients.”

IFLR 1000

“Muşat & Asociaţii is a Romanian brand, which has developed itself a formidable reputation on the market.”

IFLR 1000

“High reputation as a full - service law firm, with a strong portfolio of complex projects.”

IFLR 1000

“They demonstrate a high capacity for research and analysis. They are responsive and provide reliable advice. Deadlines are always kept.”

Chambers Europe

“We appreciate their reliability, their innovative approach and their responsiveness, together with their proactive attitude.”

Chambers Europe

“Mușat & Asociații delivers great service in a very tough environment.”

Chambers & Partners

“Excellent on all fronts”, Muşat & Asociaţii is highly rated and has a lengthy track record.

Legal 500

“This team is outstanding in all respects, and will never let you down. The lawyers put in the effort and hours to get the best results for their clients.”

Chambers Europe

“Their firm provides exceptional quality of work with a great team of lawyers displaying depth of knowledge.”

Legal 500

“The legal team offers a well-rounded and very dynamic dispute resolution practice, with regional and multinational coverage. A firm with international standards and an important local player.”

Legal 500

One source values the “very smooth and efficient” co-operation with the team, adding that all team members are “responsive and hard-working”.

Chambers & Partners

Interviewees report that the members of the team are “are reliable, never let you down and always find the right solution”.

Legal 500

Clients appreciate the firm's comprehensive support, with one highlighting that the lawyers “consistently work extremely well”.

Chambers & Partners

“The lawyers provide solutions, undertake proactive initiatives, provide ongoing support, are quick to answer and are very efficient and knowledgeable.”

Chambers & Partners

“Reliable, responsive, detailed, and excellent client communication.”

Legal 500

Clients are impressed by the team at this “incredibly responsive” firm, noting that “it seems like someone is available 24 hours a day”.

Chambers & Partners

Clients appreciate the firm’s “competence and timely manner”, acknowledging that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered”.

Legal 500

Clients report that the firm offered “very good legal support”, underlining that the lawyers are “very helpful and very responsive”.

Chambers & Partners