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| Litigation & Arbitration |
The lawyers in Ţuca Zbârcea & Asociaţii have amassed a lot of experience in the practice of Litigation and Arbitration, dealing with contentious matters in various areas of practice. Ţuca Zbârcea & Asociaţii’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, 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 ICC, UNCITRAL and ICSID and have dealt with complex substantive law issues in specific litigation circumstances.
Based on this experience, our litigators help to establish a litigation strategy from the outset of each matter, seek to develop creative solutions, and advise on the best course of action with a view to assisting clients in achieving their business goals.
We have represented businesses, financial institutions, government agencies and individuals in a broad range of complex cases, including civil, commercial and corporate issues, joint ventures and related business disputes, intellectual property (including patent, trademark, copyright, trade secret and unfair competition cases), banking and finance, tax issues, bankruptcy and insolvency, insurance, labor, maritime, real estate, securities, enforcement of domestic and foreign judgments and arbitral awards, governmental investigation, etc.
If no other course is open, we employ a tough-minded, business-oriented approach to the assessment and conduct of litigation cases on behalf of our clients and have enjoyed great success in achieving favorable results that meet the business goals and objectives of our clients.
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| Scope of Practice |
| Administrative Contentious |
| assessment of compliance with administrative law requirements by various documents; assessment of default of relevant bodies in their conduct towards the client: refusal to issue permits, authorizations, approvals, etc., delay in issuance, lack of answer; drafting and submitting judicial documents, assisting and representing clients in all procedural phases, including the preliminary challenge to the relevant administrative body (the administrative recourse). |
| Bankruptcy |
| assisting and representing clients, both creditors and debtors, in insolvency proceedings; identifying settlement opportunities and ensuring the benefit of privileged or secured debts in case of threatened bankruptcy; providing restructuring strategies and contributing to the drafting of reorganization plans; assessing legal feasibility of reorganization plans proposed by either debtor or creditor; ensuring the creditor’s debt collection following the liquidation of the debtor’s assets. |
| Corporate Disputes |
| assessment of compliance of various corporate decisions and/or conduct of corporate collegial bodies or representatives and identifying the best courses of action; assistance in amicable settlement of disputes; assisting and representing clients in all procedural phases related to corporate dispute judicial settlement, including shareholders and securities litigation, cancellation of corporate resolutions, opposition to corporate resolution by corporate creditors and interested third parties; application for cancellation of registrations made with the trade registry, protection of minority shareholders’ rights, etc. |
| Commercial Arbitration |
| assisting and representing claimants and respondents in commercial arbitration, either local or international, including any preliminary attempt to reach an amicable settlement; assessing applicable law according to Romanian law on the settlement of conflicts; assessing public policy law under Romanian law, as well as other possible bars to the recognition and enforcement in Romania of foreign arbitral awards; analyzing and reviewing foreign legislation in order to assess possible bars to enforcement of arbitral awards in other jurisdictions. |
| Commercial and Civil Litigation |
| assisting and representing clients in all procedural phases, including required preliminary conciliation, in virtually every industry and all areas of commercial interest, in matters stemming from commercial agreements, insurance agreements, lender liability and banking-related issues, acquisition-related issues, energy, construction industry liability, shipping (sale-purchase agreements, mortgages, liens, etc.), product liability, privatization procedures and privatization agreements, construction and real estate. |
| Competition |
| assisting and representing clients in contentious matters related to competition issues raised before or by the Competition Council and in subsequent judicial proceedings. |
| Criminal Litigation |
| assisting individuals in slander claims against newspapers as well as assisting and representing clients in various criminal procedures before the police and prosecuting magistracy. |
| Employment |
| assisting employers in rights or interests disputes, including employment discrimination, wrongful discharge, labor-management disputes. |
| Enforcement Procedures |
| applying for tailored pre-judgment measures ensuring enforcement; assisting and representing a client during enforcement procedures. |
| Family Law Disputes |
| assisting and representing clients in family law cases, such as dissolution of marriage, child custody, division of community property. |
| Insurance Coverage |
| evaluating client\'s insurance program and its evolution in time as well as the underlying claims for which coverage may be sought and recommending a course of action; assisting a client or acting for a client in conciliation proceedings with a view to obtaining a reasonable solution; preparing and filing claims for insurance coverage. |
| Intellectual Property |
| assisting and representing clients on a full-range of contentious matters related to IP rights protection and the regulatory authorities and judicial courts. |
| Public International Law Arbitration |
| assisting clients (both investors and state bodies) in international arbitration of disputes flowing from breaches of bilateral investment protection treaties (identifying possible claims; assessing viability of possible claims under public international law; assessing breaches of local legislation and/or conduct by state bodies possibly amounting to breach of a State’s international obligations; notifying international bodies of the intention to arbitrate; assisting during preliminary attempts at settlement; preparing and filing submissions, documentary evidence, preparing witness statements, etc.). |
| Real Estate Litigation |
| our lawyers have extensive experience in dispute resolution, as well as managing complex trials involving disputes concerning the ownership right over real property, including recovery of property abusively seized by the former communist regime. |
| Sports Law |
| legal assistance and representation in contract negotiations and endorsement opportunities, including representation in contract disputes and other sports law related litigation and arbitration. |
| Taxation / Administrative Contentious |
| handling tax-based litigation at all levels and with regard to a full range of taxes, duties and contributions of any kind to the State budgets. |
| Torts |
| representation in court cases involving injuries to reputation, including media defamation. Our expertise also includes management of disputes involving property torts and product liability. |
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