Țuca Zbârcea & Asociații | PRACTICE AREAS

Domestic & International Arbitration

Our team has unrivalled experience in dealing with arbitration matters in front of international or domestic courts of arbitration, as regards complex commercial and public international law disputes.

We have in-depth working knowledge of various arbitration procedural rules, such as the Rules of Arbitration of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania (CICA), of the International Chamber of Commerce (ICC), of the United Nations Commission on International Trade Law (UNCITRAL) and of the International Centre for Settlement of Investor Disputes attached to the World Bank (ICSID). Our legal team also regularly assists clients in arbitration-related litigation such as setting aside proceedings or recognition and enforcement of foreign arbitral awards. 

We have dealt with complex legal issues, related to, among others, privatisation procedures and agreements, contracting works and construction agreements, development of large mining projects, permitting and airport commercial services, public and private property, chartering services as well as corporate issues.

A central focus of our activity is public international law arbitration, disputes between States and investors, carried out before ICSID. Our lawyers, in consortium with prime-tier international law firms, have represented either the Romanian State or foreign investors in several such international disputes.

Our Services

assisting and representing claimants and respondents in domestic or international commercial arbitration, including any preliminary attempt to reach amicable settlement, assessing the rules applicable to conflict settlement according to relevant contracts or Romanian law, as well as other possible obstacles to recognition and enforcement in Romania of foreign arbitral awards, analysing and reviewing foreign legislation to assess possible obstacles to enforcement of arbitral awards in other jurisdictions, preparing and filing written submissions and the documentary record, assisting and preparing the witnesses and experts with their testimonies, assisting and representing clients in oral hearings, etc.
assisting clients (investors or the State) in international arbitration disputes derived from violations of bilateral investment protection treaties (BIT). Our services consist in identifying possible claims under public international law, assessing breaches of local legislation and/or conduct by state bodies possibly amounting to breach of the State’s international obligations, notifying international bodies of the intention to arbitrate, assisting during preliminary attempts at settlement, preparing and filing written submissions and the documentary record, assisting and preparing the witnesses and experts with their testimonies, assisting and representing clients in oral hearings etc.

Client Highlights

Legal assistance and representation to a Romanian governmental entity in relation to a USD 130,000,000 dispute. We successfully assisted a Romanian governmental entity in a complex arbitration initiated by a foreign company. The ICSID Tribunal entirely dismissed the claims for an alleged expropriation of the claimant’s investment made on Otopeni Airport. The case covered the 12-year history of the investment and addressed numerous domestic law issues related to corporate and contract law, public procurement, duty-free services, tax-related matters, corruption claims, as well as international law issues related to the standard of fair and equitable treatment.
Successful assistance of a Romanian governmental entity against a USD 180,000,000 claim. We successfully represented a Romanian governmental entity in an ICSID arbitration case initiated by a foreign company. The case involved shareholding and contractual rights under an agreement concluded between the claimant and Romania's privatisation authority to take over the privatisation of Nitramonia S.A., a large ammonia manufacturing and processing plant. The case was discontinued further to the claimant abandoning its claim in an advance stage.
Achieving the dismissal of the case in the jurisdictional phase. We successfully represented a Romanian governmental entity in an ICSID arbitration whereby two Turkish investors raised claims arising out of the decision by Romania's privatisation agency AVAS to take possession of claimants' shares in an agricultural machinery manufacturer, IMUM Medgidia. Following a preliminary phase including oral hearings, the arbitral tribunal admitted Romania’s jurisdiction objection and declined jurisdiction over the claim.
Successfully advising and representing a Romanian governmental entity in an ICISD arbitration case initiated by an US investor, claiming as much as USD 447,000,000 in claims. The case covered very complex international law matters (particularly related to expropriation, FET standard), as well as relevant Romanian law matters (privatisation, fiscal law, bankruptcy and insolvency, contract law, companies’ law, employment, etc.).
Assistance and representation of three leading international construction companies in two ICC arbitration proceedings with regards to a major project of railway infrastructure in Romania. The dispute derives from two works contracts concluded under the FIDIC forms of contract (Red Book, 1999). Clients’ claims amount to approximately EUR 40,000,000.
Legal assistance and representation in a USD 16,200,000 arbitration whereby our team advised the subsidiary of a global player in the sector of large and strategic infrastructure projects. The dispute derives from a FIDIC Contract in relation to a major Romanian project in airport infrastructure.
Representation of an Italian construction company in relation to a EUR 6,000,000 ICC arbitration. The dispute regarded a major Romanian project in transport infrastructure and involved complex issues related to the performance of FIDIC contracts (the Red Book, 1999 Edition).
Representation of an Italian construction company in relation to a EUR 3,700,000 CICA arbitration against a State-owned company under the rules of the CICA. The dispute concerned the revision of the contractual price and penalties for delayed payment, arising out of a contract that may best be characterized as a mix between a FIDIC Red Book (1999) and a FIDIC Yellow Book (1999).
Representation of an important Romanian construction company in a dispute before the CICA related to a major steel service centre in Romania worth about EUR 20,000,000. The client sought compensation for the works performed, return of the performance guarantees and damages. The client’s claims amounted to approximately EUR 2,600,000.
Representation of one of the most prominent EPC contractors in Romania in an arbitration proceeding before the CICA. The dispute derives from a works contract with regards to a hydropower plant. The amounts in dispute are currently over EUR 25,000,000.
Representation of the largest independent oil and gas producer in Romania in an ICC arbitration regarding the relinquishment of a concession agreement for petroleum exploration, development and production in a block located in Romania. The claims in this case amounted to USD 1,300,000.
Representation of a major European energy trading and investment concern in a EUR 40,530,000 ad hoc arbitration, initiated by the client under UNCITRAL Arbitration Rules against a major Romanian electricity producer.
Representation of the largest hydro energy producer from Romania in a EUR 20,000,000 ICC arbitration, in a matter of product liability. The documentary record covered a 10-year period of contractual relationship.
Representation of a major Romanian digital services company in two arbitration proceedings before the CICA against a Romanian public authority. The disputes derived from a supply contract involving EU financing. The client’s claims amounted to approximately EUR 8,000,000.

Acest site folosește cookie-uri. Află in sectiunea Politica de Cookies mai multe despre cookie-uri.