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The arbitration team of Tuca Zbarcea & Asociatii scores another victory in an arbitral dispute worth EUR 6 million The arbitration team of Tuca Zbarcea & Asociatii has won an arbitral dispute in connection with a public works project worth EUR 6 million. The firm represented a company specializing in road markings and signs in the arbitration proceedings carried out according to the rules of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry. The arbitration team of Tuca Zbarcea & Asociatii has won an arbitral dispute in connection with a public works project worth EUR 6 million. The firm represented a company specializing in road markings and signs in the arbitration proceedings carried out according to the rules of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry. The arbitral dispute, initiated by the company in October 2017, arose from the breach of a joint venture agreement concluded for taking part in a project worth EUR 6 million, having as object the performance of road markings on national roads in Romania. The company sought in arbitration the recovery of the profit related to the works which it was entitled to for the project in question according to the terms of the joint venture agreement, as well as corresponding delay penalties. By the arbitral award handed down in April 2019, the arbitral tribunal fully upheld the request for arbitration and rejected the counterclaim submitted by the opposing party. According to Cornel Popa, Co-Head of the arbitration practice of Tuca Zbarcea & Asociatii, the arbitral tribunal ruled on a series of important issues, such as those related to the duties of the leader of a consortium taking part in a public works project, the distribution between consortium members of the works received from public authorities with constant observance of the contractual percentage agreed for each individual work, and the duty of the consortium leader to abide by its obligation to inform the other consortium members about the works received. The tribunal also ruled on a matter of principle regarding the interpretation of the agreement in relation to the established practices between the parties, which can be upheld only if there is an insufficient determination of the content of the agreement and only if the practices are established between the parties, and not in relation to the contracting authority, which is a third party with regard to the joint venture agreement. The award impacts the entirety of relations between the parties for the project in dispute, so the subsequent financial implications are larger than the amounts claimed in the arbitration proceedings. The setting aside proceedings commenced by the defendant were finally dismissed by the courts of law. In October 2019, the Bucharest Court of Appeals upheld the traditional rule in the field of arbitration, in the sense that the court does not have the power to review the merits of the case, and that the interpretation of legal relations between the parties is exclusively attributed to the arbitral tribunal, a decision which the High Court of Cassation and Justice confirmed on 23 February 2021. In the arbitration proceedings, the claimant was represented by a team of attorneys led by Cornelia Tabirta, Managing Associate within the Litigation and Arbitration practice group of Tuca Zbarcea & Asociatii. The legal assistance and representation in the setting aside proceedings were headed by Ana Popa, Managing Associate within the same practice. The team also included Associates Andrei Diaconescu and Bianca Cercel. Tuca Zbarcea & Asociatii has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review. More so, the firm is a recipient of the 2020 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.
March 12, 2021
The arbitration team of Țuca Zbârcea & Asociații scores another victory in an arbitral dispute worth EUR 6 million
The arbitration team of Țuca Zbârcea & Asociații has won an arbitral dispute in connection with a public works project worth EUR 6 million. The firm represented a company specializing in road markings and signs in the arbitration proceedings carried out according to the rules of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry. [+]

The arbitration team of Țuca Zbârcea & Asociații has won an arbitral dispute in connection with a public works project worth EUR 6 million. The firm represented a company specializing in road markings and signs in the arbitration proceedings carried out according to the rules of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry.

The arbitral dispute, initiated by the company in October 2017, arose from the breach of a joint venture agreement concluded for taking part in a project worth EUR 6 million, having as object the performance of road markings on national roads in Romania. The company sought in arbitration the recovery of the profit related to the works which it was entitled to for the project in question according to the terms of the joint venture agreement, as well as corresponding delay penalties. By the arbitral award handed down in April 2019, the arbitral tribunal fully upheld the request for arbitration and rejected the counterclaim submitted by the opposing party.

According to Cornel Popa, Co-Head of the arbitration practice of Țuca Zbârcea & Asociații, the arbitral tribunal ruled on a series of important issues, such as those related to the duties of the leader of a consortium taking part in a public works project, the distribution between consortium members of the works received from public authorities with constant observance of the contractual percentage agreed for each individual work, and the duty of the consortium leader to abide by its obligation to inform the other consortium members about the works received. The tribunal also ruled on a matter of principle regarding the interpretation of the agreement in relation to the established practices between the parties, which can be upheld only if there is an insufficient determination of the content of the agreement and only if the practices are established between the parties, and not in relation to the contracting authority, which is a third party with regard to the joint venture agreement. The award impacts the entirety of relations between the parties for the project in dispute, so the subsequent financial implications are larger than the amounts claimed in the arbitration proceedings.

The setting aside proceedings commenced by the defendant were finally dismissed by the courts of law. In October 2019, the Bucharest Court of Appeals upheld the traditional rule in the field of arbitration, in the sense that the court does not have the power to review the merits of the case, and that the interpretation of legal relations between the parties is exclusively attributed to the arbitral tribunal, a decision which the High Court of Cassation and Justice confirmed on 23 February 2021.

In the arbitration proceedings, the claimant was represented by a team of attorneys led by Cornelia Tăbîrță, Managing Associate within the Litigation and Arbitration practice group of Țuca Zbârcea & Asociații. The legal assistance and representation in the setting aside proceedings were headed by Ana Popa, Managing Associate within the same practice. The team also included Associates Andrei Diaconescu and Bianca Cercel.

Țuca Zbârcea & Asociații has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review.

More so, the firm is a recipient of the 2020 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.

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Tuca Zbarcea & Asociatii advises on the sale of the iconic Ramada Majestic Hotel Tuca Zbarcea & Asociatii acted on one of Romania's most important deals in the HORECA industry since the beginning of the year. The firm's Real estate team advised the owner of Ramada Majestic, an iconic hotel located on Calea Victoriei, Bucharest's oldest and probably most charming street on signing a deal with Swiss company - VisionApartments. Tuca Zbarcea & Asociatii acted on one of Romania's most important deals in the HORECA industry since the beginning of the year. The firm's Real Estate team advised the owner of Ramada Majestic, an iconic hotel located on Calea Victoriei, Bucharest's oldest and probably most charming street. The hotel was sold to VisionApartments, a Swiss company offering tailored temporary living solutions in over 850 business locations worldwide. The seller's team was led by Partner Dan Borbely who worked closely with Special Properties, the exclusive broker of the seller. "We are very delighted to pass the historical property to the next generation", said the advisors. Razvan Mircea, a Managing Associate in Tuca Zbarcea & Asociatii's Real Estate practice group also advised on the deal. The historic hotel was built in 1920 and it features 111 rooms and 450 sqm event space, consisting of 6 meeting rooms that can accommodate up to 300 guests. A gym, a spa area with a heated pool, a jacuzzi as well as a bar, a restaurant, and a business centre are part of the unique property.
March 3, 2021
Țuca Zbârcea & Asociații advises on the sale of the iconic Ramada Majestic Hotel

Țuca Zbârcea & Asociații acted on one of Romania's most important deals in the HORECA industry since the beginning of the year. The firm's Real estate team advised the owner of Ramada Majestic, an iconic hotel located on Calea Victoriei, Bucharest's oldest and probably most charming street on signing a deal with Swiss company - VisionApartments. [+]

Țuca Zbârcea & Asociații acted on one of Romania's most important deals in the HORECA industry since the beginning of the year. The firm's Real Estate team advised the owner of Ramada Majestic, an iconic hotel located on Calea Victoriei, Bucharest's oldest and probably most charming street. The hotel was sold to VisionApartments, a Swiss company offering tailored temporary living solutions in over 850 business locations worldwide.

The seller's team was led by Partner Dan Borbely who worked closely with Special Properties, the exclusive broker of the seller. "We are very delighted to pass the historical property to the next generation", said the advisors. Răzvan Mircea, a Managing Associate in Țuca Zbârcea & Asociații's Real Estate practice group also advised on the deal. 

The historic hotel was built in 1920 and it features 111 rooms and 450 sqm event space, consisting of 6 meeting rooms that can accommodate up to 300 guests. A gym, a spa area with a heated pool, a jacuzzi as well as a bar, a restaurant, and a business centre are part of the unique property.

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Tuca Zbarcea & Asociatii, sole Romanian law firm listed in the inaugural GDR 100 elite The inaugural edition of the GDR 100 identifies and profiles the world's best data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field - and the first data law ranking that does not exclusively focus on data protection and privacy. From Romania, Tuca Zbarcea & Asociatii stands out as the only law firm that received a listing in the GDR 100 edition. According to the editors, "Tuca Zbarcea & Asociatii is home to Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors." The inaugural edition of the GDR 100 identifies and profiles the world's best data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field - and the first data law ranking that does not exclusively focus on data protection and privacy. From Romania, Tuca Zbarcea & Asociatii stands out as the only law firm that received a listing in the GDR 100 edition. According to the editors, "Tuca Zbarcea & Asociatii is home to Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors. In ticking all the boxes, the firm is well-placed to handle large, complex and important data projects - something client referees particularly recommend it for. Further helpful in this regard is international expertise and a collaborative approach - Tuca Zbarcea & Asociatii's data experts have no problem slotting into cross-border legal teams whose members come from peer firms around the world." Also, the firm's clients praise the firm as it has "A remarkably good team of data privacy lawyers who respond quickly, meet tight deadlines and think ahead to potential problems and solutions. The team really understands the telecommunications industry and gives practical advice that is tailored to its clients." Another client says "The group is highly creative and strikes the right balance in terms of giving legal and business advice. Its lawyers are open minded, flexible and good active listeners who know how to make you feel comfortable. Their internal and external communication is very effective, and their advice is consistently accurate and reliable." Further, several individuals come in for high praise, too: "Ciprian Timofte is an excellent team player and a determined, enthusiastic and innovative lawyer." "Bogdan Halcu is commercial and creative, as well as good at contextualising data privacy issues in their wider context." "Sergiu Cretu has an analytical mind and has amassed considerable data privacy and IP experience. He is proactive and straightforward." "Ciprian Dragomir has a strong background in data privacy and intellectual property. He delegates effectively and has built up an experienced team around him." The full rankings are available here: https://globaldatareview.com/survey/gdr-100/2021/organization-profile/tuca-zbarcea-asociatii
February 25, 2021
Țuca Zbârcea & Asociații, sole Romanian law firm listed in the inaugural GDR 100 elite

The inaugural edition of the GDR 100 identifies and profiles the world's best data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field - and the first data law ranking that does not exclusively focus on data protection and privacy.

From Romania, Țuca Zbârcea & Asociații stands out as the only law firm that received a listing in the GDR 100 edition. According to the editors, "Țuca Zbârcea & Asociații is home to Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors." [+]

The inaugural edition of the GDR 100 identifies and profiles the world's best data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field - and the first data law ranking that does not exclusively focus on data protection and privacy.

From Romania, Țuca Zbârcea & Asociații stands out as the only law firm that received a listing in the GDR 100 edition. According to the editors, "Țuca Zbârcea & Asociații is home to Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors. In ticking all the boxes, the firm is well-placed to handle large, complex and important data projects - something client referees particularly recommend it for. Further helpful in this regard is international expertise and a collaborative approach - Țuca Zbârcea & Asociații's data experts have no problem slotting into cross-border legal teams whose members come from peer firms around the world."

Also, the firm's clients praise the firm as it has "A remarkably good team of data privacy lawyers who respond quickly, meet tight deadlines and think ahead to potential problems and solutions. The team really understands the telecommunications industry and gives practical advice that is tailored to its clients."

Another client says "The group is highly creative and strikes the right balance in terms of giving legal and business advice. Its lawyers are open minded, flexible and good active listeners who know how to make you feel comfortable. Their internal and external communication is very effective, and their advice is consistently accurate and reliable."

Further, several individuals come in for high praise, too: "Ciprian Timofte is an excellent team player and a determined, enthusiastic and innovative lawyer." "Bogdan Halcu is commercial and creative, as well as good at contextualising data privacy issues in their wider context." "Sergiu Cretu has an analytical mind and has amassed considerable data privacy and IP experience. He is proactive and straightforward." "Ciprian Dragomir has a strong background in data privacy and intellectual property. He delegates effectively and has built up an experienced team around him."

The full rankings are available here: https://globaldatareview.com/survey/gdr-100/2021/organization-profile/tuca-zbarcea-asociatii

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Tuca Zbarcea & Asociatii, recognised as a Tier 1 law firm for its Media Law expertise Media Law International, the specialist guide to the world's leading firms for media law has recently launched its 2021 edition. The annual publication provides comprehensive coverage of law firms and practitioners with media law expertise, across 56 jurisdictions around the world. From Romania, a total of 20 law firms have been recognised for their media law expertise, with Tuca Zbarcea & Asociatii being ranked in the top echelon of the market. Media Law International, the specialist guide to the world's leading firms for media law has recently launched its 2021 edition. The annual publication provides comprehensive coverage of law firms and practitioners with media law expertise, across 56 jurisdictions around the world. From Romania, a total of 20 law firms have been recognised for their media law expertise, with Tuca Zbarcea & Asociatii being ranked in the top echelon of the market. The firm received a well-deserved Tier 1 rating, with editors commenting: "Tuca Zbarcea & Asociatii's leading media and advertising group attracts multiple clients from the broadcast sector. With assistance including legal and regulatory, the firm's service areas cover a range of matters including television distribution, digital broadcasting and authorisation." The firm's media law practice is led by Partners Vlad Cercel and Catalin Baiculescu. The full rankings are available here: http://www.medialawinternational.com/romaniarankings.html
February 19, 2021
Țuca Zbârcea & Asociații, recognised as a Tier 1 law firm for its Media Law expertise

Media Law International, the specialist guide to the world's leading firms for media law has recently launched its 2021 edition. The annual publication provides comprehensive coverage of law firms and practitioners with media law expertise, across 56 jurisdictions around the world.

From Romania, a total of 20 law firms have been recognised for their media law expertise, with Țuca Zbârcea & Asociații being ranked in the top echelon of the market. [+]

Media Law International, the specialist guide to the world's leading firms for media law has recently launched its 2021 edition. The annual publication provides comprehensive coverage of law firms and practitioners with media law expertise, across 56 jurisdictions around the world.

From Romania, a total of 20 law firms have been recognised for their media law expertise, with Țuca Zbârcea & Asociații being ranked in the top echelon of the market. The firm received a well-deserved Tier 1 rating, with editors commenting: "Țuca Zbârcea & Asociații's leading media and advertising group attracts multiple clients from the broadcast sector. With assistance including legal and regulatory, the firm's service areas cover a range of matters including television distribution, digital broadcasting and authorisation."

The firm's media law practice is led by Partners Vlad Cercel and Cătălin Băiculescu.

The full rankings are available here: http://www.medialawinternational.com/romaniarankings.html 

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Tuca Zbarcea & Asociatii retains a Gold position in the 2021 edition of WTR 1000 The Romanian law firm is ranked in the Gold band for both Enforcement and Litigation, as well as Prosecution and Strategy of the 2021 edition of World Trademark Review 1000: The World's Leading Trademark Professionals. According to the editors, a "Gold" designation means that the respective law firm has attracted the most positive comments from sources, being identified as the creme de la creme. The Romanian law firm is ranked in the Gold band for both Enforcement and Litigation, as well as Prosecution and Strategy of the 2021 edition of World Trademark Review 1000: The World's Leading Trademark Professionals. According to the editors, "in pole position on both the prosecution and litigation fronts, Tuca Zbarcea & Asociatii has the talent, know-how and experience to execute flawlessly on high-profile mandates. [...] Heading the IP and data protection groups is Ciprian Dragomir, who wages uncompromising campaigns against infringers and counterfeiters in consumer-facing industries such as tobacco, food and drink, and fashion. Assisting him with many of the firm's most critical instructions is managing associate Bogdan Halcu, who has mastered everything from registration to enforcement, licensing and regulatory issues, as well as anti-counterfeiting and competition matters." A "Gold" designation means that the respective law firm has attracted the most positive comments from sources, being identified as the creme de la creme. The WTR 1000 research directory, which focuses exclusively on trademark practices and practitioners, has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise. When identifying the leading firms, factors such as depth of expertise, market presence and the level of work on which they are typically instructed were all taken into account, alongside positive peer and client feedback. The full rankings are available here: https://www.worldtrademarkreview.com/directories/wtr1000/rankings/romania
February 15, 2021
Țuca Zbârcea & Asociații retains a Gold position in the 2021 edition of WTR 1000
The Romanian law firm is ranked in the Gold band for both Enforcement and Litigation, as well as Prosecution and Strategy of the 2021 edition of World Trademark Review 1000: The World's Leading Trademark Professionals. According to the editors, a "Gold" designation means that the respective law firm has attracted the most positive comments from sources, being identified as the creme de la creme[+]

The Romanian law firm is ranked in the Gold band for both Enforcement and Litigation, as well as Prosecution and Strategy of the 2021 edition of World Trademark Review 1000: The World's Leading Trademark Professionals.  

According to the editors, "in pole position on both the prosecution and litigation fronts, Țuca Zbârcea & Asociații has the talent, know-how and experience to execute flawlessly on high-profile mandates. [...] Heading the IP and data protection groups is Ciprian Dragomir, who wages uncompromising campaigns against infringers and counterfeiters in consumer-facing industries such as tobacco, food and drink, and fashion. Assisting him with many of the firm's most critical instructions is managing associate Bogdan Halcu, who has mastered everything from registration to enforcement, licensing and regulatory issues, as well as anti-counterfeiting and competition matters."

A "Gold" designation means that the respective law firm has attracted the most positive comments from sources, being identified as the creme de la creme.

The WTR 1000 research directory, which focuses exclusively on trademark practices and practitioners, has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise. When identifying the leading firms, factors such as depth of expertise, market presence and the level of work on which they are typically instructed were all taken into account, alongside positive peer and client feedback.

The full rankings are available here: https://www.worldtrademarkreview.com/directories/wtr1000/rankings/romania

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Tuca Zbarcea & Asociatii law firm wins an arbitral dispute worth EUR 5.5 million An irrevocable ruling handed down by the supreme court in a EUR 5.5 million arbitration ends a nine-year-long dispute whereas Tuca Zbarcea & Asociatii represented a private company with a team coordinated by Cornel Popa and Ioana Gelepu, Partners in the Litigation and Arbitration practice group, as well as Cornelia Tabirta, Managing Associate within the same department. The dispute arose from a contract concluded in 2007. Under such contract, a private company had undertaken obligations to design, deliver, install and train the beneficiary's staff in connection with the performance of an electronic archiving system. Given that its contractual partner (a public authority) refused to pay the second instalment of the agreed price, the company initiated in 2012 an arbitral dispute before the International Commercial Arbitration Court of the Chamber of Commerce and Industry of Romania. Initially, by an arbitral award handed down in 2015, the arbitral tribunal admitted the claims consisting in the price balance, and it forced the public authority to pay approximately EUR 5.5 million. Next, in 2016, the Bucharest Court of Appeal admitted the action for annulment filed by the public authority and annulled the arbitral award, retaining that the dispute could not be subject to arbitration. Finally, the company lodged a final appeal against such ruling before the High Court of Cassation and Justice and this month, the supreme court handed down its irrevocable ruling whereby it allowed the company's final appeal and thus it maintained the initial arbitral award. This closes a real saga arising from this contract. At the end of 2019, the supreme court previously handed down a final ruling in yet another dispute between the same parties, whereas the company had requested the refund of the amount of the letter of bank guarantee abusively enforced by the beneficiary. At that time, the High Court of Cassation and Justice rejected the authority's final appeal and thus it maintained the arbitral award under which the authority had been obliged to pay an amount of approximately EUR 1.4 million. The case involved a variety of legal reviews, debates on issues such as international contract law and the effects of Romania's commitments towards the European Commission, the limits of arbitrability from the perspective of general and special procedural rules, the delimitations between various types of contracts entered into with the public authorities on the basis of general or special rules, the application of the principles of contractual liability in a complex relationship, both from the perspective of the obligations assumed by the parties and from the perspective of the way in which such relationship evolved. The ruling of the supreme court contributes to the consolidation of arbitration as a viable alternative for the relief of the courts and to the observance of the principle of the binding force of the contracts between private companies and public authorities. In this dispute, the applicant was represented by a legal team coordinated by Cornel Popa and Ioana Gelepu, Partners in the Litigation and Arbitration practice group of Tuca Zbarcea & Asociatii, as well as Cornelia Tabirta, Managing Associate within the same department. Tuca Zbarcea & Asociatii has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review. More so, the firm is a recipient of the 2020 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.
January 29, 2021
Țuca Zbârcea & Asociații law firm wins an arbitral dispute worth EUR 5.5 million
An irrevocable ruling handed down by the supreme court in a EUR 5.5 million arbitration ends a nine-year-long dispute whereas Țuca Zbârcea & Asociații represented a private company with a team coordinated by Cornel Popa and Ioana Gelepu, Partners in the Litigation and Arbitration practice group, as well as Cornelia Tăbîrță, Managing Associate within the same department. [+]

The dispute arose from a contract concluded in 2007. Under such contract, a private company had undertaken obligations to design, deliver, install and train the beneficiary's staff in connection with the performance of an electronic archiving system.

Given that its contractual partner (a public authority) refused to pay the second instalment of the agreed price, the company initiated in 2012 an arbitral dispute before the International Commercial Arbitration Court of the Chamber of Commerce and Industry of Romania.

Initially, by an arbitral award handed down in 2015, the arbitral tribunal admitted the claims consisting in the price balance, and it forced the public authority to pay approximately EUR 5.5 million. Next, in 2016, the Bucharest Court of Appeal admitted the action for annulment filed by the public authority and annulled the arbitral award, retaining that the dispute could not be subject to arbitration. Finally, the company lodged a final appeal against such ruling before the High Court of Cassation and Justice and this month, the supreme court handed down its irrevocable ruling whereby it allowed the company's final appeal and thus it maintained the initial arbitral award.

This closes a real saga arising from this contract. At the end of 2019, the supreme court previously handed down a final ruling in yet another dispute between the same parties, whereas the company had requested the refund of the amount of the letter of bank guarantee abusively enforced by the beneficiary. At that time, the High Court of Cassation and Justice rejected the authority's final appeal and thus it maintained the arbitral award under which the authority had been obliged to pay an amount of approximately EUR 1.4 million.

The case involved a variety of legal reviews, debates on issues such as international contract law and the effects of Romania's commitments towards the European Commission, the limits of arbitrability from the perspective of general and special procedural rules, the delimitations between various types of contracts entered into with the public authorities on the basis of general or special rules, the application of the principles of contractual liability in a complex relationship, both from the perspective of the obligations assumed by the parties and from the perspective of the way in which such relationship evolved.

The ruling of the supreme court contributes to the consolidation of arbitration as a viable alternative for the relief of the courts and to the observance of the principle of the binding force of the contracts between private companies and public authorities.

Ioana_Gelepu_Cornel_Popa_Cornelia_Tabirta_website

In this dispute, the applicant was represented by a legal team coordinated by Cornel Popa and Ioana Gelepu, Partners in the Litigation and Arbitration practice group of Țuca Zbârcea & Asociații, as well as Cornelia Tăbîrță, Managing Associate within the same department.

Țuca Zbârcea & Asociații has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review.

More so, the firm is a recipient of the 2020 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.

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Tuca Zbarcea & Asociatii law firm advising giant AmerisourceBergen Corporation on the local loop of its USD 6.47 billion acquisition of Alliance Healthcare distribution business from Walgreens Boots Alliance (WBA) On 6 January 2021, AmerisourceBergen Corporation (NYSE: ABC) and Walgreens Boots Alliance signed the transaction whereby the U.S. corporate giant acquired Alliance Healthcare - WBA's wholesale pharmaceutical distribution business in Europe, including Romania, together with other specified services, as well as retail pharmacy operations in several European countries. Within the local component of the transaction, AmerisourceBergen benefited from the legal assistance services provided by Tuca Zbarcea & Asociatii. On 6 January 2021, AmerisourceBergen Corporation (NYSE: ABC) and Walgreens Boots Alliance signed the transaction whereby the U.S. corporate giant acquired Alliance Healthcare - WBA's wholesale pharmaceutical distribution business in Europe, including Romania, together with other specified services, as well as retail pharmacy operations in several European countries. Within the local component of the transaction, AmerisourceBergen benefited from the legal assistance services provided by Tuca Zbarcea & Asociatii. The Romanian firm acted as part of an international consortium led by Hogan Lovells. The team was led by partner Ciprian Dragomir and managing associate Dominic Morega, and included lawyers and experts with extensive experience in various areas, such as Roxana Pana, managing associate; Dana Blaer, managing associate; Serban Paslaru, partner; Mihai Anghel, managing associate and Ramona Moisa (tax manager). Tuca Zbarcea & Asociatii was involved particularly in the due diligence process concerning the local companies subject to acquisition and also in assessing other specific legal or tax matters. "It has been a privilege to advise AmerisourceBergen and to work with the excellent team of Hogan Lovells on this large-scale cross-border transaction, which will also have a significant impact on the pharmaceutical distribution and logistics services market in Romania. We are ready to continue to provide all the necessary support so that the transaction would be completed in the best conditions", said Dominic Morega, managing associate at Tuca Zbarcea & Asociatii. The transaction, valued at USD 6.47 billion, is subject to certain conditions precedent (including the approvals of regulatory and competition authorities in Europe and the U.S.). Once completed, it will make AmerisourceBergen a global leader in pharmaceutical distribution and services in Europe, North America and other areas of the world.
January 18, 2021
Țuca Zbârcea & Asociații law firm advising giant AmerisourceBergen Corporation on the local loop of its USD 6.47 billion acquisition of Alliance Healthcare distribution business from Walgreens Boots Alliance (WBA)
On 6 January 2021, AmerisourceBergen Corporation (NYSE: ABC) and Walgreens Boots Alliance signed the transaction whereby the U.S. corporate giant acquired Alliance Healthcare - WBA's wholesale pharmaceutical distribution business in Europe, including Romania, together with other specified services, as well as retail pharmacy operations in several European countries. Within the local component of the transaction, AmerisourceBergen benefited from the legal assistance services provided by Țuca Zbârcea & Asociații. [+]

On 6 January 2021, AmerisourceBergen Corporation (NYSE: ABC) and Walgreens Boots Alliance signed the transaction whereby the U.S. corporate giant acquired Alliance Healthcare - WBA's wholesale pharmaceutical distribution business in Europe, including Romania, together with other specified services, as well as retail pharmacy operations in several European countries.

Within the local component of the transaction, AmerisourceBergen benefited from the legal assistance services provided by Țuca Zbârcea & Asociații. The Romanian firm acted as part of an international consortium led by Hogan Lovells. The team was led by partner Ciprian Dragomir and managing associate Dominic Morega, and included lawyers and experts with extensive experience in various areas, such as Roxana Pană, managing associate; Dana Blaer, managing associate; Șerban Pâslaru, partner; Mihai Anghel, managing associate and Ramona Moisa (tax manager). Țuca Zbârcea & Asociații was involved particularly in the due diligence process concerning the local companies subject to acquisition and also in assessing other specific legal or tax matters.

"It has been a privilege to advise AmerisourceBergen and to work with the excellent team of Hogan Lovells on this large-scale cross-border transaction, which will also have a significant impact on the pharmaceutical distribution and logistics services market in Romania. We are ready to continue to provide all the necessary support so that the transaction would be completed in the best conditions", said Dominic Morega, managing associate at Țuca Zbârcea & Asociații.

The transaction, valued at USD 6.47 billion, is subject to certain conditions precedent (including the approvals of regulatory and competition authorities in Europe and the U.S.). Once completed, it will make AmerisourceBergen a global leader in pharmaceutical distribution and services in Europe, North America and other areas of the world.

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Tuca Zbarcea & Asociatii advises ENGIE Romania on purchasing a photovoltaic park with an installed capacity of 9.3 MW ENGIE Romania has completed the acquisition of a photovoltaic park, consisting of two farms, with a total installed capacity of 9.3 MW. The Romanian arm of French electric utility company Engie retained Tuca Zbarcea & Asociatii for legal assistance in relation to this transaction with a team of lawyers led by Partner Irina Moinescu. ENGIE Romania has completed the acquisition of a photovoltaic park, consisting of two farms, with a total installed capacity of 9.3 MW. Prior to the completion of the deal, the park was part of Ever Solar SA, a subsidiary owned by the German photovoltaic park developer, Soventix, and developer Alpin Solar. The photovoltaic farms are located in the village of Cristuru Secuiesc in Harghita County. They were put into operation in 2015 and have so far produced about 55 GWh, the equivalent of annual electricity consumption of about 34,000 households. ENGIE Romania retained Tuca Zbarcea & Asociatii for legal assistance in relation to this transaction. The team was led by Partner Irina Moinescu (Energy) and consisted of lawyers with various backgrounds, including Raluca Misu, Managing Associate (Real Estate), Andreea Oprisan, Managing Associate (Competition/Antitrust), Irina Raileanu, Managing Associate (Dispute Resolution), Iuliana Leon, Managing Associate (EPC), Roxana Pana, Managing Associate (Environmental Law), Marius Barladeanu, Managing Associate (Corporate/Commercial and Energy). The acquisition is in line with ENGIE Romania's strategy focused on the development of renewable energies that have a key role in the energy transition. Further information on this deal is available here: https://www.engie.ro/engie-romania-a-achizitionat-un-parc-fotovoltaic-cu-o-capacitate-de-93-mw/
January 13, 2021
Țuca Zbârcea & Asociații advises ENGIE Romania on purchasing a photovoltaic park with an installed capacity of 9.3 MW
ENGIE Romania has completed the acquisition of a photovoltaic park, consisting of two farms, with a total installed capacity of 9.3 MW. The Romanian arm of French electric utility company Engie retained Țuca Zbârcea & Asociații for legal assistance in relation to this transaction with a team of lawyers led by Partner Irina Moinescu. [+]

ENGIE Romania has completed the acquisition of a photovoltaic park, consisting of two farms, with a total installed capacity of 9.3 MW. Prior to the completion of the deal, the park was part of Ever Solar SA, a subsidiary owned by the German photovoltaic park developer, Soventix, and developer Alpin Solar.

The photovoltaic farms are located in the village of Cristuru Secuiesc in Harghita County. They were put into operation in 2015 and have so far produced about 55 GWh, the equivalent of annual electricity consumption of about 34,000 households.

ENGIE Romania retained Țuca Zbârcea & Asociații for legal assistance in relation to this transaction. The team was led by Partner Irina Moinescu (Energy) and consisted of lawyers with various backgrounds, including Raluca Mișu, Managing Associate (Real Estate), Andreea Oprișan, Managing Associate (Competition/Antitrust), Irina Răileanu, Managing Associate (Dispute Resolution), Iuliana Leon, Managing Associate (EPC), Roxana Pană, Managing Associate (Environmental Law), Marius Bârlădeanu, Managing Associate (Corporate/Commercial and Energy).

The acquisition is in line with ENGIE Romania's strategy focused on the development of renewable energies that have a key role in the energy transition.

Further information on this deal is available here: https://www.engie.ro/engie-romania-a-achizitionat-un-parc-fotovoltaic-cu-o-capacitate-de-93-mw/

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