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Dispute Resolution

Romania

CMS has a leading and experienced Dispute Resolution Team across CEE. Lawyers across 15 offices in the region collaborate closely on advising high-profile multinational and regional clients on a wide variety of disputes from simple claims to complex, high-value litigation cases.

We can represent you in civil and commercial disputes and have particular expertise in infrastructure disputes, international arbitration and white-collar crime. The Dispute Resolution Team includes sector experts who can offer specific industry insight, for instance in insurance claims, construction litigation or disputes with regulators in the energy, telecommunications or financial services sectors.

The CMS Romania team has a long track record of achieving successful outcomes for our clients across the full range of major business disputes, with a particular focus on high-value, complex disputes. We are particularly recognised for our expertise in international arbitration, including investment treaty protection.

Unlike most major law firms, you won’t find a traditional litigation department at CMS. What you will find is a team of nearly 600 experts who share a refreshing approach to disputes resolution. Our sector-focused lawyers are not just litigators and arbitration specialists, but business-minded problem solvers.

We routinely act in all business areas before courts, arbitral tribunals and regulatory authorities. Whether you are faced with employee, corporate, intellectual property, competition or product liability disputes, we can support you in any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

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14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
19/03/2018
Costs and Dur­a­tion: A Com­par­is­on of the HKI­AC, LCIA, SCC and SI­AC...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion As cross-bor­der con­tracts in­volving multi-jur­is­dic­tion­al parties be­come the norm, more play­ers have entered the arena to of­fer leg­al.
09/03/2018
CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
23/01/2018
Singa­pore passes bill for Singa­pore In­ter­na­tion­al Com­mer­cial Court...
This art­icle is pro­duced by CMS Hol­born Asia, a form­al law al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion On 9 Janu­ary 2018, Par­lia­ment passed the Su­preme Court of Ju­dicature (Amend­ment) Bill 2017 (the “Amend­ment”) giv­ing the Singa­pore In­ter­na­tion­al.
15/01/2018
Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.
12/01/2018
To­wards re­du­cing the com­plex­ity, cost and time of ar­bit­ral pro­ceed­ings: SI­AC’s...
This art­icle is pro­duced by CMS Hol­born Asia, a form­al law al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion On 19 Decem­ber 2017, the Singa­pore In­ter­na­tion­al Ar­bit­ra­tion Centre (“SI­AC”) an­nounced its pro­pos­al on cross-in­sti­tu­tion co-op­er­a­tion.
11/01/2018
Bare­con 2017 - Ringing in the Changes
BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
19/12/2017
Oil & Gas Ship­ping: a Venezuelan de­ten­tion
In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
14/12/2017
Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
27/11/2017
Car­tel Dam­ages Claims - Claims Arising Out of Con­tracts?
Re­gion­al Court of Dortmund, Judg­ment of 13 Septem­ber 2017 – 8 O 30/16 (Kart) On 13 Septem­ber 2017, the Re­gion­al Court of Dortmund (“LG Dortmund”) passed a judg­ment on wheth­er car­tel dam­ages claims fall with­in the scope of an ar­bit­ra­tion clause con­tained in.
22/11/2016
Dis­pute res­ol­u­tion in the con­struc­tion in­dustry: a new pro­ced­ure has...
Dis­putes of­ten arise dur­ing con­struc­tion pro­jects. In these cases the cli­ent and the con­struct­or face a unique chal­lenge: how to settle the dis­pute without delay­ing the pro­ject and without adding ex­tra costs? For such dis­putes the Ar­bit­ra­tion Board for the.