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Litigation, International Arbitration, Foreclosures

Mocanu si Asociatii team is well versed in dispute resolution, including in national and international arbitration procedures. Our seasoned litigation team represented clients in disputes related to commercial, civil, employment, administrative and tax matters, at all levels of the judicial system. We have also acted before local or international (ICC, ICSID) courts of arbitration either for the Romanian State/institutions or for corporates in a broad range of complex cases.

Our litigators are resourceful, creative and skilled, being acknowledged for providing effective strategy solutions and for dealing with incidental matters on practical basis. We aim at achieving the results that best fit the circumstances of each case and the clients’ needs. Our expertise covers the following:

? Legal advice regarding the strategies for approaching the disputes, assessments of opportunities/risks and costs, assistance in making decisions to go to trial, choosing courses of action

? Mediation, negotiation and assistance services for signing transaction contracts

? Legal assistance in the pre-litigious stage, assessment of evidence, legal assistance in procedures of evidence production, production of extrajudicial surveys

? Legal assistance and representation before any court of law in Romania or local/international arbitration body in all areas of law

? Legal assistance and representation in the production of extrajudicial surveys and other evidence

? Legal advice regarding debt recovery methods (i.e. debt analysis, assessment of chances for recovery, defining the recovery strategy, assessment of the recovery costs), legal advice in the negotiation of the transaction documents pertaining to the debt recovery procedures, and representation in direct conciliation procedures

? Performing the recovery procedures for a large volume of debts, judicially and/or amicably, including by novation, subrogation, debt assignments, giving in payment, compensations

? Legal assistance and representation in all foreclosure procedures, legal assistance in choosing bailiffs, representation for taking all due formalities before bailiff offices, negotiation of fees, assessment of foreclosure related costs and duration, participation with the bailiff in the real or personal forced execution procedures, assistance in removing procedural irregularities which may occur during the foreclosure procedure

? Legal assistance and representation in challenges to execution, garnishment validation and in any legal action related to foreclosures

? Legal assistance and representation in the insolvency proceedings, both for creditors and debtors, drafting the necessary documents, initiating the procedure of liability assignment for the company insolvency, client representation in the assembly or committee of creditors, submission of legal opinions, as well as preparing optimum strategies for debt recovery within this procedure

? Legal assistance in dissolution/voluntary liquidation procedures, contract analysis, notification of creditors, filing legal actions for debt recovery, analysis of mortgages and pledges on the company assets, conclusion of asset sale-purchase agreements.

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DEALS

Advising and representing an important Romanian constructions company in an arbitration proceeding before the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania in connection with claims brought against the client

Advising and representing the administrator of the electricity and natural gas market in Romania in an arbitration proceeding before the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania in connection with claims brought against the client

Advising and representing one of the most prominent Italian constructions company in an arbitration proceeding before the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania

Advising and representing one of the largest French companies activating in the field of design and construction of water treatment plants in an arbitration proceeding before the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in a procedure submitted with the Dispute Resolution Board in connection with the confirmation of the validity and lawfulness of Engineer’s Determination according to FIDIC terms, amounting over EUR 24mn, and the Determination, amounting over EUR 3mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, involving claims in excess of EUR 2mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, involving claims in excess of EUR 5mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, involving claims in excess of EUR 20mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, involving claims in excess of EUR 6mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania, involving claims in excess of EUR 18mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in a procedure submitted with the Dispute Resolution Board and involving claims of approximately RON 68mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in a procedure submitted with the Dispute Resolution Board

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in a litigation before the Supreme Court of Hungary and concerning the recovery of receivables in excess of EUR 3mn

Advising and representing a strategic company functioning under the authority of the Ministry of Transports in an arbitration proceeding before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, involving claims in excess of EUR 2mn

Advising and representing one of the most important banks in Romania, member of the largest Italian financial group, in connection with the analysis of the real estate pledged by the clients in favor of the bank (both retail clients, including bank’s employees, and corporate clients), providing legal endorsement for the securities agreements entered into by bank as lender, handling the bank’s relationships with the notary public offices being involved in the execution of the securities agreements, as well as overseeing of the accuracy of the registrations made in the land book

Advising and representing the Romanian subsidiary of an important Greek health care services supplier in connection with its day-to-day activities, including representation before any court or arbitration body, representation in the relationships with public authorities, legal advice for drafting commercial agreements (i.e. service agreements with clients and suppliers; partnership agreements pertaining for various projects), advisory and representation in connection with media activities such as right of reply

Advising an important Romanian company operating in the coal mining and energy production in connection with the unbundling of mining related activities and assets from energy related activities and assets thorough a de-merger

Advising and representing the largest German engineering and services group in connection with its participation in a tender for the award of works agreements aimed at closing improper landfills, an investment project co-financed from EU funds and amounting over RON 25mn

Advising and representing one of the largest Romanian state-owned company operating in the energy field, before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, in arbitration proceedings deriving from the breach by the purchaser of its undertakings in the privatization agreement and involving claims in excess of EUR 30mn

Advising and representing one of the largest Romanian state-owned company operating in the energy field, before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, in arbitration proceedings deriving from the breach by the purchaser of its undertakings in the privatization agreement and involving claims in excess of EUR 800mn

Advising and representing a local distributor of pharmaceutical products before the Bucharest Court of Appeal and the High Court of Cassation and Justice in a litigation regarding the annulment of a decision issued by the Competition Council

Advising and representing a local provider of health care services in connection with its day-to-day activities, including in connection with the regulations applicable in the health care sector

Advising and representing the largest Romanian cigarettes manufacturer in litigations regarding the state aid granted on the occasion of privatization and involving claims of over RON 1bn

Advising the largest Romanian producer of thermal energy in connection with its restructuring and reorganization through a spin-off, out of which two new companies have been incorporated, including advisory on all competition matters pertaining to the spin-off and representation before any court of law in disputes arising from the spin-off

Advising and representing a local authority in challenging by administrative proceedings the notes finding irregularities and determining financial corrections of over RON 4mn in connection with certain infrastructure investment projects co-financed from EU funds

Advising and representing a regional water supplier in challenging in the court the notes finding irregularities and determining financial corrections in connection with an infrastructure investment projects amounting over EUR 15mn and being co-financed from EU funds

Advising and representing an important Romanian producer of fluid pipelines and related technological facilities before the Bucharest Court of Appeal and the High Court of Cassation and Justice in a litigation regarding the annulment of a decision issued by the Competition Council

Advising and representing the company managing the railway infrastructure in Romania before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, in arbitration proceedings derived from an infrastructure investment project co-financed from EU funds and falling within the scope of FIDIC rules, involving claims in excess of EUR 5mn

Advising and representing the company operating on Romania’s territory the franchise of an important international Multi-Level Marketing-based distributor of cosmetics and household products before the courts of law, in connection with an allegation of trade marks infringement

Advising and representing the Romanian State before the International Court of Arbitration by the International Chamber of Commerce – ICC Paris, in arbitration proceedings derived from an infrastructure and environmental investment project co-financed from EU funds and falling within the scope of FIDIC rules

Advising the Romanian subsidiary of one of the worldwide leading groups operating in the field of industrial gases, engineering and pharmaceutical and medical gas solutions, in connection with its acquisition of 100% shareholding in the largest distributor of respiratory medical devices in Romania, including legal advice in the post-acquisition phase; advising and representing the client in connection with its day-to-day activities

Advising a leading private rail freight transport company in connection with its participation in the privatization process of the largest Romanian rail freight carrier, including by conducting the legal due diligence investigation, providing legal advice throughout the negotiation and signing of the transaction documents, and drafting the documentation pertaining to the notification of the contemplated transaction to the Competition Council

Advising and representing one of the largest Romanian importer and distributor of medicines in litigations deriving from the insolvency of certain of its clients, including representation of the client in the creditors meeting, assistance in drafting procedural deeds, assistance in challenging the valuation report and the resolution of the creditors meeting

Advising and representing a major Romanian producer in the chemical industry in Central and Eastern Europe, in connection with its day-to-day activities, including in connection with complex transactions and matters such as: the acquisition of certain assets from the most prominent oil and gas integrated company in South East Europe in an asset deal amounting to EUR 13mn; obtaining state aid clearance from the European Commission; disputes with minority shareholders

Advising and representing the largest producer and supplier of natural gas in Romania in a patent related dispute

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