Complex commercial litigation—Romania—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Complex commercial litigation—Romania—Q&A guide
  • 1. How common is commercial litigation as a method of resolving high-value, complex disputes?
  • 2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?
  • 3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?
  • 4. What key issues should a party consider before bringing a claim?
  • 5. How is jurisdiction established?
  • 6. Res judicata: is preclusion applicable, and if so how?
  • 7. In what circumstances will the courts apply foreign laws to determine issues being litigated before them?
  • 8. What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?
  • 9. When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?
  • More...

Complex commercial litigation—Romania—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to complex commercial litigation in Romania published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: MPR Partners—Ioana Ivașcu; Gelu Maravela; Anca Băițan ; Grigore Haș

1. How common is commercial litigation as a method of resolving high-value, complex disputes?

Commercial litigation is the most common method for resolving high-value, complex disputes in Romania.

Other means, such as commercial arbitration and mediation, are also used. Unfortunately, the mediation procedure, is rather seen as a loss of precious time before receivables can be recovered.

Arbitration, on the other hand, is used more commonly as a viable alternative to commercial litigation because it tends to shorten the amount of time before a dispute is decided. International Federation of Consulting Engineers contracts and other public acquisition contracts in the construction field are often subject to arbitration.

2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?

Commercial litigation is commonly used to recover debts and terminate or amend agreements between parties. A prior attempt at amiable resolution is not imposed by law, and most parties submit claims after failed discussions, without seeking alternate dispute resolution beforehand.

The majority of disputes are regional. A

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