Arbitration & Litigation

Pop & Asociatii's lawyers represents its clients in litigation cases, acts on their behalf in negotiations with business partners and before Romanian and international institutions.

Our lawyers are experienced in negotiating, arbitration and representing clients in court. Before the case is heard by the relevant court, we try to resolve the matter under dispute out of court through settlements and arbitration and have achieved positive results.

We also carry out on negotiations on our client's behalf aimed at achieving the desired result without court proceedings being initiated.

Our lawyers act above all before common courts, Supreme Courts and the Constitutional Court, also Romanian and International arbitration tribunals. We represent small and medium companies, corporations, state authorities and enterprises in both institutional and arbitration proceedings.

Overview of Litigation

Litigation are an unavoidable fact of commercial life in an increasingly regulated, high-speed, multi-national business environment.

Badly managed disputes can have a negative impact on valuable commercial relationships, can over-occupy management time and costs can be punitive. Litigation is not always the best way resolving a dispute. Our lawyers are skilled in all forms of dispute management including negotiation and arbitration.

We are respected as experienced commercial litigators. We set ourselves apart by finding creative and practical solutions and employ innovative techniques, including legal risk assessments and early case evaluation (providing an up-front cost/benefit analysis) to crack problems. This means, together, we can assess the strength of your case at the outset and then decide on the best way forward.

The firm has a strong commitment to key business sectors and we have litigators who have insider knowledge of the construction, financial services and privatization.

Major Contract Disputes

Companies are finding it increasingly difficult to differentiate themselves from their competitors, products can be copied easier and technology is transforming the way that businesses sell their products/services.

The contracting process has tough terms and even with the best commercial intentions and the most accurately drawn up agreements, contract disputes are an inevitable part of business life. If handled badly, they can result in a loss of customer/supplier goodwill, management time and money.

Our lawyers has developed a depth of expertise and skills across a broad spectrum of contract types, supported by insider knowledge of a range of industry sectors, public acquisition, debt recovery, banking, retail, agricultural, real estate, distribution and privatization.

We have the resources to deal efficiently and effectively with both large and small scale contracts disputes. Examples include disputes involving agency, distribution, reseller, outsourcing and partnering agreements; non-performance in accordance with specifications; non-delivery of goods or services; warranties; business sales and purchases; and product liability.

We achieve commercial solutions for our clients, whether through ordinary Court and arbitration proceedings or conciliation.

Shareholder & Partnership Disputes

Many of the most successful small and medium-sized businesses are founded on a strong relationship between two or more partners or shareholders. But if the relationship breaks down, the consequences can be devastating and it is rarely sensible for those involved to sort out the problem themselves. If not resolved quickly and decisively, company or partnership disputes can sap business resources and focus.

We have been helping people resolve company and partnership disputes for many years. We have a reputation for working with those involved to find practical solutions, which - as far as possible - meet the commercial and personal objectives of the parties, without damaging the underlying business.

For example, we can advise you on minority shareholder claims for unfair prejudice and on winding-up on just and equitable grounds. We are also experienced in managing shareholder, restraining disaffected former employees (including obtaining injunctions where appropriate to restrain breaches of confidentiality or other restrictive covenants) and general corporate issues.

It is inevitable that some disputes end up in Court, but we promote solutions such as negotiation so that costly litigation can be avoided, wherever possible. Clients value our shareholder dispute mediation service, which focuses on resolving disputes early, without going to Court.

Whatever technique we adopt, clients can rest assured that we will handle the dispute with sensitivity, based on a strong commercial understanding of the business and a clear analysis of the legal framework.