Arbitration must not be mistaken for litigation. Arbitration is an alternative to solving a dispute outside the courts
Arbitration is the private justice arising from the will of parties that come from different jurisdictions or systems of law, but yet capable to conclude arbitration agreements in order to find that intersection between them, that necessary common ground, in order to reach an acceptable resolution in case of a dispute, observing in the same time the public order as provided by different national laws.
Arbitration is founded on the consent of the parties which recognize a tribunal or an arbitrator as being capable to solve a dispute and after the resolution is made, that the decision will be respected or if not, will be enforced.
We are focused on arbitration disputes related to the construction area, capable of undertaking a case from the initial claim phase, in front of the Dispute Adjudication Board (in FIDIC cases), all throughout the negotiation phase, as well as representing our clients in arbitration cases in front of Arbitral Tribunals from Bucharest, Paris or Vienna.
We are currently involved in several multi-million arbitration disputes between contractors and designers, situations which require complex knowledge of both fields: construction and arbitration.
We are successfully fighting for our clients’ rights in disputes against the Romanian National Company of Motorways and National Roads (Compania Nationala de autostrazi si Drumuri Nationale din Romania – CNADNR) being involved in Public Procurement cases before National Council for Solving Complaints and Arbitration cases.
We advise our clients to grant a special diligence or caution when it comes to agreeing upon or signing an arbitration agreement/clause.
Our behest comes from the fact that the arbitration agreement/clause is usually last on the parties’ list of key issues, last on the table of negotiations, generating important problems when the parties disagree and disputes arise.