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Nestor Nestor Diculescu Kingston Petersen 

May, 2018 - Bucharest, Romania

 

 

NNDKP successful in an emergency arbitrator proceeding before The Chamber of Commerce and Industry of Romania

 

In this proceeding, the plaintiff - a company active in the field of production of alternative energy sources - asked the Emergency Arbitrator to grant provisional measures consisting in the suspension of the plaintiff's payment obligations arising out of a leasing agreement.

NNDKP represented the leasing company, which was the defendant in this case, and obtained the dismissal in full of the request for provisional measures.

Daniela Ghervas, Senior Associate in the Dispute Resolution department, provided legal assistance in this case, the case strategy being coordinated by Sorina Olaru, Partner.

"The Emergency Arbitrator procedure is a completely new procedure in Romanian arbitration, which was introduced for the first time under the Procedural Arbitration Rules of CCIR, which came into effect on January 18, 2018. However, there have already been several cases filed with the CCIR with respect to this procedure, which demonstrated that while procedure is a long expected necessity, the application of the rules regarding the procedure of the Emergency Arbitrator may raise debates deriving from arbitrability, the application of the rules in time, jurisdiction, constitution of the arbitral tribunal, admissibility, etc. In this context, NNDKP's involvement in the first proceedings of this kind and the success obtained can only give us great satisfaction", stated Sorina Olaru, Partner, arbitrator and member of the Management Board of the International Commercial Court of Arbitration of the CCIR.

"Preparing the defense in this case was a challenge, given, on the one hand, the novelty of the institution and, on the other hand, the complexity of the issues, as the case involved contractual relations carried out over a period of approximately 5 years and a multitude of legal and economic problems related to the activity of leasing. This was compounded by the time constraints imposed by the urgency of the proceeding, which, according to the Rules, must be resolved within 10 days from the date when the complaint was filed. Thus, aside from the satisfaction brought by the result we obtained, we are happy to have had the opportunity to explore an area that is still unknown in Romanian arbitration" added Daniela Ghervas, Senior Associate.


 

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