NNDKP successfully assisted and represented one of the largest Italian entrepreneurs operating in Romania in infrastructure projects against the company that manages the national railway network.
The litigation had a final settlement of over 5 years and concerned the claims of the contractor, made against the Contracting Authority in connection with the execution of the rehabilitation project of the Pan European Corridor IV, Vințu de Jos – Coșlariu section.
Such claims consisted both in the additional costs caused by the extension of the execution period and unrealized profit, and in the costs for additional works from the execution of an administrative contract regulated by a Red FIDIC 1999 rules.
After a double degree of jurisdiction and the rejection of the extraordinary remedies, the NNDKP lawyers have obtained the voluntary execution by the company of the court decisions to pay the sum of 150 million lei.
The NNDKP team that represented the contractor in this litigation included Valeriu Mina, Partner in the Dispute Resolution department and Alexandra Măruțoiu, Senior Associate in the same practice area. The team has successfully managed over the past 8 years an extremely diverse range of court and arbitration disputes related to contracts regulated by FIDIC rules.
The successful completion of the litigation was also possible thanks to the contribution of the team of lawyers coordinated by Partner Adina Chilim-Dumitriu, Co-head of NNDKP’s Public Procurement and PPP practice and Partner Răzvan Vlad, from the same practice, who assisted the client during the implementation phase of the contract signed with the railway company , particularly during the formulation of the claims phase.
Valeriu Mina: “The value of claims in arbitration litigation related to large infrastructure projects involving some of the most important companies active in this field in Romania, represented by NNDKP, is of over 500 million lei. The project concerning the rehabilitation of this railway section is of major importance for the development of this sector in Romania and we are happy for yet another success in this type of disputes.”
NNDKP’s Litigation Practice coordinated by Ana Diculescu-Șova is independently recognized as a force in the area of dispute resolution, being constantly top-ranked by reputed international guides such as Chambers and Partners (the European edition) since 2007, and Legal 500 guide since 2002. With 9 Partners coordinating a team of over 50 litigators active in Bucharest and in the regional offices of the firm, NNDKP has the necessary resources to handle complex cases, which include several parties or extend over many years, and can offer effective strategies in order to mitigate potential future risks.
Nestor Nestor Diculescu Kingston Petersen (NNDKP) is a pioneer of business law in Romania.
For over 30 years, NNDKP‘s team has contributed to myriads of projects in Romania, helping corporations, financial institutions, private equity funds and entrepreneurs move forward with their business initiatives. A 4-time winner of the “Law Firm of the Year in Romania” award by Chambers Europe, our team of lawyers & tax & IP counsellors offers integrated legal and tax advice across virtually all industry sectors, including in innovative and niche ones. NNDKP has established along the years strong connections with leading global law firms and also represents Romania in prestigious international professional networks – Lex Mundi, World Services Group, IAC – and is a founding member of SEE Legal.