Litigation & Dispute Resolution Romania | English-Speaking Lawyers for Foreign Companies | Mihai Attorneys
Litigation & Dispute Resolution — Bucharest

When your business is under threat in Romania, the quality of your defence defines the outcome.

We represent international companies, foreign investors, and directors in commercial disputes, employment litigation, tax controversies, and arbitration before Romanian courts. English‑speaking. Senior‑partner led.

✓ 12-hour response time ✓ 100% English communication ✓ Senior-partner access from day one
THE STAKES

Numbers that define Romanian litigation for foreign companies.

Understanding these figures is the first step to mounting an effective defence.

25 days
To file your statement of defence — miss it and you lose the right to propose evidence and raise procedural objections
Ex parte
Freezing injunctions can be granted without notifying you — your bank accounts can be frozen before you know a case exists
12–18 mo
Typical duration of first-instance commercial proceedings — with appeals extending to 2–3.5 years
No travel
Required — your lawyer represents you through an împuternicire avocațială. No notarisation or apostille needed
THE REALITY

What international companies face when litigation begins in Romania.

You receive a court summons — in Romanian. Your 25-day deadline to file a statement of defence has already started. The opposing party may have applied for a freezing injunction over your bank accounts without notifying you. Your local accountant cannot help. Your international counsel has never appeared before a Romanian tribunal.

Romanian civil procedure is document-intensive, deadline-driven, and unforgiving. There is no US-style discovery. There is no common-law tradition of oral advocacy. The written phase determines the shape of the case before the first hearing takes place. If your statement of defence is incomplete, the evidence you failed to propose is lost permanently.

This is the environment in which we operate every day. We translate it into clear strategic advice — in English, within hours — so that you can make informed decisions about your business, not just react to procedural deadlines.

Already been served?

If you have received a court summons or any official document in Romanian that you cannot fully understand, treat it as urgent. Our complete step-by-step guide covers deadlines, costs, court structure, and your exact next steps: Sued in Romania — The 72-Hour Guide →

WHAT WE HANDLE

Litigation and dispute resolution across every area that affects international businesses in Romania.

Each practice area is led by experienced trial lawyers who combine courtroom capability with commercial judgement.

Commercial Litigation & Contract Disputes

Breach of contract, supplier disputes, joint venture conflicts, fraud, misrepresentation, and enforcement actions. When a commercial relationship fails, we move quickly to protect your position and recover what is owed.

Employment Litigation

Romanian labour courts interpret the law in favour of employees. We defend international employers in wrongful dismissal claims, discrimination cases, collective redundancy challenges, and executive contract disputes. We have shaped precedent in this area.

Employment Law Practice →

Shareholder & Corporate Disputes

Deadlocks, oppression, breach of fiduciary duty, valuation disputes, and forced buy-outs. We represent both majority and minority shareholders when governance breaks down.

Corporate Law Practice →

Intellectual Property Litigation

Trademark, patent, and copyright infringement. Trade secret misappropriation. Unfair competition. Preliminary injunctions to stop infringing activity immediately. Domain name recovery.

IP Practice →

Tax Litigation & ANAF Disputes

Transfer pricing adjustments, VAT assessments, corporate income tax controversies, withholding tax disputes, penalties, and administrative appeals. We challenge ANAF decisions that lack legal basis before Romanian fiscal courts.

International Arbitration & ADR

ICC, LCIA, Vienna, CICA (Bucharest). We act as counsel in institutional arbitration and enforce arbitral awards in Romania. When court litigation is not the best path, we pursue mediation, negotiation, and settlement with the same strategic rigour.

Real Estate & Construction Disputes

Property ownership conflicts, easement disputes, construction defects, contractor claims, and lease termination litigation. We protect the interests of foreign investors in Romanian real estate assets.

Real Estate Practice →

Debt Recovery & Enforcement

Payment orders, garnishment proceedings, asset tracing, and enforcement of domestic and foreign judgments. When negotiation fails, we pursue recovery through every available legal channel.

Administrative Litigation

Challenges to decisions by Romanian governmental agencies, regulatory bodies, and local authorities. Annulment of administrative acts, claims for damages caused by public institutions, and public procurement disputes.

OUR APPROACH

Litigation as a business decision — not a legal reflex.

Before recommending court proceedings, we conduct a structured cost-benefit assessment. We quantify your exposure, map out the realistic timeline, estimate total costs, and evaluate every alternative — negotiated settlement, mediation, arbitration.

01

Case Assessment & Strategy

Within 72 hours of engagement, you receive a written assessment covering: claim merit, financial exposure, estimated costs, realistic timeline, and recommended strategy. We present your options clearly — defend, settle, counterclaim, or pursue ADR.

02

Preparation & Filing

Romanian procedure is won in the written phase. We prepare comprehensive submissions — statement of defence, counterclaim where applicable, evidence requests, and jurisdictional objections. Every document is exhaustive because anything omitted at this stage is lost permanently.

03

Trial & Advocacy

We appear before Romanian courts at every hearing. We manage witness examination, cross-examine opposing witnesses, challenge expert reports, and argue procedural motions. After every hearing, you receive a written update in English with next steps and revised risk assessment.

04

Settlement Evaluation — At Every Stage

We explore settlement opportunities continuously. The optimal moment to settle is often after the evidentiary phase, when both sides have seen the strength of the other's position. We negotiate from a position of preparation, never from a position of weakness.

05

Appeals & Enforcement

If the first-instance judgment is unfavourable, we advise on appeal strategy with the same rigour. If you prevail, we handle enforcement — garnishment, asset seizure, and execution through Romanian bailiffs. For cross-border enforcement, we coordinate with counsel in the relevant jurisdiction.

FOR INTERNATIONAL CLIENTS

You do not need to be in Romania to defend a case in Romania.

Your Romanian lawyer represents you through an împuternicire avocațială — a lawyer's power of representation issued under the legal assistance contract. No notarisation. No apostille. No consulate visit. You sign the contract electronically or by scanned copy, and we can appear in court the same day.

All communication takes place in English. We translate procedural requirements into plain language, handle all filings in Romanian, and provide written case updates after every hearing. You receive the same quality of representation as if you were sitting in our Bucharest office.

This is the same process we use across our entire practice — from company incorporation and corporate secretarial services to share transfers and Trade Register operations.

FREQUENTLY ASKED QUESTIONS

Litigation in Romania — answered.

You have 25 days from the date of service to file your statement of defence (întâmpinare). Missing this deadline means you lose the right to propose evidence, raise procedural objections, and invoke certain defences including the statute of limitations. Read our complete 72-hour litigation guide for detailed next steps.
Attorney fees for commercial litigation typically range from €3,000 to €15,000 depending on complexity and claim value. Court stamp fees follow OUG 80/2013 and scale with the amount in dispute — for a €100,000 claim, the stamp fee is approximately €1,200–€1,500. Expert fees range from €500 to €3,000. We provide a detailed cost estimate within the first 72 hours of engagement.
Yes. Romanian law allows sechestru asigurător (freezing injunction) which can be granted ex parte — without notifying you first. The claimant posts a bail (cauțiune) of up to 20% of the claim value. You can challenge the injunction after it is issued, but the initial freeze can happen before you even know about it. If you suspect a freeze may be imminent, contact us immediately.
No. Your Romanian lawyer represents you through an împuternicire avocațială (lawyer's power of representation) issued under the legal assistance contract. No notarisation, apostille, or consulate visit is required. You sign the contract electronically or by scanned copy, and we can appear in court the same day.
First instance proceedings typically take 12 to 18 months. An appeal adds 6 to 12 months. A further recurs (second appeal on points of law) adds another 6 to 12 months. Total duration if all remedies are exhausted: 2 to 3.5 years. Settlement can occur at any stage and often does after the evidentiary phase.
Yes. A counterclaim (cerere reconvențională) must be filed by the deadline for the statement of defence — that is, within the same 25-day window. It is heard together with the main claim. If you miss the deadline, you can still file a separate action, but you lose the procedural efficiency of a joint hearing.
EU judgments benefit from near-automatic recognition under the Brussels I bis Regulation (Regulation 1215/2012). Non-EU judgments require a recognition and enforcement proceeding (exequatur) under Articles 1095–1109 of the Romanian Code of Civil Procedure. The limitation period for enforcement of real-property judgments is 10 years.
Missing the deadline does not mean the case is lost — but your procedural options are significantly reduced. You lose the right to propose new evidence and raise certain objections. However, an experienced litigation lawyer can still evaluate remaining strategies: challenging the claim on its merits, requesting reinstatement in certain circumstances, or focusing on appeal-stage remedies. The sooner you engage counsel, the more options remain available. Contact us for an urgent assessment.
Yes. All court proceedings, filings, and evidence must be in Romanian. Foreign-language documents require certified translation. Your lawyer handles this entirely — you communicate with us in English, and we translate all procedural requirements into your language and all your documents into Romanian.
Jurisdiction depends on the claim value and subject matter. Commercial disputes above RON 200,000 (approximately €40,000) go to the Tribunal. Below that threshold, the Judecătorie has jurisdiction. Employment disputes are heard by the Tribunal regardless of value. The competent court is usually determined by the defendant's registered office. Use our free Court Records Search tool to verify your case details.

Facing a legal dispute in Romania?

Contact our litigation team for a confidential case assessment. We respond to all inquiries within 12 hours.

Or email us directly at alin.mihai@mihaiattorneys.com