-
1.
Frequency of use
How common is commercial litigation as a method of resolving high-value, complex disputes?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
2.
Litigation market
Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
3.
Legal framework
What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
4.
Key issues to consider
What key issues should a party consider before bringing a claim?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
5.
Establishing jurisdiction
How is jurisdiction established?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
6.
Preclusion
Res judicata: is preclusion applicable, and if so how?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
7.
Applicability of foreign laws
In what circumstances will the courts apply foreign laws to determine issues being litigated before them?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
8.
Initial steps
What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
9.
Freezing assets
When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
10.
Pre-action conduct requirements
Are there requirements for pre-action conduct and what are the consequences of non-compliance?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
11.
Other interim relief
What other forms of interim relief can be sought?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
12.
Alternative dispute resolution
Does the court require or expect parties to engage in ADR at the pre-action stage or later in the case? What are the consequences of failing to engage in ADR at these stages?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
13.
Claims against natural persons versus corporations
Are there different considerations for claims against natural persons as opposed to corporations?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
14.
Class actions
Are any of the considerations different for class actions, multi-party or group litigations?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
15.
Third-party funding
What restrictions are there on third parties funding the costs of the litigation or agreeing to pay adverse costs?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
16.
Contingency fee arrangements
Can lawyers act on a contingency fee basis? What options are available? What issues should be considered before entering into an arrangement of this nature?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
17.
Launching claims
How are claims launched? How are the written pleadings structured, and how long do they tend to be? What documents need to be appended to the pleading?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
18.
Serving claims on foreign parties
How are claims served on foreign parties?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
19.
Key causes of action
What are the key causes of action that typically arise in commercial litigation?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
20.
Claim amendments
Under what circumstances can amendments to claims be made?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
21.
Remedies
What remedies are available to a claimant in your jurisdiction?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
22.
Recoverable damages
What damages are recoverable? Are there any particular rules on damages that might make this jurisdiction more favourable than others?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
23.
Early steps available
What steps are open to a defendant in the early part of a case?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
24.
Defence structure
How are defences structured, and must they be served within any time limits? What documents need to be appended to the defence?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
25.
Changing defence
Under what circumstances may a defendant change a defence at a later stage in the proceedings?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
26.
Sharing liability
How can a defendant establish the passing on or sharing of liability?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
27.
Avoiding trial
How can a defendant avoid trial?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
28.
Case of no defence
What happens in the case of a no-show or if no defence is offered?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
29.
Claiming security
Can a defendant claim security for costs? If so, what form of security can be provided?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
30.
Typical procedural steps
What is the typical sequence of procedural steps in commercial litigation in this country?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
31.
Bringing in additional parties
Can additional parties be brought into a case after commencement?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
32.
Consolidating proceedings
Can proceedings be consolidated or split?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
33.
Court decision making
How does a court decide if the claims or allegations are proven? What are the elements required to find in favour, and what is the burden of proof?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
34.
How does a court decide what judgments, remedies and orders it will issue?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
35.
Evidence
How is witness, documentary and expert evidence dealt with?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
36.
How does the court deal with large volumes of commercial or technical evidence?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
37.
Can a witness in your jurisdiction be compelled to give evidence in or to a foreign court? And can a court in your jurisdiction compel a foreign witness to give evidence?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
38.
How is witness and documentary evidence tested up to and during trial? Is cross-examination permitted?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
39.
Time frame
How long do the proceedings typically last, and in what circumstances can they be expedited?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
40.
Gaining an advantage
What other steps can a party take during proceedings to achieve tactical advantage in a case?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
41.
Impact of third-party funding
If third parties are able to fund the costs of the litigation and pay adverse costs, what impact can this have on the case?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
42.
Impact of technology
What impact is technology having on complex commercial litigation in your jurisdiction?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
43.
Parallel proceedings
How are parallel proceedings dealt with? What steps can a party take to gain a tactical advantage in these circumstances, and may a party bring private prosecutions?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
44.
Trial conduct
How is the trial conducted for common types of commercial litigation? How long does the trial typically last?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
45.
Use of juries
Are jury trials the norm, and can they be denied?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
46.
Confidentiality
How is confidentiality treated? Can all evidence be publicly accessed? How can sensitive commercial information be protected? Is public access granted to the courts?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
47.
Media interest
How is media interest dealt with? Is the media ever ordered not to report on certain information?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
48.
Proving claims
How are monetary claims valued and proved?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
49.
Costs
How does the court deal with costs? What is the typical structure and length of judgments in complex commercial cases, and are they publicly accessible?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
50.
Appeals
When can judgments be appealed? How many stages of appeal are there and how long do appeals tend to last?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
51.
Enforceability
How enforceable internationally are judgments from the courts in your jurisdiction?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
52.
How do the courts in your jurisdiction support the process of enforcing foreign judgments?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
53.
Interesting features
Are there any particularly interesting features or tactical advantages of litigating in this country not addressed in any of the previous questions?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
54.
Jurisdictional disadvantages
Are there any particular disadvantages of litigating in your jurisdiction, whether procedural or pragmatic?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
55.
Special considerations
Are there special considerations to be taken into account when defending a claim in your jurisdiction, that have not been addressed in the previous questions?To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
Updates and trends
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us.
or take a tour
Austria
British Virgin Islands
Cyprus
Denmark
England & Wales
Gibraltar
India
Ireland
Japan
Netherlands
Nigeria
Switzerland
Turkey
United Arab Emirates
United StatesFollow Getting the Deal Through for the latest updates on law and regulation worldwide
Follow us on LinkedInGTDT: Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world. Through engaging, easily comparable interviews, the series provides the legal profession's thought leaders with a platform for sharing their views on current market conditions and developments in the law.
Market Intelligence offers readers a highly accessible take on the crucial issues of the day and an opportunity to discover more about the people behind the most interesting cases and deals.
View profile
Founded in 2013 by leading lawyers as a full-service Romanian business law firm, MPR Partners | Maravela, Popescu & Roman (named, until 2019, Maravela|Asociații) has quickly grown to an impressive portfolio of both landmark work and major clients, including major international corporations, public authorities and sound international organisations.
View more information about MPR Partners Maravela, Popescu and Roman
Bucharest
6A Barbu Delavrancea StreetBuilding C, Ground Floor, 1st District
011355
Bucharest
Romania T: +40 213 101 717
F: +40 213 101 718
Testimonials
We have received instruction from foreign counsel recently who found us through the publication
The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with.
My experience with GTDT Online so far has been wonderful. It is so useful when dealing with multijurisdictional legal matters. Two thumbs up for such a great tool and my congratulations to all of you for making my life easier.
Such a database is a fantastic tool to get access to the "basics" of many legal areas, almost everywhere. I do believe that GTDT has a real future and, according to me, it's one of the best legal database I've ever had access to in these last 10 years.
Briefing Signup
Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.
Sign up to be notified of new content
SubscribeFollow Getting the Deal Through for the latest updates on law and regulation worldwide
Follow us on LinkedIn