Commercial Law - Sarbu Partners

Main Contacts

Overview

On Romanian commercial law Sarbu Partners provides practical, well-rounded advice on both day-to-day operations and strategic decisions for doing business in Romania.

Services we provide

Commercial contract negotiation and drafting

· services, works, and goods procurement contracts;
· leasing, factoring, loans, and other banking and insurance agreements;
· mortgage and pledge agreements;
· legal structures for partnerships and drafting association or joint ventures contracts;
· lease, transport, storage, and distribution contracts.

Contract management and performance

· legal correspondence during the performance of the contract;
· establishment, extension, and enforcement of contractual guarantees, including letters of bank guarantee, promissory notes;
· mediation of disputes arising during execution of commercial contracts in Romania;
· termination of contracts and recovering damages for breach of contracts;
· legal management of contractual risks, unforeseen costs, extension of time, or increase in prices.

International trade and cross-border contracts

· international sale of goods contracts;
· GAFTA contracts and agribusiness agreements covering international sale of cereals, oilseeds, vegetable oils, feed, and processed food products;
· application of INCOTERMS clauses in Romanian commercial contracts;
· strategical advice and drafting cross-border joint venture between foreign and local investors interested in performing contracts in Romania;
· import-export customs duties including contestation of customs decisions;
· compliance with EU regulations, including Unfair Commercial Practices Directive.

Commercial litigation – See more

Commercial arbitration – See more

Work Highlights in Commercial Law

· Representing a Romanian tech company against a joint venture member in a case concerning the development of a RON 104 million project for modernization of Romanian Emergency System (112);
· Assistance to a leading Romanian food producer in negotiating, drafting and executing international sales contracts in France, Germany and Italy through banking factoring transactions;
· Assistance to a Romanian company on the drafting and negotiation of contracts for the development of an industrial facility (procurement of goods, erecting contract, banking loan, lease) and ongoing legal assistance during the administration of the facility;
· Legal advice to an Italian company specialised in steel installation in negotiating and concluding contracts specific to its industry (public procurement contracts, subcontracting agreements, joint ventures and other association agreements), and legal support during performance of the contracts (claims for additional costs, recovery of due invoices, price adjustment);
· Preparation of legal opinions, due diligence reports, analysis of legislative changes for an Asian investor seeking to extend its operations in Romania;
· Assistance and representation of a Romanian IT company in disputes regarding enforcement law, banking contracts, guarantees and related matters;
· Drafting an exclusivity and non-compete agreement between a Romanian General Contractor and its subcontractors for a project performed in Denmark.