Nestor Nestor Diculescu Kingston Petersen
A Romanian firm known for its longstanding work for the government
|Pending cases as counsel:||11|
|Value of pending counsel work:||US$1 billion|
|Lawyers sitting as arbitrator:||1|
Even before he created an arbitration group within his law firm, Ion Nestor had a strong personal feeling for the power of arbitration in society: even a Communist-era society. His father had helped establish the country’s first institutional arbitration body – the 1953 committee – which was attached to the Romanian Chamber of Commerce.
Following the 1989 revolution, foreign investment became essential as the country struggled to implement free market principles. Arbitration became an important economic tool during that period and, as a result, Romanian firms that grew up then, such as Nestor Nestor, are well versed in it.
Ana Diculescu-Sova heads the firm’s dispute resolution department. Professor and former Constitutional Court judge Viorel-Mihai Ciobanu joined the firm as counsel in 2008. He also served as president of the Court of International Commercial Arbitration at the Romanian Chamber of Commerce from 2009 to 2012. He sits as arbitrator and has heard over 400 cases (both domestic and international) over his career.
Ciobanu works closely with partner Sorina Olaru (neé Cretu), who joined the firm as a lateral hire from rival Stoica & Asociatii. She’s now an equity partner, along with Emil Bivolaru. As well as its headquarters in Bucharest, the firm has four more offices in cities throughout Romania.
Who uses it?
The Romanian government used the firm (together with Freshfields) in the defence of a long-running ICSID claim brought by brothers Ioan and Viorel Micula (see below).
Other clients have included energy producer Electrocentrale Bucuresti, investment fund Bluehouse Capital, Dutch consultancy Vapro, PwC and US construction group Bechtel.
The firm teamed up with Hogan Lovells to help US client Bechtel settle an ICC claim against Romania’s national motorway company, CNADNR, in 2011.
It also had success when a tribunal dismissed a US$70 million claim against its client Aurora Business brought by Credit Bank Europe.
A FIDIC-based dispute saw the firm obtain a win for Star Project Development in an ICC arbitration against All Plan Construction.
Nestor Nestor also has a strong track record on enforcement matters in the Romanian courts. In 2012, the firm helped Arlyn enforce an LCIA award worth more than €70 million in Bucharest, and achieved similar results for Spanish stainless steel equipment maker Portinox and Swedish adhesives company Scandstick.
Former co-head of the practice, partner Simona Neagu, left to join Clifford Chance’s Bucharest office as counsel in 2014. Before leaving the firm, she had begun acting as lead counsel for Arcadis Eurometudes, which retained Nestor Nestor for an ICC matter in Bucharest worth US$25 million over alleged breach of contract.
Having lost a marathon ICSID case brought by the Miculas, the firm and its co-counsel Freshfields are helping the state battle to reverse the US$250 million award in annulment proceedings. Meanwhile, the European Commission has taken steps towards declaring the award illegal under state aid rules.
An ongoing FIDIC case will also see Nestor Nestor advise SC Tehnoclima in arbitration proceedings arising from insurance claims by an employer worth some €18 million.
Together with WalderWyss, it is still advising local manufacturer Forsev in an ICC case over shipments of allegedly defective products.
When deciding to create a special practice centered on arbitration matters, NNDKP founding partner Ion I. Nestor had as model the dedication of his and the profession’s antecessors and intended to continue their work and bring to life their ambitious dreams of equity and justice.
Hence, the roots of our arbitration practice are found in the history of Romanian Arbitration in the early sixties, when Prof. Ion Nestor, father of Ion I. Nestor, acted as one of the founding members of the Arbitration Committee, the first institutional arbitration body for foreign trade, associated with the Romanian Chamber of Commerce.
The year 2006 marked a significant moment in NNDKP’s arbitration practice, as the firm’s arbitration team, under the coordination of Senior Partner Manuela Nestor, working in cooperation with Freshfields Bruckhaus Deringer, started providing assistance in the ICSID case initiated by European Foods. A decision in this case is still pending.
In consolidating our existing team, in 2008 we added to our team the expertise of Prof. Ciobanu, a highly respected arbitrator and teacher of civil procedural law, as well as the expertise of our leading attorney in the field of arbitration, Mrs. Sorina Olaru (former partner in a major law firm with experience in the arbitration field on the Romanian market), thus joining both their academic perspective and invaluable expertise so as to provide our clients with a comprehensive perspective and an integrated service.
Our arbitration practice is growing stronger and more experienced every day, creating with each new case a brand for excellence and professionalism.
No. of pending cases: 18
No. of arbitrator appointments (no. as chair or sole):
Prof. Ciobanu – over 415 starting with 1990 out of which over 60 within the last two years (over 40 as chairman)
Names to know:
• Prof. Dr. Viorel Mihai Ciobanu - Counsel NNDKP
• Manuela Nestor - Senior Partner NNDKP
• Sorina Olaru –Partner NNDKP
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