Articles & Events

Excellence in management – Award Gala 2016

29 March 2016 | Oglinda & Partners

Oglinda&Partners participated at the Award Gala for Excellence in Management! Oglinda&Partners participated at the Award Gala for Excellence in Management! We congratulate and applaud all the winners, all the participants and all the businessmen that would deserve to be today on the scene for their work and dedication to be recognized. The categories are: – Best communication and marketing manager;....

The Authorization for Fire Security is Now Mandatory. Who is responsible for Obtaining It in a FIDIC Contract? Part one

| Oglinda & Partners

In Romania, fire is the most common type of risk that can cause emergency situations. The authorizations for fire security are those administrative acts issued by county and Bucharest inspectorates for emergency situations through which the fulfillment of security measures for fire is verified, only after previous site visits are being conducted and document are being verified. An important distinction....

The arbitration pill. To be or not to be…DAB?

25 March 2016 | Oglinda & Partners

Settlements of disputes regarding FIDIC Contracts provide for a two-steps procedure: the first procedura in front of DAB (Dispute Adjudication Board) – sub-clauses 20.2 – 20.4 FIDIC – and the arbitration procedure (sub-clause 20.6). Concerning the DABs’ jurisdiction, sub-clause 20.4 FIDIC provides that ”if a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out....

Legal debates. The contractual clauses considered unwritten.

23 March 2016 | Oglinda & Partners

Bazil Oglindă, Managing Partner at Oglindă&Asociații participed on 14th of March as co-moderator to the legal debate on the subject of clauses considered unwritten, at Artmark Galleries, Bucharest. The legal debate gathered the most important actors in law: academic Paul Vasilescu (Faculty of Law, University Babeș – Bolyai, Cluj-Napoca),lawyer Cornel Popa(Partner Țuca Zbârcea&Asociații), lawyer Marius Iosif (Partner Rădulescu&Mușoi) and judge....

The New Provisions on Public Procurement: An Illusion or an Efficient Change?

22 March 2016 | Oglinda & Partners

The deadline for transposing an EU Directive in the public procurement area is coming to an end. According to the initial deadline, Romania was supposed to adopt a new law on public procurement by mid-April. The new legislative package that is about to replace O.U.G. no. 34/2006 promises to solve all the problems encountered in practice. For this reason, attribution....

The Legal Framework of Phytosanitary and Fertilizing Products Used in Agriculture and Forestry

| Oglinda & Partners

The current demands concerning the increase of food production efficiency led to certain chemical methods used in agriculture being irreplaceable. For this reason, a high volume of phytosanitary and fertilizing products developed and heavily impacted the environment. In this context, the necessity of a special regulation that would refer to: the fabrication, placement, utilization, import and export of these products....

088 Form: Fighting Tax Evasion or Companies’ Worst Nightmare?

| Oglinda & Partners

The New Fiscal Code’s provisions referring to registration for VAT purposes have led to companies’ dissatisfaction due to the questionable legality and utility of form 088, especially concerning the amount of information and its relevance. Starting February 1st 2015, companies that apply for registration for VAT purposes must fill out two fiscal forms: form 098 for registering for VAT purposes....

How can you annihilate a valid contractual clause? Part two

18 March 2016 | Oglinda & Partners

Certainty is of utmost importance in any contract concluded in all kinds of domains in which prices fluctuate rapidly. In such cases, no one desires that a chain of transactions to be broken by the use of too vague criteria. Certainty equals safety. Follow us for more!

How can you annihilate a valid contractual clause?

17 March 2016 | Oglinda & Partners

Can parties annihilate a valid contractual clause in accordance to their conduct, even if the contract provides for formal conditions for such modification of contract (conventional formalism)? The answer to this question in international commercial arbitration matters , is given by the doctrine of Estoppel. Follow us for more!

Conference “Construction and Infrastructure 2016”

15 March 2016 | Oglinda & Partners

Oglindă&Partners participated on 15th March, at Pullman Hotel, at one of the most important events in the field of construction and infrastructure, along with state representatives, professional associations and companies. The conference “Construction and Infrastructure 2016” gathered the most important actors in the domain in order to discuss the latest news in the field, especially in connection to the upcoming....