Emil Bivolaru

Emil Bivolaru

Partner

emil.bivolaru@nndkp.ro
+40 31 225 33 58

Practice Areas

Expertise

Emil Bivolaru is an experienced litigator always focused on the practical and legal aspects of the clients’ problems. In the 20 years in both Romanian courts of justice and arbitration courts, he has specialized in complex fiscal conflicts, bankruptcy and restructuring cases, banking and finance litigation, civil law and property restitution cases. During the last few years, his practice has expanded as he acquired significant experience in white collar crime cases, as well as in matters related to fiscal inspections and tax evasion issues.

Industry Focus

Representative Cases and Transactions

  • fiscal litigation on behalf of a multi-national oil company, for the purpose of annulment of enforcement of a several million EUR tax debt
  • fiscal litigation for a multi-national company in the retail area, for the annulment of a tax ruling issued by the fiscal authorities
  • civil and fiscal aspects of a criminal investigation initiated against a leading regional media company by the Directorate for Investigating Organized Crime and Terrorism
  • criminal investigation against a leading worldwide player active in the aviation field in relation to extremely complex fiscal problems, initiated by the National Anti-Corruption Directorate
  • recovery procedure by few of the Romanian banks of the credits offered to major investors in the real estate market
  • creditor intervention, on behalf of Romania’s largest oil and gas maintenance company, to recover a substantial debt (in excess of 60 million EUR) and to maintain a controlling position in the assembly of creditors and the creditors’ committee
  • act on behalf of a major banking institution in the insolvency proceeding of a local agribusiness group, to recover a large amount provided to the debtor as financing for its commercial activities related to livestock and production facilities
  • title litigation, on behalf of a real estate developer, concerning 47,000 sq.m of land in Bucharest
  • administrative litigation on behalf of a real estate services firm for the purpose of obtaining a building permit for a major business office in Bucharest
  • representation of a major real estate investor in an insolvency proceeding against the contracted construction company
  • representation of a major international bank in the insolvency proceeding of one of the highest office buildings in Romania
  • representation of a local bank, the major creditor on the creditors’ list, in two insolvency proceedings against two debtors in the real estate market

Accolades

Included in international rankings since 2009; most recently:

  • Ranked, Dispute Resolution (Chambers and Partners, 2021)
  • Recommended, Dispute Resolution (Legal 500, 2021)
  • Recommended, Restructuring and Insolvency (Legal 500, 2021)

“Emil Bivolaru has the ability to pin point exactly the implications and relevance of the legal matters in a business context. His pleadings are very convincing and well grounded, as his skills are both technically and strategically very strong.”
(Legal 500, 2021)

Emil Bivolaru is “very experienced and has a good understanding of litigation matters”. 
(Chambers and Partners, 2020)

Sources describe him as “really calm”, enthusing that “he understands everything really fast.” 
(Chambers and Partners, 2019)

Emil Bivolaru is recommended by clients for his particular expertise in financial and real estate-related litigation for high-profile clients. His practice includes assisting with property restitution procedures.
(Chambers and Partners, 2017)

Education

  • Nicolae Titulescu University Law School and International Relations, Law Degree

Memberships and Affiliations

  • Bucharest Bar Association

Notable Contributions

  • speaker at the NNDKP CELF Conference: Fiscal disputes in times of the pandemic, organized by NNDKP and Ziarul Financiar (February 2021)
  • speaker at the event “Legal&Tax Conference, 3rd edition – How do we manage tax and (macro)economics risks in 2020?”, organized by NNDKP and Ziarul Financiar (2020)
  • contributor to NNDKP – COVID-19 Legal & Tax Resource Center
  • speaker at the event “Trends: Economy. Business.Tax”, organized by NNDKP and Ziarul Financiar (2018)
  • speaker at the debate “The economic context and the opportunity for a fiscal mediation commission in Romania”, organized by Oameni si Companii (2018)
  • speaker at the workshop “The fiscal policy and the new management risks” organized by NNDKP (2018)
  • regular speaker at the Dezbateri Juridice series of conferences, organized by the Society of Legal Sciences
  • articles on insolvency law and criminal law topics