Expertise
Radu Damaschin is a highly experienced litigator who joined the firm 19 years ago and consolidated his theoretical and practical background in a wide range of dispute resolution matters. He is acknowledged by clients for his know-how in areas such as consumer protection litigation, property restitutions and public procurement litigation.
His areas of expertise cover:
- public procurement disputes
- bankruptcy, restructuring and enforcement proceedings
- contractual liability
- fiscal and administrative litigation
- real estate disputes
- consumer protection cases involving bank loan agreements
Representative Cases and Transactions
- representation of the Romanian branch of the French leader in solutions related to water, energy and materials in the judicial dispute regarding the award of the contract for the construction of the Caransebes Water Treatment Plant
- representation of Germany’s largest construction company in the administrative dispute related to the award of the contract for the extension and rehabilitation of the Mihail Kogalniceanu Airport in Constanta county, as well as in litigations concerning the public procurement procedures conducted by the contracting authorities from several cities in Romania
- representation of a leading global integrated security company in several commercial disputes against CNPR regarding the reimbursement of the value of security and transport services
- coordination of a complex project involving the assistance and representation of the largest Romanian bank in over 1,500 consumer protection litigation files
- representation of a major Austrian bank before the Court of Justice of the European Union in the proceedings related to the interpretation of the Consumer Credit Directive (2008/48/CEE) provisions
- representation of a major German construction player in the judicial proceedings related to the rehabilitation and extension of the adduction pipelines and the distribution networks and sewage in two cities in Pitesti (Albota and Mosoaia)
- representation of consortium including two Spanish companies active in the field of construction in a litigation for compelling the National Company of Motorways and National Roads in Romania to sign the rehabilitation agreement of DN 76 Stei-Beius
- representation of the largest cement producer on the Romanian market in several commercial disputes with minority shareholders
- representation of a leading international bank in a complex litigation involving both real estate and banking law, generated by the failure of a real estate debtor to fulfill a contractual obligation
- representation of a member of one of the largest manufacturers and suppliers of seamless and welded steel pipe products in Siderca’s bankruptcy proceedings, one of the most complex and disputed bankruptcy proceedings in Romania
Accolades
First included in the international rankings in 2007; most recently:
- Ranked, Dispute Resolution (Chambers and Partners, 2022)
- Recommended, Dispute Resolution (Legal 500, 2021)
“Radu Damaschin is a smart lawyer and a wise man, whose advice is always very appreciated.”
(Legal 500, 2021)
[Radu Damaschin is] a “thorough strategist” and a “strong and nuanced litigator”.
(Chambers and Partners, 2020)
Radu Damaschin is “very knowledgeable and very strong in procedures and with case handling”.
(Chambers and Partners, 2019)
Interviewees highlight his “exceptional ability to take in an impressive volume of information and distill it to the key points that are of essence to the strategy of a case”.
(Chambers and Partners, 2018)
Radu Damaschin is “the sort of knowledgeable lawyer clients want”.
(Legal 500, 2017)
Education
- University of Bucharest Law School, Law Degree
- University of Bucharest, Post-graduate Degree in Private Law
- Nicolae Titulescu Law School, Bucharest, Romania, Master Degree in Business Law
- Academy of American and International Law, Center for American and International Law, Plano, Texas (course)
Memberships and Affiliations
- Bucharest Bar
Notable Contributions
- speaker at the webinar “ANAP Instruction no. 1/2021: Considerations on the amendment of the public procurement contract. Adjustment of the contract price. Practical aspects”, organized by NNDKP (2021)
- “Short practical considerations regarding the mutability of the penalty clause” (2021)
- contributor to NNDKP – COVID-19 Legal & Tax Resource Center
- “Challenging in Court the Outcome of Public Procurement Procedures – A Predictable End of a Journey” (2020)
- speaker at the seminar “Theoretical and practical issues regarding competence in arbitration, the action for annulment and exequatur”, organized by NNDKP (2019)
- speaker at the National Conference on Enforcement Proceedings, organized by Universul Juridic (2019)
- “The Joint Venture and the Insolvency of the Leader” (BizLawyer, 2019)
- speaker at the seminar “Changes to the Civil Procedure Code – between theory and practice”, organized by NNDKP (2019)
- speaker at the seminar “Administrative disputes”, organized by NNDKP (2018)
- speaker at the international conference “The New Romanian Civil Procedure Code”, organized by University of Bucharest Law School (2018)
- “Administrative disputes – general considerations” (Lexology, 2018)
- “New rules for service of civil procedural documents” (Lexology, 2018)
- “Ethical challenges in the practice of law” (Lexology, 2018)
- “Brief analysis of a relevant case/predicament or how procedural aspects can trump the law” (Curierul Judiciar, 2018)
- “The Award of Administrative Contracts – New Benchmarks for Review Procedures” (Lexology, 2018)
- “Romanian Government to amend public procurement legislation according to the German model” (Ziarul Financiar, 2018)
- “Judicial rhetoric, between decline and reconfiguration” (NNDKP, 2018)
- “When a joint venture faces insolvency” (Lexology, 2018)
- “And yet, how retractable is the motion to withdraw the complaint?” (Curierul Judiciar, 2017)
- “Practical benchmarks regarding the recognition and enforcement in Romania of court and arbitral judgments rendered in foreign jurisdictions” (NNDKP, 2017) (co-author)
- “Doing Business Report – Romania section” (World Bank, 2014 and 2015) (co-author)
- lector of the National Institute for Lawyers Training (since 2011)
- speaker at the “Difficult problems of forced execution in the context of the amendment of the Civil Procedural Code” conference (2014)