Bazil Oglindă

Managing Partner

Bazil Oglindă, Managing Partner of Oglindă & Partners, has been a lawyer since 1998, and is a member of the Bucharest Bar. 

Bazil Oglindă
About

Bazil is highly specialized in arbitration and construction law, assisting major domestic and international companies in both public procurement contracts and private projects.

He is Vice-President of Bucharest Court of Arbitration, and an active arbitrator with extensive experience gained in over 200 arbitral proceedings as arbitrator for the International Chamber of Commerce – ICC Paris and the Shanghai International Arbitration Centre.

He is often requested to act as an expert on various issues concerning Romanian Law before foreign courts of law or international arbitration courts.

Bazil has also the reputation of a strong academic researcher, having published over the years four books on Romanian Contractual Law and Romanian Arbitration, over 30 academic studies and being frequently invited as speaker in international conferences regarding Romanian Contractual Law and International Arbitration. Bazil is currently associate professor at the Faculty of Law, Romanian-American University.

Practice areas

During his carreer, Bazil Oglindă has coordinated complex cases, provinding consultancy and representation in dispute resolution in the following ares:

  1. International abitration
  2. Construction law (infrastructure and industrial, civil, heritage works)
  3. Bussines Law
  4. Commercial Law
  5. Contract Law
  6. Corporate Law
  7. Civil Law
  8. Civil Procedure Law
  9. International Trade Law

  1. More than 200 domestic and international commercial arbitrations, as lawyer, arbitrator and president of the arbitral tribunal;
  2. Legal assistance provided to a consortium of Romanian and foreign entrepreneurs, in connection with multiple road infrastructure projects of national interest (motorways), by coordinating strategic legal consultancy projects and FIDIC specific procedures for dispute resolution (engineering determination, DAB decision, disputes before national courts and international commercial arbitration);
  3. Recovery of a prejudice of over 30 million euro generated by a central public authority by continuously failing to fulfil an obligation, for one of the largest Romanian entrepreneurs in the field of infrastructure construction;
  4. Legal advice for one of the most important Romanian entrepreneurs in the field of infrastructure construction, for recovering the costs generated by additional works, under a contract for the design and execution of a railway section in the northern area of the country;
  5. Legal advice offered to one of the oldest infrastructure construction companies in Romania, by coordinating permanent legal advice and contract management services in relation to ongoing infrastructure projects, the relationship with the contracting authority, public authorities, subcontractors, suppliers;
  6. Legal assistance for a well-known international infrastructure construction company, by coordinating the arbitration strategy (Oglinda & Partners' lawyers teams in collaboration with technical expert teams specialized in the three aspects of the dispute: quantum of claim, design and delay critical path analysis) in relation to a complex dispute arising from a contract concluded with CNAIR for the execution of works to modernize a section of the highway, including the suspension and removal of the effects of a negative finding document;
  7. Legal assistance for a significant number of Romanian and foreign entrepreneurs running national, regional and local infrastructure projects, through technical-legal contract management and claim management services, as well as permanent advice in project implementation;
  8. Coordinating the project team for a major economic operator in heating installation and construction market, in an international commercial arbitration conducted under the aegis of ICC Paris, between the subcontractor and the general contractor
  9. Legal representation of a leader in the construction-assembly and general enterprise market, in a commercial arbitration with a value of approx. 25 million RON, representing additional works executed at an investment objective historical monument, within an investment project financed by the World Bank;
  10. Legal assistance and representation for the market leader in the design, construction and management of intelligent lighting systems, by coordinating the permanent activities of specialized legal advice and representation in all the disputes faced by the company over a period of 10 years;
  11. Legal advice for numerous agents operating and maintaining numerous Rompetrol stations, in negotiations for amicable settlement of disputes, by successfully concluding transactions regarding mutual waivers of claims and termination of legal relations by agreement of the parties;
  12. Legal representation of a multinational company with design and execution of construction works, in a complex commercial arbitration proceeding from a public procurement contract concluded with CNAIR SA, in order to obtain the extension of time and additional costs requested by the Entrepreneur’s claims and granted in part by the DAB decision;
  13. Legal advice of an important economic operator in the field of design and modernization of water installations, sewage, in order to prepare financing applications through European programs and for the subsequent implementation of the programs through specialized legal advice and representation in related disputes;
  14. Legal representation of one of the largest Romanian companies for construction and modernization / rehabilitation of sewage networks, in multiple international commercial arbitrations between the members of the association as well as between the association and the beneficiary;
  15. Legal assistance for one of the most important Romanian producers of electricity and heat, in the permanent management of all current legal aspects of private law specific to the company and the field (environmental agreement, enterprises, permits, accreditations, financing schemes, energy trading contracts, green certificates).
  16.  

Ph. D. – The specificity of commercial obligations: transformation and termination
Commercial Law – Bucharest University of Economic Studies

L.L.M.  – Private Law
Faculty of Law, University of Bucharest

Degree in Law
Faculty of Law, Romanian-American University

Languages
English, Spanish, Romanian

  • Bazil Oglinda, Red Flag for contractors; Unusual Clauses in FIDIC Contract, RSCL 2017 International Conference ”Perspectives of Construction Law”;
  • Suspension of Work. Privilege or Obligation? Current Practices and New Provisions
    International Conference RSCL – Bucharest, 2018;
  • Lack of Workforce- #1 Dispute Generator in Construction Projects?
    International Conference RSCL – Bucharest, 2018;
  • Risky business; distribution of risk in contracts for international sales of goods
    Business Law in the 3rd Millennium Conference  – Bucharest, 2016;
  • Intervention and Role of the Engineer in Dispute between the Contractor and the Employer
    International Conference RSCL – Bucharest, 2017;
  • Key criteria in appointment of arbitrators in international arbitration, Juridical
    Tribune Volume 5, Issue 2, pp. 124-131, December 2015, ISSN 2247-7195, Ebsco, HeinOnline, C. E. E. O. L.;
  • Principle Of Progressive (Gradual) Use Of Contractual Remedies, Juridical Tribune Volume 4, Issue 2, p. 226-239, December 2014, ISSN: 2247-7195, SSRN, Ebsco Host, ProQuest, Hein Online, CEEOL;
  • Modification Of Clauses On The Basis Of The Contractual Conduct Of The Parties. Application Of Estoppel Doctrine, Perspectives of Business Law Journal Volume 3, Issue 1, p. 184-192, November 2014, ISSN 2286-0649, EBSCO, HeinOnline, Proquest, Copernicus;
  • The jurisprudence. Formal law source, Juridical Tribune Volume 5, Issue 1, p. 120- 129, June 2015, ISSN: 2247-7195, SSRN, Ebsco Host, ProQuest, Hein Online, CEEOL;
  • Critical analysis concerning certain aspects of the amendment of the Civil Procedure Code by the Law no. 219/2005, Journal of Accounting and Management Information Systems (JAMIS) no. 15/2006, pp. 99-102, ISSN: 1583-4387, REPEC, EBSCO, ProQuest, IndexCopernicus Journals Master List and Ulrich's Periodicals Directory, ESSEC ranking of journals and Australian Business Deans Council list;
  • Contractual balance in the context of the post-economic crisis and the new romanian civil code, Journal of Accounting and Management Information Systems (JAMIS), vol. 13, p.755-774, nr. 4/2014, ISNN: 1583-4387, REPEC, EBSCO, ProQuest, IndexCopernicus Journals Master List and Ulrich's Periodicals Directory, ESSEC ranking of journals and Australian Business Deans Council list;
  • The theory of imprevision in the context of the economic crisis and the new romanian civil code (ncc), “Perspectives of Business Law Journal” Volume 1, Issue 1, pp. 230 – 255, 2012, ISSN: 2286 – 0649, Hein Online, ProQuest;
  • Critical analysis concerning certain aspects of the amendment of the Civil Procedure Code by the Law no. 219/2005, Journal of Accounting and Management Information Systems (JAMIS) no. 15/2006, pp. 99-102, ISNN: 1583-4387, REPEC, EBSCO, ProQuest, IndexCopernicus Journals Master List and Ulrich's Periodicals Directory, ESSEC, ranking of journals and Australian Business Deans Council list;
  • The doctrine of piercing the corporate veil, Proceedings of the 10th International Conference Accounting and Management Information SYSTEMS AMIS, p. 410-421, 2015, ISSN 2247- 6245 ISSN-L 2247-6245, Ed. ASE;
  • Specific aspects of the arbitration clause in terms of its potential unusual nature in the context of art. 1203 Romanian civil code, Proceedings of the 10th International Conference Accounting and Management Information SYSTEMS AMIS, p. 232-238, 2015, ISSN 2247-6245 ISSN-L 2247-6245, Ed. ASE, 2015;
  • Contractual balance in the context of the post-economic crisis and the new Romanian civil code, Proceedings of the 9th International Conference Accounting and Management Information Systems AMIS, p. 408-425, 2014, ISSN 2247-6245 ISSN-L 2247-6245, Ed. ASE;
  • Legal liability for breaking off negotiations under Romanian law. Trends for uniformization in the European law and at the international level, „Volume of International Conference Of Law, European Studies And International Relations, Titu Maiorescu University – Faculty of Law”, Ed. II,  Hamangiu, p. 12, 2014, ISBN 978-606-678-642-3;
  • Key criteria in appointment of arbitrators in international arbitration, Juridical Tribune Volume 5, Issue 2, December 2015, pp. 124-131, http://www.tribunajuridica.eu/arhiva/anul5v2.html;
  • The principle of confidentiality in arbitration. Application and limitations of the principle, Perspectives of Business Law Journal Volume 4, Issue 1, November 2015, pp. 57-64, http://www.businesslawconference.ro/revista/articole/an4nr1/Art.%2010%20Bazil%20Oglinda%20;
  • The jurisprudence. Formal law source. Juridical Tribune Volume 5, Issue 1, June 2015, p. 120-129, SSRN, Ebsco Host, ProQuest, Hein Online, CEEOL, ISSN: 2247- 7195, http://www.tribunajuridica.eu/arhiva/An5v1/12%20Oglinda.pdf;
  • Critical analysis concerning certain aspects of the amendment of the Civil Procedure Code by the Law no. 219/2005, Journal of Accounting and Management Information Systems (JAMIS) no. 15/2006, pp. 99-102, REPEC, EBSCO, ProQuest, IndexCopernicus Journals Master List and Ulrich's Periodicals Directory, ESSEC ranking of journals and Australian Business Deans Council list. ISNN: 1583-4387, http://www.cig.ase.ro/revista_cig/AfiseazaArticol.aspx ESCL 2018 International Conference- speaker;
  • RSCL 2017 International Conference ”Perspectives of Construction Law”- speaker.