Banking & financing

In banking & finance Oglinda&Partners lawyers assists its clients in all phases of a financial contract: loan, factoring, leasing. Our lawyers provide counselling and representation in all aspects and litigations related to the performance of a banking contract.

Directly related to the main areas of activity of Oglinda&Partners (international arbitration and construction law) are also the financial-banking law services related to the issuance, extension or enforcement of performance security, a niche activity in which we are recognized as one of the most experienced and well-trained law firms in Romania.

Oglinda & Partners litigation practice includes a wide range of financial-banking cases, in which we have successfully represented both banking institutions and debtors, natural or legal persons in enforcement procedures arising from banking contracts, developing an in-depth expertise in suspension/provisional suspension of enforcements and enforcement challenge procedures.

Recently, there has been a remarkable development in our litigation activity regarding abusive interest clauses, hidden fees and charges or the applicability of hardship (unforeseen events) rules in relation to sudden escalations in the cost of loans.

Work highlights

Assisting a major food producer in concluding and conducting international sales contracts of goods through banking factoring operations;
Consultancy for negotiating and drafting credit line contracts for issuing bank guarantees;
Numerous disputes in which we obtained the suspension and cancellation of the forced execution started by the banking institutions against legal entities and individuals;
Consultancy for companies in the oil industry, heat and electricity producers, construction and installations, real estate, etc. On the establishment of bank guarantees in order to obtain credit for commercial activities as well as in disputes arising from mortgages, pledges on shares, assignment of receivables, promissory notes, or securities constituted as collateral attached to bank loan contracts.

Publications

The first Emergency Arbitrator in Romania, Simona Reithofer and Eugen Sarbu, https://www.hotnews.ro/stiri-specialisti_oglinda-22316467-prima-procedura-arbitru-urgenta-din-romania.htm, 2018

Conferința Big business and the Romanian State Conference: from theory from practice, Bazil Oglinda, speaker, 2022