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About

Madalina Dumitrescu – Founder of MADA & PARTNERS Limited
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Over the last 20 years as a top city lawyer, Madalina has worked with some of the world’s most successful and wealthy individuals, families and institutions. Over that time, she is proud to have  become their Trusted Advisor, assisting them across a wide range of contentious, strategic and
commercial issues. Through unwavering commitment to high standards and values, Madalina has built and established an impressive client base comprised of discerning individuals, families and institutions who value integrity, excellence, and trust.

She also acts as a trusted advisor for clients leading tailor-made teams of highly specialised lawyers advising on a broad range of challenges and opportunities in the private capital space. In this capacity, when required, Madalina liaises with other advisors (such as bankers, private equity funds, auditors and accountants, family offices, foreign lawyers and trustees) to provide informed and coordinated solutions
as well as strategic advice on a wide range of issues.

Madalina is a dual qualified lawyer who can appear before Courts in the European Union Member States and represent clients before The European Court of Human Rights.

Representative Experience: Arbitration and Litigation

Madalina has a strong international arbitration and litigation practice, specialising in complex commercial dispute resolution, civil fraud, energy and natural resources, construction and sale of goods.

Madalina has been involved in numerous arbitrations conducted under LMAA rules as well as ICC and LCIA arbitrations, involving transportations, engineering and other contractual disputes. She has a wide experience of commercial court actions including interlocutory matters such as freezing injunctions and Arbitration Act challenges to arbitration awards.

Madalina represents oil & gas companies, oil trading companies, traders and UHNW clients in ICC arbitration cases in London, Paris, Geneva and
Bucharest.

She advises clients in relation to applications to the European Court of Human Rights.

 

Landmark cases include:

  • OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195: The Court of Appeal made a decisive judgment relating to the appropriate rate of enhanced interest to be awarded on judgment sum and on costs following the rejection by the defendant Glencore International AG of the claimant’s Part 36 offer.
  • OMV Petrom SA v Glencore International AG [2016] ECWCA Civ 778: the Court of Appeal made an important decision on the measure of
    damages in deceit in relation to claim worth nearly US$100 million (nil interest) for fraudulent supply of blended oil and gas [2015] EWHC 666
    (Comm).
  • UHNW high profile successful businessman v EU Member State – Allegations of corruption against a UHNW high profile individual, in his appeal against extradition to an EU Member State – demonstrated substantial grounds for believing there had been a flagrant denial of justice. The Court described the case as “extraordinary” and concluded that the requested person was not tried by an impartial tribunal and that he had “suffered a complete denial” of his fair trial rights as protected by Article 6 of the European Convention on Human Rights. The Court further concluded that the serving of a prison sentence based on an improper conviction would be “arbitrary” and that extraditing him would consequently represent a “flagrant denial” of his rights to liberty as protected by Article 5 of the European Convention. This is the first time that the High Court has concluded that extradition to an EU Member State represents a real risk of a “flagrant denial” of a requested person’s Convention rights. Madalina prepared the case in the client’s challenge in the extradition proceedings.
  • Madalina prepared and made an application on behalf of a UHNW client at The European Court of Human Rights.
  • She prepared an ICSID arbitration claim on behalf of a UHNW client against an EU Member State.
  • Joint Venture FCC Construction S.A. – Astaldi S.P.A. (Romania) -vs- National Company for Roads Infrastructure Administration S.A. (Romania). ICC No. 21488/MHM: Madalina was appointed by ICC Paris as an arbitrator.
  • She represented the Romanian Government, the office of the Prime Minister, internationally in relation to all its international litigation and arbitration matters for 10 years

Representative Experience: Transactional

  • Madalina acted for the World Bank, the International Finance Corporation and other major European banks in relation to investments in Romania.
  • She also acted for a major corporation in Romania in relation to its acquisition of the National Tobacco Company.
  • She advises major Middle Eastern corporations regarding significant real estate investments in the UK.
  • Madalina coordinates international projects that combine corporate, finance, real estate, restructuring, employment, reputation management and tax in relation to complex, often multi-jurisdictional, real estate hotel transactions.