20 years together

Dispute resolution

Overview
Dimitrov, Petrov & Co. has one of the largest and most diverse Dispute Resolution practices in Bulgaria and is recognized as one of the factors in litigation in the country by Legal 500. With a total of 12 litigators, the law firm has the resources to assemble the right team to address the most complicated and time-sensitive matters. What sets us apart is that we combine consultancy and litigation experts in each practice group which gives us the unique advantage to predict industry specific risks and advise on the best strategy for the client’s needs. Blending insights and experience from across the law firm, our lawyers identify solutions and deliver positive results when handling a variety of sophisticated lawsuits before national and international courts and arbitration authorities. 
 
The law firm provides full and comprehensive service on all possible disputes: 
 
Commercial litigation: The experience gained throughout the years of practice enables Dimitrov, Petrov & Co.’s lawyers to successfully protect clients’ interests on various matters involving breach of contract and warranty cases, disputes over the proper construction of agreements, shareholder disputes, business torts, etc.
 

Domestic Arbitration and International Arbitration: The law firms’ litigators have substantial experience in arbitration trials at the Arbitration Court within the Bulgarian Chamber of Commerce and Industry, KRIB Court of Arbitration and ICC Court of Arbitration.

Insolvency and Restructuring: Dimitrov, Petrov & Co.’s litigation team possesses in-depth knowledge and experience to represent clients in insolvency procedures under the Bulgarian Commercial Act and has successfully participated in insolvency, reorganization and liquidation procedures of some of the biggest industrial enterprises in Bulgaria. The firm’s lawyers have the expertise to provide legal protection after commencement of insolvency proceedings, preparation of recovery plans and agreements with creditors, representation in different aspects of insolvency litigation and assistance in filing for insolvency.

Debt collection: Debt collection proceedings represent a major share of the law firm’s litigation activities. Dimitrov, Petrov & Co. has extensive debt collection practice and successfully leads the clients’ litigation, payment orders and execution procedures in Bulgaria. The law firm has also established long-term collaboration with reliable bailiffs in all major cities across the country.

Medical malpractice: The firm’s litigation team has successful track record handling cases concerning doctors’ liability when rendering their services. Currently our lawyers defend the clients in a total of 10 pending lawsuits based on allegations for medical malpractice.

Administrative and regulatory litigation: From challenging state regulations and legislative acts, appealing public procurement and concession procedures to defending against government and regulatory lawsuits, Dimitrov, Petrov & Co.’s lawyers successfully assist clients in complex and often expensive administrative cases and consistently deliver positive results. The law firm has successfully settled numerous administrative disputes in the areas of pharmacy, construction and telecommunications.

Tax litigation: Dimitrov, Petrov & Co.’s lawyers possess particular niche expertise within tax law resulting in an impressively successful track record. Dimitrov, Petrov & Co. is a trusted legal advisor with regard to appeals of tax revision acts having achieved over 80% success rate over the years.

Construction disputes: Dimitrov, Petrov & Co. offers high-quality counsel on litigation and arbitration issues for solving construction related disputes (including negotiation, mediation, arbitration, alternative dispute resolution procedures, assistance in Dispute Adjudication Board procedures).

Labour disputes: The law firm can provide professional assistance to employers and employees in protecting their rights, including court representation at all competent courts.

Alternative dispute resolution (ADR):  Dimitrov, Petrov & Co.’s lawyers are also experienced in mediation and other forms of ADR. In any contentious matter we primarily aim at reducing the financial burden of a time-consuming and stressful courtroom battle.

 

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Representative Experience
Commercial litigation: 
  • Successfully suspended the execution procedure under the Registered Pledges Act against the commercial enterprise of the owner of “My Day” trademark in extremely difficult and rare for the Bulgarian market proceedings with a mater value of EUR 4.2 mln.
  • Represents Hygia AD in a EUR 160,000 lawsuit against Multi-Profile Hospital Sv. Marina EAD with regard to claim for damages from abusive demanding of a performance guarantee under a procurement contract.
  • Represents Telenor Bulgaria EAD in a commercial lawsuit before the Sofia Court of Appeal at a material value of EUR 220,000 against a telecommunication services provider in Bulgaria.
  • Represented a contracting entity operating in the utilities sector before the Supreme Court of Cassation in a complicated EUR 460,000 commercial lawsuit under a claim for compensation of damages allegedly caused in a public procurement procedure.
  • Protected the interests of one of the largest Italian construction companies with regard to its relations with the developer of an international business center and with their subcontractors.
  • Successfully represented one of the three electricity distribution companies in Bulgaria in a complicated landmark lawsuit before the Supreme Court of Cassation initiated under a claim for loss of profit.
  • Successfully represented a leading Italian construction company in a EUR 2.5 million dispute with regard to demand bank guarantee.  
 
Domestic Arbitration and Inernational Arbitration:
  • Acted as co-counsel of Astaldi S.p.A together with a UK-based law firm in an ICC Arbitration with respect to a complex construction dispute under FIDIC against a Bulgarian Ministry. DPCo’s lawyers were also engaged to protect the contractor’s interest as advisors on Bulgarian law in relation to a Dispute Adjudication Board (DAB) procedure.
  • Represented Gorichane Energy EOOD in a commercial arbitration case against the National Electricity Company before the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry under a claim for contractual damages.
 
Insolvency and Restructuring:
  • Advised the syndics of Corporate Commercial Bank (in insolvency) and represented it in more than 50 insolvency and other cases against its debtors as the total amount of the material interest involved being above EUR 1.5 billion.
  • Initiated and played key role in the insolvency proceedings against five debtors of Hygia AD.
  • Advised the conservators and syndics of Corporate Commercial Bank (in insolvency) in the process of payment of EUR 1.8 billion worth of compensations due to more than 108,000 depositors in the bank during its conservatorship by the Bulgarian Bank Deposits Insurance Fund. The work included revision of thousands of appeals of depositors within a period of 5 months.
  • Provided legal advice on the restructuring of Commercial Bank Victoria EAD (former Credit Agricole Bulgaria) placed under conservatorship by the Bulgarian National Bank in June 2014.
  • Represents a private fund of Norwegian investors in an insolvency procedure against the developer of one of the biggest residential complexes at the seaside resort of Aheloy.
  • Represents in court a leading international telecommunications service provider in its capacity of one of the creditors to an insolvency case.
  • Initiated an insolvency case on behalf of a leading manufacturer and provider of irrigation products and services against the developer of a golf complex near Sofia, after imposing an interdiction on some of its real estates.
 
Debt collection:
  • Advised the syndics of Corporate Commercial Bank (in insolvency) on the structuring, preparation and launching of legal actions and subsequent legal representation in numerous debt recovery activities, including through asset tracking and recovery, securitization of claims, payment order procedures, private execution, general litigation, enforcement of registered pledges, insolvency procedures, etc.
  • Represents Hygia AD in the debt recovery of a EUR 20 million portfolio of commercial debts from more than 200 debtors.
  • Represents Baustoff and Metal Marsil OOD in over a hundred debt collection execution procedures as well as assistance in the negotiations and the conclusion of a number of court and out-of-court agreements.
  • Represents the Bulgarian trader of sunflower Si Ko OOD in the settlement of a number of commercial disputes and debt collection matters.
  • Represented Budmax - a construction materials retailer in bankruptcy proceedings initiated against one of its clients.  
 
Medical Malpractice:
  • Provides full court representation to four of the major hospitals in Bulgaria and one of the most renowned plastic surgeons in a more than a dozen pending lawsuits based on allegations for medical malpractice. The complex medical disputes range from serious personal injuries to birth obstetrics injuries and the claims for material and moral damages amounts to over EUR 2 million. The cases are further complicated with the involvement of insurance legal relations and the negotiations for conclusion of out-of-court agreements.
 
Administrative and regulatory litigation:
  • Achieved the first suspension by the Supreme Administrative Court of a legislative act of the state proving that it imposed anti-competitive clauses in the contracts for disbursement and payment of medicinal products by the National Health Insurance Fund.
  • Engaged by the conservators and later by the temporary and permanent syndics of Corporate Commercial Bank to represent the bank in proceedings before the Supreme Administrative Court for the termination of the banks licence and the insolvency proceedings before the civil courts.
  • Leads several big regulatory and administrative lawsuits in the area of banking compliance and regulatory liability.
  • Successfully represented a local consortium before the Supreme Administrative Court in the appeal procedure against the Tariff of Fees Collected for Proceedings Under Chapter XI of the Public Procurements Act, as a result of which the latter was revoked.
  • Designed the strategy and launched a series of interrelated lawsuits in order to ensure fair allocation of the very limited 1800 MHz radio spectrum, managing to reverse the court practice of the Bulgarian Supreme Administrative.
  • Represented Mareshki Group of Companies before the Supreme Administrative Court in several administrative cases on appealing the conditions for concluding agreements with the National Health Insurance Fund.
  • Represents a client before the European Court of Human Rights in a case against the Bulgarian state on the grounds of violation of the right to a fair trial.
  • Successfully applied for competition advocacy in parallel proceedings before the Commission for Protection of Competition and before the Supreme Administrative Court for challenging unlawful and anti-competitive clauses concerning the dispense and reimbursement of medicines in all agreements concluded between one of our clients and the National Health Insurance Fund.
  • Represents a major utilities sector service provider in the appealing of a significant number of financial sanctions issued by the State Financial Inspection Agency.
 
Tax litigation:
  • Successfully appealed a tax revision act for the amount of EUR 300,000 related to applying a double taxation avoidance treaty and thus reversing the established court practice.
  • Successfully represented PFC Lokomotiv Plovdiv AD before the Supreme Administrative Court in the appeal of a EUR 400,000 tax revision act.
  • Successfully represented a Georgian Internet service provider in the appeal of a tax revision act for the amount of EUR 250,000 related to applying a treaty for avoidance of double taxation. The revision act was repealed by a final decision of the Supreme Administrative Court.
  • Represents a company specialising in metal casting before the Sofia City Administrative Court in a procedure against the National Revenue Agency regarding a refusal of tax deduction under the Value Added Tax Act.
  • Represents a non-governmental organisation, an EU Programmes beneficiary, in a lawsuit related to a refusal of tax deduction under the Value Added Tax Act by the National Revenue Agency.
  • Represents a company specialising in PR services before the Sofia City Administrative Court in a procedure against the National Revenue Agency regarding a refusal of tax deduction under the Value Added Tax Act.
 
Construction disputes:
  • Represented Astaldi S.p.A before the Sofia City Court in a EUR 5 million construction dispute with one of its main subcontractors, which was successfully closed with a settlement between the parties.
  • A Romanian investment company has assigned to Dimitrov, Petrov & Co. its full representation in a legal dispute against the second biggest construction company in Bulgaria. Since 2008 the law firm has been frequently engaged by local and foreign clients to handle lawsuits related to construction disputes.
 
Labour disputes:
  • Successfully represented an international fashion manufacturer and retailer in a number of court disputes related to dismissals of distrustful employees.
  • Advised and represented one of the world’s 20 top pharmaceutical companies at the Commission for Protection against Discrimination with regard to a discrimination claimed filed by ex-employee.
  • Represented a leading international publisher in court cases initiated by dismissed employees and the cases have been closed successfully.
  • Successfully represented a big municipal hospital in a court case for the dismissal of a physician for systematic violations of labour discipline.
 

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Related News
04Oct

SOFIA WELCOMED ICC&DRBF REGIONAL CONFERENCE ON CONSTRUCTION DISPUTE RESOLUTION AND DISPUTE AVOIDANCE

The second ICC regional conference on practical issues in construction dispute resolution and dispute avoidance was held in Sofia, Bulgaria on 27th and 28th September 2018. The event hosted more than 50 eminent practitioners and speakers who shared their experience on different mechanisms and techniques for dispute resolution and dispute avoidance in the area of construction... view more

20Aug

Bulgarian company sued under a fictitious case was successfully defended by Dimitrov, Petrov & Co.’s experts

The experts of Dimitrov, Petrov & Co. Law Firm Encho Simeonov and Martin Zahariev, PhD have achieved yet another key success for our practice in the field of commercial arbitration. Our team assisted in preserving the business of a Bulgarian company, ordered to pay around BGN 2 000 000 (approx. EUR 1 022 000) under a fictitious arbitration case, in which this company has never taken part... view more

17Aug

Second ICC Regional Conference on Practical Issues in Construction Dispute Resolution and Dispute Avoidance – 27-28 September 2018, Sofia

Following the 2017 success of the first ICC Bulgaria regional conference, its second edition is forthcoming on 27th - 28th September 2018, in Sofia.   This year’s event is co-organized by the highly prestigious international organization The Dispute Resolution Board Foundation (DRBF). The 2018 debate will be devoted to the resolution and avoidance of construction... view more

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Related Publications

The Revocation of the Contradiction with Public Policy as a Ground for Setting Aside Arbitral Awards under the International Commercial Arbitration Act is Unconstitutional

Topic:Dispute resolution

Published at:Commercial and Contract Law Magazine, Book 6/2018, Trud i Pravo

Edition:Commercial and Contract Law Magazine, Book 6/2018, Trud i Pravo

European Guide to Debt Collection - Bulgaria

Topic:Dispute resolution

Published at:www.meritas.org

Edition:European Guide to Debt Collection

FIDIC Multi-Tier Dispute Resolution Clauses

Topic:Real Estate Law. Construction Law

Published at:https://drb.org/

Edition:DRBF Forum

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Contact Person

Metodi Baykushev

Partner

Metodi Baykushev

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