DISPUTE RESOLUTION LITIGATION, ARBITRATION, SPECIAL JURISDICTIONS, NEGOTIATIONS, DEBT COLECTION, MEDIATION
The attorneys at our law firm have extensive practice in litigation. We have accumulated over the years solid experience and routine in litigation and as a result we provide the highest level of legal services for our clients.
Murgova and Partners Attorneys at Law has a well-trained and highly-qualified team of 8 litigation attorneys, offering wide-ranging opportunities to deal with the legal challenges of companies, institutions and individuals in litigation, arbitration and mediation. Leading attorney of our practice in this area is the managing partner Petya Murgova, lawyer with 29 years of successful litigation experience.
We undergo a careful and thorough analysis of every case that is likely to go to court, in order to assess the chances of it being successful there. We always make a pre-assessment of every case as to whether a successful judicial intervention can be conducted, whether it is suitable for arbitration or mediation. Although we always seek to avoid litigation and arbitration for our clients through negotiations, our company is always ready to provide high-quality litigation assistance in courts, arbitration and special jurisdictions in the settlement of civil, commercial and administrative disputes.
Murgova and Partners Attorneys at Law defends the interests of both large multinational companies and Bulgarian businesses, institutions and ministries in court cases. More often than not, the successfully conducted defense and final court decisions create new case law in cases relevant to the development of law and business. Our litigation practice has been distinguished by the Legal 500 as one of the most successful in Bulgaria.
Some of our attorneys are arbitrators in representative and respected arbitration courts, have experience in international arbitration, which is an extra advantage for our clients.
The high success in case management is the result of solid experience, high level of professionalism and preparedness in the relevant area of law, personal involvement and creativity of our team in the preparation of each case, as well as during the trial.
Our successful practice in collection of clients’ receivables is always preceded by a careful assessment of the possibilities for settling and securing the claims, which guarantees easy and quick collection after a positive judgment is rendered. We have excellent partnerships and coordination between the work of the case management team and the work of private enforcement agents in the enforcement and recovery of claims.
Murgova and Partners Attorneys at Law provides its clients with flexible solutions for the protection of their interests in dispute resolution proceedings, including, but not limited to, litigation, domestic and international arbitration and specific jurisdictions. We make a preliminary thorough legal analysis (pre-assessment) of each of your cases before proceeding with the choice of winning strategy and choosing the best one, depending on the specifics of the relevant case method of dispute resolution.
Our team has a vast experience in all areas of legal representation – civil, commercial and labor cases, proceedings for admission in Bulgaria of foreign court and arbitration awards. Our attorneys have solid experience in company litigation proceedings and arbitration when it comes to corporate, industrial, finance and administrative claims, complex corporate cases, which include consultations before litigation proceeding, preparation and provision of all kinds of corporate litigation proceedings, insolvency, labour disputes.
The law firm offers legal protection and assistance in the following disputes:
We provide our clients with in-depth and successful solutions in resolving any type of commercial disputes, breach of contracts, disputes between partners etc. Our solid experience in resolving commercial litigation disputes is a result of the combined efforts of our respective business law team members and our litigation team.
We represent employers and employees in any litigation, such as protection of confidentiality and trade secrets.
We have a vast experience in medical malpractice litigation and medical malpractice cases – both on the part of the patient and on the part of the doctors and medical institutions.
We have a highly trained team in the field of tax cases. Our law firm successfully manages tax matters by carefully and thoroughly preparing with our proven partner accountants and auditors. We provide legal representation at all stages of tax proceedings.
We have a long-term experience in the field of excise legislation – we provide legal advice and prepare analyzes, carry out legal representation in appealing against administrative acts, issued by the customs authorities for the collection of excise duty, the refund of excise duty, as well as for the appeal of orders for compulsory collection of excise duties, public claims and penal decrees.
We have consulted and have experience in litigation on extremely serious, emotional and claims with high value related to changes in the ownership of family companies, claims for inheritance and divorce, disputes between shareholders and partners in companies related to family companies and investment firms and investment funds, including private funds.
We understand that cases in this area can have a serious reputation risk, even if the amounts at issue are not particularly large. We are aware of the particular sensitivity and delicacy that can arise in private wealth disputes. Our attorneys are experienced in dealing with these delicate and sensitive cases related to starting and transforming a family business. Our experience and excellent reputation are a guarantee that our private clients will receive the best legal advice and assistance.
We have a long and extensive experience in representing our clients before the Competition Commission. Thanks to our excellent handling of national competition law, as well as our thorough knowledge of the case law of the European Court of First Instance and the Court of Justice of the European Union, we provide our clients with the fullest possible protection. Our team combines the competencies of our professionals in the area of litigation, commercial law and competition, which results in protecting our clients’ interests in the most effective way. Our practice in conducting cases under the Law on Public Procurement is extremely successful.
We handle numerous cases in the field of construction and transport, real estate, for damages or non-performance of contractual obligations.
The attorneys at the law firm also have solid experience in the legal representation of Bulgarian and foreign legal entities before the arbitration courts in Bulgaria and before international arbitration courts.
We also assist and advise our clients in the preparation of out-of-court settlement agreements, with extensive experience in mediation and other forms of alternative dispute resolution.
MEDIATION AS AN OPPORTUNITY
Mediation provides a unique opportunity to resolve the dispute and save the time and money unlike the long and exhausting litigation proceedings.
It is a unique procedure managed by the parties. It is recommended where the law is on your side, but you do not have sufficient convincing evidence to stand in court or when you are still in business relations with your partners.
Mediation can be combined with arbitration – med-arb or arb-med arbitrage, and produces excellent results.
Each of the parties in a dispute may turn to a mediator or mediation center to initiate a mediation procedure and to initiate it, the other party in the dispute must agree to participate. The court may also make a proposal to resolve the dispute within mediation procedure.
Mediation is conducted with the participation of the parties and one or two mediators. Attorneys of the parties may also participate in the mediation procedure. In some cases, other consultants, experts, as well as representatives of the parties may be involved, instead of or along with the represented party.
it is usually carried out with the participation of the mediator and both arguing parties. It may also be attended by consultants of the parties (lawyers, etc.). During the first meeting, the parties set out their positions and discuss the issues at stake.
may be both joint – with the other party, and individual mediator meetings with each party. The information shared during the individual meetings is and remains confidential.
Prior to signing an agreement, the parties may hold joint or separate meetings with the mediator, at which the terms of the agreement reached, will be specified.
after the mediation is completed, upon reaching an agreement, the parties sign an agreement to settle the issues in dispute with the other party. Depending on the subject matter of the dispute, the parties may conclude the agreement verbally or writing in writing with notarized signature.
Principles of mediation:
Mediation starts at the request of the parties and continues as long as the parties consider it necessary.
Everything discussed during the mediation, as well as the documents submitted by the parties in the procedure, are confidential and cannot be disclosed by participants in it without the express consent of the party that provided the information. Confidentiality guarantees are privacy and confidentiality declarations signed by the participants and, in addition, the mediator is not entitled to testify in a possible litigation on the same dispute.
A mediator is an independent, neutral and impartial expert who helps the parties to overcome tensions and communicate more easily, restore communication and carefully evaluate each party’s interests and needs, help them achieve the most profitable and realistic solution in common.
The mediation procedure is conducted in one or several meetings, depending on the specifics of the case. Usually, after several meetings, it becomes clear whether the dispute can be settled by agreement or not.
Time is money and mediation saves time and since the time to settle a dispute is short, the fee that the parties pay for mediation is usually small compared to the usual cost of resolving a dispute that lasts for years.
The procedure is conducted according to the rules established jointly by the parties and the mediator and at a time and place convenient and acceptable to all parties.
The parties themselves determine and direct the proper resolution of the dispute between them so that it is in their interests, which is why both parties are usually satisfied with the outcome.
“Dispute belongs to the disputants” said Confucius, which is why we believe that with the right intervention of a really good mediator, the parties can find the best way out of any dispute, preserve their morals and nerves, save time and money, as well as to maintain their personal and business relationships.
Murgova and Partners Attorneys at Law has a solid experience in the application of national and European law in the field of dispute resolution and negotiation. We offer mediation as a flexible and additional opportunity to resolve your dispute, regardless of its nature.