• PRACTICE AREAS
  • International Arbitration

Madalina Dumitrescu

Madalina has a strong international arbitration and litigation practice specialising in complex commercial dispute resolution, energy and natural resources, construction, sale of goods, and civil fraud. Madalina also advises successful entrepreneurs in relation to white-collar crime matters with multi-jurisdictional ramifications involving extradition measures and claims before the European Court of Human Rights. Her practice also focuses on a wide range of issues, including advising ultra-high-net-worth individuals, international families, and their businesses, in estate planning, wealth management and financial structures.

Madalina also has vast experience acting for individuals on reputation management, employment, property and art matters. She has advised foreign investors on various privatisation and inward investment projects.

Madalina’s strong dispute resolution experience covers dispute prevention, which enables her to identify potential issues before they occur where she is well placed to assist.

In addition to representing her clients, Madalina acts as arbitrator.

RECENT REPRESENTATIONS

  • Advised European investors in connection with potential investment treaty arbitration dispute against a European State.
  • OMV Petrom SA v Glencore International AG [2015] EWHC 666 (Comm). Successful representation of claimant in dispute over fraudulent supply of crude oil cargoes. Obtained favourable award of nearly $100 million, including interest. This case was recognised as one of the Top 20 cases in 2015 to appear before the London courts.
  • OMV Petrom SA v Glencore International AG [2016] EWCA Civ 778. Successful representation of claimant in resisting appeal brought by respondent. This was a breakthrough decision on the measure of damages in deceit: OMV Petrom SA was entitled to the difference between price paid and true value as at the transaction date and the fraudster’s damages were not reduced due to post-transaction events, turning out better than the hypothetical purchaser would have anticipated.
  • OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195. Successful representation of claimant in appeal concerning the interest the court might award when a claimant’s CPR Part 36 offer was rejected, but the claimant later achieved a greater award at trial. Obtained landmark judgment establishing the court’s powers to award enhanced interest for improper or unreasonable conduct on the part of a litigant.
  • Acted for major European energy company in multiple arbitration proceedings seated in London and Paris in connection with multi-million dollar contractual disputes.
  • Successful representation of major Swiss oil trader before the Court of Appeal (having previously represented the client in the High Court against a major trader based in Switzerland).
  • Advising Romania in relation to the recovery of its international assets in respect of hundreds of enforcement matters throughout a period of over 10 years.
  • Acting for the shipping arm of a State entity in connection with arbitration proceedings arising out of the breach of agency agreements.
  • Successful representation of major Swiss oil trader in considerable London-seated dispute under the ICC Arbitration Rules.
  • Representation of high-net-worth businessman in complex extradition matter involving a European Arrest Warrant.
  • Representation of major businessman in proceedings before the European Court of Human Rights.
  • Advising high profile international families on the purchases of both landed estate and residential property in London, as well as employment, tax planning structures, art and reputation management matters.

Before joining Constantine Cannon, Madalina spent 10 years with Withers LLP, including 7 years as a litigation and arbitration partner.

On a personal note, Madalina used to play tennis professionally and represented Romania internationally. She now enjoys following tennis, opera, Formula 1 and Polo.

Madalina also has a keen interest in art and has received a certificate from Sotheby’s Institute of Art in History of Art, Part 1: Old Masters to the Rococo, History of Art, Part II: Classicism to post-impressionism and Art Business Today: Navigating a New Economic Environment.

 

Madalina Dumitrescu's Publications & Speeches

Jul182018
New Institution Designed Exclusively for Resolving Art-Related Disputes Through Arbitration Launches in The Hague

London partner Madalina Dumitrescu and associate Laurie Frey co-author article with Roderick Cordara QC about the new Court of Arbitration for Art (July 18, 2018)....

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Jul32018
Be Careful what you wish for when it Comes to Including Luxury Hotel “Industry Experience” as an Arbitrator Qualification

London Partner Madalina Dumitrescu, with associate Laurie Frey and Roderick Cordara QC (July 3, 2018). Click here to read the note.

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Jun72018
Iran Sanctions: Can the EU go it Alone?

with Peter Caldwell (June 7, 2018). Download Here.

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