With a legal career spanning over 17 years, 13 of which were spent at renowned law firms, Diana Adesman is the founder of the Adesman & Asociații law firm.
The decision to establish Adesman & Asociații came naturally, at a moment of professional maturity, with Diana aiming to offer clients an authentic and reliable partnership, based on solid professional training and robust practical experience.
Her professional experience encompasses both complex domestic and international litigation, including commercial arbitration, as well as legal consultancy across various areas.
Diana thus offers a comprehensive and valuable perspective for clients, based on detailed analyses and well-founded strategies.
The passion for solving complex cases, for putting together all the pieces of the legal puzzle, analysing them thoroughly and finding the most appropriate legal solutions for clients represents the cornerstone of every coordinated project.
Firmly committed to providing legal services of excellence and always dedicated to the success of her clients, Diana distinguishes herself not only as a lawyer, but also as a trusted partner in all legal endeavours.
Dispute resolution: Litigation and arbitration
Diana has extensive experience in dispute resolution as a litigator, covering a wide range of complex litigation arising from private and public law relationships. In administrative litigation (contencios administrativ), Diana has provided and continues to provide legal assistance and representation both in pursuing prior administrative complaint procedures to challenge administrative acts and before the administrative courts in respect of complaints, challenges or, as the case may be, the revocation, suspension of enforcement and annulment of administrative acts (normative or, as the case may be, individual), including the annulment of tax assessment decisions (regarding deductions, taxes, contributions etc.), of decisions refusing VAT refunds, and of acts concerning precautionary (conservatory) measures etc.
Diana provides assistance and representation in public procurement litigation, energy and natural resources disputes, domestic and international arbitrations, and regulatory and investigation proceedings in Romania. The innovative vision of the team she leads has led the courts to accept its arguments in numerous cases, and has even influenced legislative changes in the energy and tax sectors.
Energy, Natural Resources and Sustainability
In terms of advisory work, Diana covers a wide range of legal aspects in the energy, natural resources and sustainability sector. These include regulation and compliance (including competition law aspects), obtaining the necessary permits, licences and authorisations, legal due diligence reviews, drafting and reviewing contracts for the generation, transmission, supply and distribution of electricity, long-term power purchase agreements (PPAs), concessions, project financing and development.
Real Estate, Construction and Infrastructure
In a constantly developing real estate market, Diana has been involved in some of the largest transactions in Romania. Her real estate, construction and infrastructure practice covers complex legal aspects in sectors such as renewable energy investments, transport and infrastructure, real estate acquisitions and leases. Diana provides legal assistance and representation for the implementation and development of real estate projects, including wind farms and photovoltaic parks, and also provides assistance in litigation and arbitration regarding disputes arising from FIDIC contracts.
Corporate & Commercial Law and Mergers & Acquisitions
Diana provides legal advice on complex corporate operations, the design of reorganisation plans, the drafting and negotiation of shareholders' agreements, assistance in disputes between shareholders or members, and the preparation of commercial contracts, including in matters of corporate governance.
Family Law
Diana has significant experience in the field of family law, providing specialist legal assistance in cases of divorce, the exercise of parental responsibility and the division of matrimonial property. She handles family disputes with professionalism and sensitivity, ensuring that her clients' rights and interests are protected throughout the entire process. From initial advice to court representation, Diana offers legal solutions tailored to each client's individual needs, contributing to the amicable or judicial resolution of family disputes.
Flagship projects:
Administrative law disputes
- Legal assistance and representation of various renewable energy producers in various administrative and tax litigation cases concerning the annulment of acts issued by regulatory authorities, as well as claims of approx. RON 20 million, representing sums paid as additional tax, namely the Contribution to the Energy Transition Fund;
- Legal assistance and representation for the Romanian subsidiary of one of the largest international energy suppliers in a series of complex disputes concerning amounts claimed as building tax on wind turbine support towers (worth over EUR 38 million);
- Legal assistance and representation for a group of companies operating on the energy market in a series of tax disputes (over 40) concerning the annulment of a decision of the Central Tax Commission (affecting the classification of wind turbine towers as buildings and their resulting taxation) and the annulment of the subsequent tax administrative acts issued by various local public authorities, which imposed on the companies obligations to pay substantial sums as building tax on wind turbine support towers (worth over EUR 40 million);
- Legal assistance and representation for Romania's leading electricity producer and principal provider of the necessary technological services in several complex disputes relating to hydrotechnical construction contracts, both before the Romanian ordinary courts and before the High Court of Cassation and Justice;
- Legal assistance and representation for a Kazakh investor in hydrocarbon exploration, production, refining and transport operating in Romania in complex civil litigation regarding the annulment of acts issued by public authorities;
- Legal assistance and representation for a company belonging to the local leader in dairy production in a complex tax dispute concerning the annulment of a decision assessing additional tax on the grounds that certain intra-group services were not recognised as deductible;
- Legal assistance and representation for one of the largest international concrete safety barrier manufacturing companies in a series of public procurement litigation cases before the National Council for Solving Complaints (CNSC) and the Bucharest Court of Appeal;
- Legal assistance and representation for a private company in a complex dispute regarding the suspension of enforcement of a decision of the President of the National Energy Regulatory Authority, whereby the authority approved overcompensation of over 53 million lei for high-efficiency cogeneration of electricity and heat;
- Legal assistance and representation for a banking institution in complex litigation against the Romanian State, concerning the annulment of a decision issued by the Bucharest Regional General Directorate of Public Finances, which sought the annulment of the administrative act ordering the registration in the land register of the Romanian State's right of ownership over certain properties on which the client held a mortgage;
- Legal assistance and representation for a private company in a series of proceedings concerning the suspension of enforcement and annulment of tax-administrative acts issued by the National Agency for Tax Administration with a view to establishing significant payment obligations for the client by way of corporate income tax and value added tax.
- Legal assistance and representation for a private company in a complex dispute concerning the annulment of administrative acts issued by the Romanian Court of Accounts against the client, whereby the latter was ordered to recover substantial sums of money.
- Legal assistance and representation for a group of companies in the waste management sector in complex litigation concerning damages under municipal waste service delegation contracts and, where applicable, the annulment of administrative acts issued by local authorities or an administrative contract.
Commercial disputes
- Legal assistance and representation for a minority shareholder in complex corporate law litigation concerning the recovery of a sum of approximately 25,000,000 lei in connection with one of the largest Cash & Carry companies in Romania;
- Legal assistance and representation for a banking institution in a dispute concerning the recovery of a sum of approximately EUR 1 million, pursuant to a series of loan agreements concluded between the client and a real estate developer;
- Legal assistance and representation for a major real estate developer in a complex litigation concerning claims based on the management of a property located in Bucharest, valued at approximately EUR 10 million;
- Legal assistance and representation for a private company in major corporate law litigation regarding the annulment of resolutions passed by the company's general meeting of shareholders;
- Legal assistance and representation for a banking institution in various disputes concerning, essentially, the annulment of a sale and purchase agreement and of mortgage contracts regarding a property valued at approximately EUR 2 million.
- Legal assistance and representation for a group of companies operating on the furniture and decorations market in various litigation cases involving claims amounting to approximately RON 11 million;
- Legal assistance and representation for a commercial developer in insolvency litigation concerning a claim of approximately 1.8 million lei, as well as for legal assistance and representation in litigation before arbitral tribunals for the recovery of significant sums of money.
Property law disputes
- Legal assistance and representation for an Italian investor in complex litigation regarding the defence of the right of ownership over a property with an area of over 41,000 sq m;
- Legal assistance and representation for various individuals in difficult litigation regarding claims for recovery of possession (revendicare) of properties of substantial value, under the general law or, where applicable, under special restitution laws;
- Legal assistance and representation for a private company in complex disputes regarding property law, annulment of subdivision deeds, annulment of cadastral documentation, and rectification of land register entries.
- Legal assistance and representation for a banking institution in a dispute seeking a court judgment in lieu of an authenticated sale and purchase agreement;
- Legal assistance and representation for a company operating logistics services in a complex property law dispute concerning its headquarters.
Insolvency litigation
- Legal assistance and representation for a banking institution in proceedings concerning challenges brought by alleged creditors against measures ordered by the debtor's judicial administrator in insolvency proceedings, seeking performance of obligations arising from over 65 preliminary sale agreements (antecontracte) for properties over which the client held a mortgage securing a claim of EUR 1.8 million;
- Legal assistance and representation for a banking institution in a dispute concerning a challenge to the client's claim of approximately 14 million lei, as entered in the preliminary table of claims drawn up in the insolvency proceedings;
- Legal assistance and representation for a banking institution in a dispute in the insolvency proceedings of the debtor company, for the recovery of a claim of approximately 13 million lei;
- Legal assistance and representation for a banking institution in a dispute in the bankruptcy proceedings of a major real estate developer, with a view to recovering an amount of approximately 25 million lei.
Employment Litigation
- Legal assistance and representation for a group of pharmaceutical companies in complex employment law litigation initiated by former employees, challenging the termination of their individual employment contracts and claiming pecuniary and non-pecuniary damages;
- Legal assistance and representation for a banking institution in complex employment law litigation initiated by former employees, challenging the termination of their individual employment contracts or the abolition of their positions, and claiming compensation.
- Legal assistance and representation for a major IT company in employment law litigation brought against former employees, seeking orders requiring them to pay pecuniary and non-pecuniary damages.
Other projects
- Member of the legal team selected by the Ministry of Justice to produce a legal analysis report on the impact and implementation of the New Codes (in civil and civil procedure matters);
- Assistance and representation of several individuals in civil law disputes concerning actions for the annulment of, or challenges against, decisions issued by the Romanian College of Physicians, the National Council of the Romanian Order of Nurses and Midwives, and the Monitoring and Professional Competence Commission for Malpractice Cases of the Bucharest Public Health Directorate in relation to medical malpractice cases, as well as in claims for damages based on tortious liability for medical malpractice.
Commercial and investment arbitration
- Legal assistance and representation for the Romanian subsidiary of a leading company on the international construction market in two ICC arbitration proceedings arising from FIDIC Red Book contracts concerning a road infrastructure rehabilitation project in Romania;
- Legal assistance and representation for one of the leading international construction and civil infrastructure companies in the enforcement proceedings in Romania of an international arbitral award concerning claims of over EUR 6 million.
- Legal assistance and representation for an Italian global contractor in dispute resolution proceedings for multiple claims for damages arising from road infrastructure rehabilitation contracts in the Republic of Moldova, with claims exceeding EUR 5.5 million;
- Legal assistance and representation for a major construction and civil engineering group in complex dispute resolution proceedings relating to multiple claims arising from a national road rehabilitation contract in Romania, with a dispute value of over EUR 4.5 million;
- Legal assistance and representation for a Bulgarian company operating in the natural gas sector in an arbitration dispute with Transgaz, concerning claims upon the completion of a long-term natural gas transmission contract.
Energy & Mineral Resources
- Legal assistance and representation for the Romanian subsidiary of one of the world's largest energy suppliers regarding the acquisition of wind and photovoltaic projects in Romania, with a total capacity of over 200 MW, as well as legal assistance on various regulatory aspects;
- Legal assistance and representation for a major European renewable energy project developer in relation to the development, authorisation and sale of over 500 MW of photovoltaic projects in Romania;
- Legal assistance and representation for a major European renewable energy project developer in relation to the sale of wind farms totalling over 200 MW in Romania.
