This service covers disputes arising from energy trading and supply relationships: non-payment, delivery disputes, defaults, collateral calls, and termination. We build the contract and evidence file first, then support negotiation and procedural options (interim measures, claims, defence).
The information is general and does not replace legal advice. Facts, documents and chronology matter.
When you need this
- A counterparty missed payments or disputes invoices under a supply or trading contract.
- There is a dispute on delivery volumes, metering, nominations, or reconciliation.
- You face a default notice, termination notice, or accelerated payment claim.
- Collateral was called (guarantees, letters of credit, margin) and you need to assess validity and response.
- Price or indexation disputes arise due to market volatility or contract wording.
- Force majeure or hardship is invoked and you need to evaluate conditions and evidence.
- You need an enforceable settlement draft that does not create future ambiguity.
What we do in practice
- Review contract architecture (master agreement, annexes, confirmations, general terms) and identify controlling documents.
- Build a factual chronology: deliveries, invoices, notices, collateral calls, and key communications.
- Clarify claim types: payment, damages, contractual penalties, set-off, termination effects, restitution.
- Assess evidence needs (metering records, market data, correspondence, witness, expert) and preserve it.
- Draft notices and formal letters: default, cure, suspension, termination, and reservation of rights.
- Support negotiations and settlement drafting with clear waiver and confidentiality language.
- Prepare litigation or arbitration strategy: forum, urgency measures, and enforcement considerations.
Documents / information useful for the first review
| Document | Why it matters | Notes |
|---|---|---|
| Master agreement plus annexes and confirmations | Defines rights, remedies, and termination mechanics | Include all versions and amendments |
| Invoices and reconciliation statements | Basis for payment claims and disputes | Include calculation method and annexes |
| Delivery evidence (metering, nominations, schedules) | Supports facts on performance and reconciliation | Export full period with identifiers |
| Notices (default, cure, termination) and responses | Triggers remedies and deadlines | Preserve originals and proof of delivery |
| Collateral documents and calculations | Explains credit triggers and disputed calls | Include notices and calculation worksheets |
| Communications and meeting notes | Completes chronology and clarifies positions taken | Keep full threads and attachments |
| Payment history and set-off records | Supports amounts in dispute and defenses | Include bank statements and accounting entries |
Risks and frequent mistakes
- Missing notice requirements and deadlines in the contract.
- Terminating without meeting contractual conditions, triggering counterclaims.
- Paying or accepting reconciliation without reservation of rights.
- Using settlement language that unintentionally waives future claims.
- Not preserving evidence (data exports, logs, original communications).
- Ignoring late payment rules and interest or penalty mechanics.
- Starting litigation without quantified claims and an evidence plan.
FAQ
How fast can we assess a default and options?
The first step is to identify the controlling contract documents and required notices. With the key documents and a short chronology, we can outline immediate options and risks (cure periods, suspension, collateral, interim measures).
What is the safest way to negotiate without losing rights?
Negotiations should be framed with a clear written reservation of rights and careful settlement language. The aim is to enable practical resolution without implied acceptance or waivers.
Can we claim interest and costs for late payment?
Often yes, depending on the contract and the applicable legal framework. The claim should be quantified based on the agreed interest or penalty clause or on statutory rules where relevant.
When do interim measures make sense?
If the risk of dissipation or operational harm is real and evidence supports urgency, interim measures may be an option. The decision depends on the facts, the forum, and evidence strength.
What if the counterparty is abroad?
We review jurisdiction, governing law, service requirements, and enforceability early. Cross-border disputes benefit from a clear strategy on notices, evidence, and enforceable settlement terms.
Internal links
- International contracts: clauses that decide the dispute
- Debt recovery strategy (RO)
- Legal fees (guide)
- Contact lawyer
Sources
- Romanian Energy Law no. 123/2012 (electricity and natural gas)
- Romanian Civil Code (Law no. 287/2009)
- Romanian Code of Civil Procedure (Law no. 134/2010)
- Law no. 72/2013 (late payment in commercial transactions)
- Regulation (EU) 2019/943 (internal market for electricity)
- Regulation (EU) No 1227/2011 (REMIT)