Madalina Dumitrescu

Partner

Personal Profile

Madalina is a Partner in Mishcon Private. She is a dual qualified English solicitor and Romanian lawyer (Member of the Bucharest Bar) who acts for individuals, their families and corporate interests in respect of all their specific individual requirements including global commercial disputes, employment and reputation management matters. Madalina also acts as a trusted advisor for these clients setting up tailor-made teams of highly specialised lawyers advising on art, international tax and estate planning, corporate and luxury products.

She 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.

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

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

Key Experience

  • Acted for Petrom in OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 and Petrom v Glencore [2016] LLOYD’S REP.432 –an energy fraud litigation brought by the Romanian oil company OMV Petrom against Glencore regarding a dispute over fraudulent supply of crude oil cargoes in Romania in the mid-1990s. This was an important decision on the measure of damages in deceit: the claimant 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. The Judgment contains an interesting deliberation of the law of damages in deceit, and a detailed examination of the controversial decision of the Court of Appeal in Bence Graphics v Fasson [1998] QB 87. Madalina subsequently successfully upheld the Judges' award of nearly USD90M in damages, interest and costs in relation to Glencore's deceitful sales of counterfeit cargoes of crude oil [2015 EWHC 666 (Comm) and successfully obtained the appropriate rate of interest to be awarded on the judgment sum and on the costs following the rejection by the defendant Glencore International AG of the claimant's Part 36 offer.

  • Advised high profile individuals facing extradition and has drafted applications to the European Court of Human Rights related to these matters. Madalina has acted for high profile clients in relation to white collar crime matters involving politically motivated convictions including one of the highest profile cases in the Westminster Magistrates Courts in 2018.

Career History

Partner, Mishcon de Reya LLP
Partner, Constantine Cannon
Partner, Withers
Associate Solicitor and Romanian Lawyer, Ince & Co.
Trainee, Sinclair Roche & Temperley (part of Stephenson Harwood)
University of Cambridge, Hughes Hall College, LLM Degree
University of Westminster, LPC Degree
Ecological University of Bucharest, Faculty of Law

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