MIHAELA MARAVELA

PARTNER

Phone

+40 728 109 570

e-mail

mihaela.maravela@mcblaw.ro

LANGUAGES
Romanian, English, Spanish

PRACTICE AREAS

  • Intellectual property
  • Domain names
  • Arbitration and court disputes
  • Corporate and M&A

HIGHLIGHTS

Mihaela is an experienced arbitration practitioner, with expertise in intellectual property, M&A, financing, oil&gas, construction and environmental matters. She has acted as counsel under the ICSID, UNCITRAL, ICC, VIAC, WIPO and CICA Rules.

Mihaela sits as arbitrator with the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CICA) and VIAC. She receives appointments in commercial arbitrations. She is also an experienced domain name panelist with the WIPO Arbitration and Mediation Center of Geneva where she solved almost 300 disputes.

Named a Future Leader in Arbitration – Partners Chapter for 2018-2021 by WWL and GAR. Ranked as a Global Leader in Arbitration for the 2022-2024 edition. Featured in the 2017 and 2022-2024 editions as Who’s Who in Trademarks.

Mihaela is also experienced in large transactions and consultancy work in various business sectors such as M&A, general corporate matters, banking & financing.

SELECTED ASSIGNMENTS

• Successful representation of a large and well-known retailer of furniture, home appliance, interior and exterior decoration and other household products, currently having an extensive European presence in an WIPO expedited arbitration with the seat in Vienna; obtaining full dismissal of allegation of bad faith registration of the domain name used for online sales by the client.

• Successful representation of a well-known retailer of furniture, home appliance, interior and exterior decoration and other household products, currently having an extensive European presence in obtaining a provisional suspension of the enforceability of the injunction issued by the first court against the client until the solving of the request for suspension by the appeal court (and obtaining final dismissal of the injunction in appeal).

• Successful representation of a large German based seller of accessories and spare parts for scooters in a domain name dispute before WIPO in Geneva, obtaining, before a three member panel, the full admission of its claim against a bad-faith registrant abusing the client’s prior trademark rights; the losing party filed the first known challenge of a WIPO decision concerning a .ro domain name with the Bucharest courts, where Mihaela represented the client and obtained final dismissal of such novel challenge.

• Member of the Romanian law team (at an arbitration law firm in Romania) successfully defending the Romanian state in a complex ICSID dispute over an investment claim concerning the alcohol market, handling complex legal issues of enforcement of excise duties in the spirits sector and authorisation related procedures in this area.

• Solved over 200 disputes under the UDRP Rules as a panelist with the WIPO Arbitration and Mediation Centre in Geneva.

SELECTED PUBLICATIONS

• Co-author of “Practical Insights on Anti-Suit Injunctions” and “Practical Insights on Anti-Arbitration Injunctions”, in Kluwer Arbitration Practice Plus, Joshua Karton, Simon Greenberg, Fan Yang (eds), Wolters Kluwer, 2021.

• Author of “Applicable Law in Domain Name Arbitrations”, in Romanian Arbitration Journal, no. 1/2021.

• Co-author of “Applicable Law to Arbitration Agreement and No Oral Modification Clause: Case Note on the Decision of the England and Wales Court of Appeal”, in Contemporary Asia Arbitration Journal (ESCI), (Vol. 13, No. 2), 2020.

• Co-author of “The new generic Internet domain names. Considerations from the practice of solving generic Internet domain name disputes under UDRP”, in the Romanian Journal of Intellectual Property Law no. 1/2017.

• Author of Chapter 7.02, “.RO Domain Name Disputes in Romania” in: Arbitration in Romania, a Practitioner’s Guide, Crenguta Leaua and Flavius A. Baias (eds), Wolters Kluwer, 2016.

• Co-author of “Case law benchmarks on the defence of the personal name protected as trademark”, in the Romanian Journal of Intellectual Property Law no. 1/2014.

• Co-author of “Internet domain names”, in the Romanian Journal of Intellectual Property Law no. 1/2012.

• Co-author of “Trademarks for Medicine. Choice. Special conditions, relevant public”, in the Romanian Journal of Intellectual Property Law no. 2/2011.

SELECTED CONFERENCES

• Reader during 2015-2020 at the LLM Programme “International Commercial Arbitration” organised by the Law School of the Bucharest University, with a lecture on Intellectual Property and Arbitration: UDRP disputes.

• Speaker at the International biennial conference, XI Edition, organised on 29 October 2016 by the Law School of the West University of Timisoara, with a presentation on: “New Internet domain names: looming of a new practice of solving UDRP disputes”.

• Speaker at the National Conference of commercial law, organised on 13 June 2015 by the Law School of Babeș-Bolyai University – Cluj, with a presentation on: “Considerations on sale of internet domain names”.

• Speaker at the International Conference: Modern trends in international commercial arbitration, organised on 7 September 2012 by the Law School of the Bucharest University, with a presentation on: “Internet domain names disputes and ADR; other ADR for intellectual property rights”.