Studio Braka Partners & Associates

The Law Firm FATMIR BRAKA, PARTNERS & ASSOCIATES “FBPA” was established in year 1992 and ranks among the top law firms in Albania.

In a complex, constant evolving legal environment, we provide straightforward and pragmatic advice to clients seeking practical legal solutions.Our firm is particularly noted for its expertise in litigation, corporate compliance and in advising individuals and companies on business and tax crime issues. Few firms can match the length and depth of our experience in these areas.

FBPA is widely recognized for its strong litigation practice, founded on the skills of its members and their experience in a wide area of legal matters. The firm advises large foreign and Albanian groups. As a result of more than 20 years of continuous judicial and litigation experience, our Firm knows how Albanian judges think and how best to anticipate their actions. Moreover, our academic involvement keeps us constantly abreast of the latest legal and political developments.

Our strong reputation as a top-quality independent law firm stems from our recognized ability to handle large, complex transactions and to provide creative and effective legal advice.Having made the choice to provide tailor-made advice, we are keen to know our clients and their environment as much as possible, which implies a relationship based on trust, built-up in the long run together with a strong and exclusive intuitu personae.

Our independence guarantees our excellence, our flexibility, our pugnacity in the defense of the interests of our clients, and it prevents conflicts of interest. As such, we preserve a strong identity and the quality of our involvement whilst partnering with alike lawyers in other fields of expertise or abroad.

Our team is ready to meet your needs in Albania in all major business law practice areas:

Our Practice

LITIGATION

Since its inception, the litigation practice has been a cornerstone of FBPA. The firm has attained the best national reputation for its trial and litigation practice.

We have extensive experience in civil, commercial, administrative and criminal litigation, and other forms of dispute resolution. Our attorneys regularly handle complex and financially significant matters before administrative, First Instance trial; Appeal Courts, Albanian Supreme Court, as well as in front of the Albanian Constitutional Court. Clients have entrusted the Firm to try their most important disputes to verdict. We work for foreign and Albanian public and private companies, financial institutions, reputable Banks, entrepreneurs and individuals, and the team has successfully represented clients in a wide range of disputes ranging from corporate and commercial disputes to business crime defense.

Using their substantive knowledge and well-honed advocacy skills, our litigators work to resolve the dispute, while always striving to control costs and to find the solution which best suits the client’s needs. We have the resources to handle large actions, and the experience and expertise to handle smaller cases efficiently.

Matters are always evaluated at the onset to determine if litigation can be avoided, or, if it is instituted, whether the issue can be resolved promptly. We strive to keep our clients fully apprised of the proceedings and work closely with them in all strategic decisions.

ADMINISTRATIVE LAW

The administrative law practice of FBPA includes a wide range of administrative law and public policy matters, with a particular expertise in public tenders, authorizations and licenses. The team counsels on public works contracts and public procurement procedures, as well as public supply agreements. We advise both bidders and entities awarding public contracts.

Our assistance includes the preparation of all necessary documents and the creation of any legal structure needed to participate in tenders and undertake the project. We also represent clients in legal and/or judicial proceedings involving administrative matters. The team includes experienced litigators who are prepared to vigorously defend our client’s interests, while always working to find the solution which best suits the client’s business needs. Our Firm is widely known for its success in administrative litigation, especially in tax and custom duties matters, as well as in other fields of administrative issues.

The Firm’s experience covers a variety of industries, with a specific expertise in the construction, energy, oil & gas, transportation (airports and logistics centers), utilities, environmental, competition and healthcare areas.

COMMERCIAL AND CONTRACTS

FBPA specializes in commercial law, handling both the civil and criminal aspects of business and financial affairs. The Firm attends to the interests of Albanian & foreign companies, from start-ups to well established conglomerates. We regularly represent clients on the creation and organization of their business activities in Albania. Our team has a vast experience on drafting, negotiating and executing commercial agreements. Our attorneys work to create solutions which best meet the business objectives of the client and to build long-standing relationships. Many of our clients have been with us since the founding of the Firm and their own establishment in Albania. It is the close relationship between us and the clients, which enables us to obtain a profound understanding of the client’s business which results in cost-benefits and more effective legal representation.

CORPORATE AND M&A

The Firm and our attorneys can readily advise on the entire spectrum of corporate matters. In particular, we assist clients with respect to entity formation, corporate governance and directors' duties and liabilities, group reorganizations, intra-group transactions, issues relating to share capital, and stock option plans.

FBPA has created a strong practice on merger and acquisition of foreign and Albanian commercial companies. Given the complexity of managing a business today, our attorneys are prepared to provide professional advice in formation and dissolving of entities, shareholder conflicts and governing and managing bodies.

Based on our deep experience, we help our clients identify creative options for the resolution of Corporate and Merger & Acquisition disputes, by providing clear and objective advice informed by an appreciation of our client’s commercial concerns.

CONSTRUCTION & REAL ESTATE

The construction and real estate practice of FBPA represents clients in connection with all facets of the acquisition, disposition, financing, development, leasing, and operation of all types of real property. Our clients include owners and lenders, construction companies, general contractors and subcontractors, and engineers.

The team frequently counsels clients on legal issues connected to construction and engineering, as well as land use, zoning, permitting and related matters. We also help address the environmental issues which can arise in the construction and real estate arena.Our services include purchase and sales agreements, drafting and negotiating contracts for works or for supplies of services, advising at the tender stage for the acquisition of new contracts in Albania, submitting and defending claims during execution of the work, and assisting in dispute resolution, litigation and up to the execution of the Court decision.

EMPLOYMENT, LABOR LAW

Since its creation, FBPA has been presented as the top ranked Albanian law firm, of which practice of Labor and Employment Law, has involved the interpretation and application of the rules, governing the relationship between employees and their employers. Through the years, the Firm has successfully represented corporations, commercial companies, unions or individual employees.

The litigation experience of our Attorneys in conflicts regarding employment and labor law, and the rate of success in such litigations, makes FPBA the best choice for potential clients, corporate or individuals.

Our clients have trusted us on defining the legal basis, drafting of contracts and employment agreements, up to the smooth resolution of any dispute created between the signatory parties in such agreements. The Firm’s multidisciplinary L&E team is especially strong in both employment litigation and traditional labor matters. Our resources within the Firm allow us to bring the best of the practice to every client engagement.

ENERGY

As today’s challenging environment required businesses involved in the energy industry or non-energy businesses confronted with energy issues to seek new opportunities and more creative solutions, our Firm does actually assist and legally represent owners, operator, developers, lenders, investors and consumers in matters related to energy issues in Albania, such as oil and gas, power and electric, mining of natural resources, alternative energy, and more.

Our energy practice delivers the combined legal experience of a multi-disciplinary team of lawyers together with an in-depth understanding of the commercial and technical aspects of the energy industry to bring transactions, regulatory proceedings, and disputes to successful completion.

Our lawyers understand both the traditional principles and evolving trends that apply to established and emerging energy industry participants, which allows us to help our clients stay in front of (rather than just reacting to) the changes, small and large, that face the industry.

CRIMINAL LAW

At FBPA, the experience in criminal law and handling of criminal defense cases in front of the Albanian prosecution office and Albanian Courts constitutes one of the strongest parts of our professional activity. When it comes to criminal cases, we recognize that our clients need an experienced criminal attorney at any time of the day or night. To best serve you, our team has the necessary resources and availability for representing the client’s interests at all times.

When arrested and charged with a criminal offense, it is extremely important the hiring of skilled legal representation in the soonest time. The Firm, for the best protection of its client’s rights and interests, is prepared to provide the legal aggressive defense required by the client, in order to safeguard his future.

ENVINRONMENTAL LAW

FBPA has evolved into a substantial experience representing clients in environmental, health and safety matters. Our experience in working with scientific experts and undertaken projects regarding the environment and the legal frame thereof, attests the Firm’s success in this area.

Our attorneys represent commercial companies as clients in environmental issues brought before the administrative, civil and criminal courts. We regularly litigate disputes arising from the manufacture, handling, sale and disposal of hazardous or potentially hazardous substances. We also provide many clients with general advice on compliance with environmental laws relating to such areas as waste disposal, water discharge, air emissions and hazardous substances.

During the years 2012 – 2013, Fatmir Braka, Partners & Associates, was chosen by the Ministry of Environments, Forests and Waters Administration as the Legal Consultant for the drafting of the new Albanian Law “On Forests & Pastures”, a major project to be completed in late 2013 with the final presentation by the Firm, in collaboration with some of the best scientific foreign and Albanian experts, of the Draft Law, fully compatible with the EU current legislation.

BUSINESS CRIMES

Business crime is a broad term that encompasses many types of nonviolent criminal offenses involving fraud and illegal financial transactions. They include bank fraud, bribery, blackmail, counterfeiting, forgery, insider trading, money laundering, tax evasion, and antitrust violations.

Our attorneys at FBPA provide a wide-range of knowledge and expertise, designed to protect client’s interests in criminal and other investigations. When client’s legal needs move beyond business crimes and compliance issues, our attorneys can also provide them additional knowledge, experience, skills and services which may be required, from their full-service commercial law firms. We are very experienced in this complex and challenging field. For every client we represent, we bring to bear our renowned forensic skills in analyzing the prosecution case, and our fierce commitment to our clients’ interests and rights in presenting their defense. Our attorneys represent clients throughout the entire criminal process, beginning at the initial procedures in front of the Albanian state police, judicial police officers and Prosecutor’s sessions of hearings.

Each case involving allegations of fraud financial or business crime is run by an attorney with the right level of experience for it. Where needed, a team of attorneys is involved, but our client never loses access to the attorney handling his or her case as the first point of contact.

FAMILY LAW

Family ties are thought to be the most private and enduring relationships in society. As most can attest, however, these relationships are rarely free from conflict. When domestic issues cannot be solved within the home, family law seeks to restore order and provide a fair solution for all parties involved. The breakup of a relationship is extraordinarily difficult on clients, both emotionally and financially, but grownups and children alike can and do survive separation and divorce. The legal issues that arise at this time are complex and important, involving choices and decisions.

The selection of a lawyer is one of the most important decisions the client will make. The choice can powerfully affect how your divorce moves forward. We recommend the client to take his/her time to find the right lawyer. We encourage our clients to interview us to determine if we are the right fit for them.

At FBPA, our Family Law team is headed by our Founding Partners and, the other members of the team have also many years of experience in the area of Family Law and regularly appear in front of the courts throughout Albania, in family law litigations. In all cases, our focus is on solving problems. As every situation is different, we will listen to you, discuss your options and provide advice which is practical and realistic. We aim to resolve disputes by negotiation as this gives you greater control and certainty of outcome. If court action is necessary we will explain how it works and what to expect, and we will surely provide the best service and results. Our specialists will be with you all the way.

INTELLECTUAL PROPERTY

Intellectual property law protects the rights relating to original creations of the mind, including artistic and written books, inventions and images, words and designs used in commerce. This area of law includes copyrighting, patents, trade secrets and trademarks.

At FBPA, our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in the Republic of Albania. Our intellectual property services include patent, trademark registration services, as well as other related legal services to the intellectual property. Our services include evaluating, structuring, negotiating and documenting agreements related to the licensing of intellectual property and the distribution of the products in the Republic of Albania.

When litigation becomes necessary, our team includes experienced attorneys who strive to resolve the dispute, always working to find the solution which defends the client’s interests and best suits their business needs. Attorneys at law at Fatmir Braka, Partners & Associates have considerable experience in investigating and successful representation of the clients in cases relating to intellectual property, in front of the courts, as well as in front of other administrative bodies. The Firm's attorneys have significant experience in handling such cases in courts and arranging amicable settlement of disputes. They have represented foreign and domestic clients, both plaintiffs and defendants in a number of landmark cases related to the infringement of rights of patent and trademark owners, appealing against government rulings, etc.

FOREIGN INVESTMENTS

As flows of capital from one country to another in exchange for significant ownership stakes in domestic companies or other domestic assets, is actually growing in Albania’s case, our Firm is also successfully handling the representation of foreign investiture’s interests in the country.

Foreign investment denotes that foreigners take a somewhat active role in management as a part of their investment. Foreign investment typically works both ways, especially between countries of relatively equal economic stature. Fatmir Braka, Partners & Associates has a good experience in advising and assisting foreign investors to invest in Albania. We specialize in helping our investor clients by providing services ranging from negotiating with regulatory authorities, to making specific contracts to manage various types of business risks.

Our attorneys have advised investors investing both equity and debt and other hybrid instruments. We have worked with both small and large investors. In these areas, we provide expertise in: Company Establishment, Joint Venture, Regulatory Approvals, Share Purchase Agreements, etc. Our aim is to make sure that you investment in Albania is protected and secure; accordingly help you structure your deals accordingly.

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