Dr Mari Agarmaa
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About me
As a Dispute Resolution senior associate, I specialize in the field of insolvency. I mainly protect the interests of creditors but also advise debtors and trustees in bankruptcy. In addition to litigation, this includes out-of-court advice and negotiations with various parties. From the preparation of the reorganization process to the bankruptcy proceedings, which in turn can involve very different types of legal issues. In practice, the most frequently raised issues are changes to the reorganization plan, protection of claims, repossession, exclusion of assets, transfer of the company, and liability of the company’s management bodies.
Professional highlights
Insolvency and civil law expert. Two master’s degrees and a doctorate in bankruptcy law make me one of the top experts in insolvency and, more broadly, civil law. This allows me to see the big picture, think out of the box and find solutions to difficult, non-standard situations.
Knowing German legislation. In addition to Estonian expertise, I can also provide best practices from German case law, having analyzed the principle of equal treatment of creditors on the example of Estonian and German bankruptcy law in my Ph.D. thesis. Knowledge of German legislation and case law is a major asset since Estonian judges often consider German case law when interpreting local provisions.
Improving legislation. I was commissioned by the Estonian Ministry of Justice to complete a report on how to improve the Estonian bankruptcy law. Many proposals in the report were taken into account and are now part of draft legislation.
Educating a new generation. I have lectured on civil procedure at the University of Tartu and am now contributing to the commentary on the Estonian Bankruptcy Act. I find it important to contribute to the Estonian education system by writing textbooks and articles since it is hard to educate the next generation and improve the legal system without sufficient professional legal literature.
Academic background
- Humboldt University of Berlin (Dr.iur)
- Humboldt University of Berlin (LLM)
- University of Tartu (MA in Law)
- University of Tartu (BA in Law)
I am a member of
- Estonian Bar Association
- Estonian Young Lawyers’ Association
- Estonian Debating Society
Deals & Cases
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A claim for partial restitution of a transaction was not upheld in court
Deals & Cases -
A subsequently falsified letter of guarantee didn’t hold in court
Deals & Cases -
The buyer of the real estate must retain the right to rely on the data in the land register
Deals & Cases -
Supreme Court declared unfounded claims against Saaremaa Laevakompanii worth more than EUR 60 million
Deals & Cases -
Upon transfer of an enterprise, the obligations of a bankrupt enterprise must be fulfilled
Deals & Cases
Publications
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EU Dictionary of Insolvency Terms
Publication -
EBRD: Baltics ahead in national insolvency policy
Publication -
Updated insolvency laws in Estonia
Publication / INSOL EUROPE -
CEE Legal Matters Comparative Legal Guide: Restructuring 2022 is now available
Publication -
The establishment of an Insolvency Division in Estonia
Publication / Eurofenix