Recent rulings from the Cour de cassation on time limits
In October, the Cour de cassation explored the subject of time limits, whether for performance, limitation or forclusion: The ten-year period during which enforcement of a Court decision may be pursued runs from the day on which the decision becomes enforceable within the meaning of article L. 111-3, 1° of the French Code of Civil Enforcement […]
Latest news on contract law
In October, the Cour de cassation handed down several important rulings on contractual practice: Termination: no requirement of formal notice if notice is in vain In a ruling handed down on October 18, 2023, the Commercial Chamber of the Cour de cassation reiterated that unilateral termination of a contract may be requested without prior formal […]
Our Prezi video
Patricia Khoury and Juliette Migeon join our team
We are expanding our teams with the arrival of two future members of the Paris Bar: Patricia Khoury and Juliette Migeon. Patricia Khoury was already a member of the Cairo Bar (Egypt) before passing the Paris Bar admission exams. She is fluent in French, English and Arabic, and will strengthen our Middle East and Gulf […]
Anti-money laundering and anti-financing of terrorism regulation in commercial and civil litigation
A company specialising in prepaid bank cards distribution brought an action against a competitor before the Commercial Court on the basis of Article 145 of the Code of Civil Procedure (which provides that a party may request pretrial investigative measures) to request document discovery. The defendant brought a counterclaim based on unfair competition resulting from […]
Latest news in civil law
The fulfilment or failure of a condition precedent (CP) must be assessed on the date of termination of the contract, and any fulfilment of the CP after this date is irrelevant. In the present case, an architect agreement, which failed to comply with the provisions of the Consumer Code protecting real property investors, must be […]
UK courts issue conflicting rulings on anti-suit injunctions concerning ICC arbitrations in Paris
In recent months, UK courts have issued several decisions, some of them contradictory, on applications for anti-suit injunctions (“ASIs”) – a common law relief ordering a party not to bring legal actions in a jurisdiction or forum other than the one provided for in the contract – in disputes involving ICC arbitration clauses with a […]
Environmental Obligations of States: Legal Support for the Planet
A two-week hearing before the International Tribunal for the Law of the Sea (the “Tribunal”) in Hamburg, Germany, concluded on 25 September 2023. The hearing aimed to clarify the obligations of States under the United Nations Convention on the Law of the Sea (“UNCLOS”) in relation to the protection and preservation of marine environments from […]
Latest news on the legal warranty against hidden defects
Several rulings handed down in July by the French Supreme Court (Cour de cassation) have elucidate several aspects of the legal warranty for hidden defects. In particular, the Court has clarified the issues of the irrebuttable presumption of knowledge of the latent defect by professional sellers, as well as the applicable statute of limitations. July […]
Latest news in French civil procedure
Decree n° 2023-686 introduces two new mechanisms for the amicable settlement of disputes applicable to proceedings brought before the judicial courts from 1 November 2023. Amicable settlement hearing New article 774-2, paragraph 1 of the Code of Civil Procedure introduces an amicable settlement hearing, aiming at “resolving a dispute amicably through a balanced confrontation of […]