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 […]
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 […]
European Union: Towards a Simultaneous Withdrawal from the Energy Charter Treaty
Following the withdrawal of several European countries, including France, from the Energy Charter Treaty, the European Commission has submitted a proposal for a simultaneous withdrawal by all the Member States of the European Union. This is mainly the result of failed efforts to modernize the Energy Charter Treaty. The European Commission has called on the […]
The Hague Judgments Convention now in force within the European Union
The Hague Judgments Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which aims to facilitate global recognition of court decisions, has entered into force in the European Union on 1 September 2023. The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil […]
The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution Is Approved
At the last session of the United Nations Commission on International Trade Law, held in Vienna from 3 to 21 July 2023, Member states approved a Code of Conduct for arbitrators sitting in both ICSID and UNCITRAL investment proceedings. Although the final text has yet to be published, the new Code will regulate the practice […]