A commercial agent who refused to conclude a new contract when it ended did not take the initiative to terminate the contract. The commercial agent is therefore entitled to receive compensation.
Catégorie : contract / commercial
Challenging the constitution of an arbitral tribunal in an application for annulment
The application for annulment of an arbitral award must not constitute a second way to challenge the constitution of the Arbitral Tribunal by a party who has belatedly challenged an arbitrator (Cour de cassation, 1st Civil chamber, 15 June 2017, no. 16-17108). A telecommunications company and an African state were joint shareholders of a …
HOW AN EUROPEAN JUDGE SHOULD QUALIFY A CIVIL CLAIM RESULTING FROM CONDUCT ALLEGEDLY AMOUNTING TO UNFAIR COMPETITION ?
Despite all endeavors of unification, in Europe, it is still important to know precisely which jurisdiction has the rationae loci competence to hear a civil claim. The same issue was raised to the Court Of Justice of European Union accordingly to the dispute between a German luxury watch seller and a master watchmaker established in France on …
Commercial contracts: the arbitration clause, its drafting, its effects
The mere reference in a commercial contract to an arbitration center cannot challenge the purely optional nature of an arbitration clause inserted in the General Conditions. Cour de cassation, Civil Chamber 1, 12 June 2013, Appeal number 12-22656 Company A replaced turbo generators in a factory. The Company B installed these generators. Malfunctions occured due …
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Commercial law: Application of the disclaimer of liability for international air transport
The Supreme Court requires that the conditions laid down in Article 19 of the Montreal Convention of 28 May 1999 for the Unification of Certain Rules Relating to International Carriage by Air should be strictly be characterized.
The sudden termination of established commercial relations can be used by a third party to claim damages
The Court of cassation ruled in a decision rendered on the 6th of September 2011 that a third party could use the sudden termination of a commercial relation to claim indemnities if this termination also caused a prejudice to this third party. Cour de cassation, 6 septembre 2011, Chambre commerciale, pourvoi n°10-11975 An import-export company …
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