International, Business, Contracts, Sports
By a decision of 11 July 2018 No. 17-10458, the Court of Cassation (french civil superior court) ruled on a dispute on the validity of a contract concluded between a football club and a sports agent which was concluded by exchanging e-mails. A sports agent company initiated proceedings against a professional football club to …
Lire la suite de Is the sports agent’s mandate concluded by e-mail exchanges null and void?
In practice, it often happens that a person intervenes in a contract in several positions. It may indeed be that the same person intervenes on his own behalf and on behalf of another person (company, association, other natural person, etc.). The question then is whether the person must sign one or several times. This decision …
Lire la suite de How many signatures for a person intervening in an act in a dual capacity?
The support judge does not have general jurisdiction to decide all disputes arising during the arbitration process. It is only competent to provide, on a suppletive basis, the constitution of an arbitral tribunal in case of risk of denial of justice. The support judge does not have jurisdiction to rule on a dispute relating to the wrongful performance by an arbitration institution of the contract of organization of the arbitration. This debate is within the jurisdiction of the common law jurisdiction.
The Court of cassation applying the CJEU case law ruled that "an action for damages founded on an abrupt termination of a long-standing business relationship is not a matter relating to tort, delict or quasi-delict within the meaning regulation 44/2001 if a tacit contractual relationship existed between parties." (Cour de cassation, Commercial chamber, September 20, 2017 …
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A distributor who was able to continue working normally during a reasonable notice delay with its remaining stock cannot claim indemnities for a wrongful or brutal termination. A decision of March 1, 2017 from the French Civil and commercial supreme Court highlights the pragmatic approach of French judges when ruling on a claim for indemnities …
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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.
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 …
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 …
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 …
Lire la suite de Commercial contracts: the arbitration clause, its drafting, its effects
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.
