menu

All publications by Anaëlle Idjeri

Anaëlle Idjeri

Member of the Paris Bar

29 September 2020

Sudden breach of an established business relationship: The summary judge may order the continuation of the contract

Faced with the urgency of the situation and the risk of imminent damage caused by the sudden termination of an established business relationship, the terminated business partner may ask the summary judge to order the continuation of the relevant contract. This was recalled by the Cour de Cassation (French Supreme Court) in a decision dated June 24, 2020.

Read more
11 August 2020

The Paris Court of Appeals confirms that COVID-19 is to be considered as a force majeure event

On July 28, 2020, the Paris Court of Appeals ruled on the dispute between EDF and Total Direct Energie concerning the suspension by Total Direct Energie of the framework agreement for the purchase of nuclear electricity that they had entered into, due to the Covid-19 pandemic.

The Court of Appeals upheld the interim order issued by the Paris Commercial Court on May 20, 2020 and found that the Covid-19 pandemic constituted a force majeure event justifying the suspension by Total Direct Energie of the framework agreement as soon as this event occurred.

Read more
16 June 2020

International Corruption: Issuance of a circular on France’s criminal policy

On June 2, 2020, the French Minister of Justice sent to all competent public prosecutors a circular for immediate application specifying France’s “criminal justice policy in the fight against international corruption”.

This circular sets out guidelines for legal action at all stages of criminal proceedings, from the information gathering stage to the determination of the mode of prosecution.

Read more
29 May 2020

The Paris Commercial Court rules that Covid-19 is to be considered as a force majeure event

On May 20, the President of the Paris Commercial Court, ruling in summary proceedings, considered that the requirements for establishing the existence of force majeure provided for in the framework agreement signed by EDF and Total Direct Energy were met and ordered EDF to accept the suspension of this framework agreement.

Before being discussed before the Commercial Court, the force majeure clause had already been debated during summary

Read more
18 May 2020

Arbitrators’ duty to disclose and independence: First clarifications by the International Commercial Chamber of the Paris Court of Appeals

On February 25, 2020, the International Commercial Chamber of the Paris Court of Appeals (Chambre commerciale internationale de la Cour d’appel de Paris, also known by the acronym “CCIP-CA”) ruled for the first time on the independence and impartiality of arbitrators and more generally on the scope of their duty to disclose.

In this decision, the International Commercial Chamber adopted a pragmatic view which showed its willingness to take a casuistic approach.

Read more
7 April 2020

Covid-19 and business contracts: What strategy to follow?

The current Covid-19 pandemic is affecting many economic operators operating in a variety of industrial sectors and raises questions about their ability to meet their contractual obligations.

While some wonder about the mechanisms that could be invoked to escape or adjust obligations, the performance of which has become difficult, excessively expensive or even impossible, others would like to block the implementation of such mechanisms.

The possibility for an economic operator to evade compliance with any of its obligations, to adapt it and, more generally, to be exposed to the risk of being held liable in the context of the current pandemic must be analyzed in the light of the contractual provisions and the specific features of the relationship.

Read more

All posts ared displayed

No more page

Next page

Load more