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29 June 2021

The judicial crisis recovery management procedure: A new temporary tool for businesses in financial distress because of the health crisis

Seeking to ensure the survival of companies that could become insolvent in the coming months due to the phasing-out of the support measures that have been put in place, the French legislator has adopted a Law introducing a new procedure, i.e., the judicial crisis recovery management procedure.

This temporary procedure is of particular interest to debtors who may be experiencing short-term difficulties caused by the COVID-19 health crisis and who wish to benefit from a simple and rapid mechanism for spreading out their current liabilities over a long period of time.

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31 May 2021

Principle of equality and arbitrators’ duty to disclose: New developments by the International Commercial Chamber of the Paris Court of Appeals

2021 is already shaping up to be a year of new developments on such exciting topics as the principle of equality of the parties in the constitution of the arbitral tribunal and the arbitrators’ duty to disclose.

Indeed, in five rulings handed down between the end of December 2020 and mid-February 2021, the Paris Court of Appeals has ruled on the arbitrator’s duty to disclosure, either by reiterating conventional solutions or by adopting, in the case of the International Commercial Chamber of the Paris Court of Appeals, a more innovative approach.

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29 April 2021

Infographic on the key figures of the audit activities of the French Anticorruption Agency published in its 2020 annual report

The French Anticorruption Agency (Agence Française Anticorruption, hereinafter “AFA”) published its 2020 annual report in March 2021.

This provides the opportunity to review the key figures of its audit activities in one infographic, four years after its creation by the Law of December 9, 2016 on transparency, fight against corruption and modernization of economic life, known as the “Sapin II” Law.

While these figures help us identify a trend concerning the types of audits carried out and the entities concerned, the AFA could in the future extend these audits by deciding to subject more companies to the compliance scheme, as it seems to envisage in its latest guidelines.

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16 April 2021

CSR: The subcontractor’s failure to comply with the client’s code of ethics justifies the immediate termination of the business relationships with the supplier

Almost ten years after the Rana Plaza scandal and while many voices are being raised about human rights violations in the textile industry, the Paris Court of Appeals has recently issued a particularly interesting ruling combining corporate social responsibility and sudden termination of established business relationships.

Specifically, on March 24, 2021, it held that if a supplier fails to ensure that its subcontractors comply with its client’s code of ethics, the immediate termination of the business relationships cannot be considered as sudden within the meaning of Article L. 442-6 I §5 of the French Commercial Code.

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23 March 2021

Special jurisdiction under Article 35 of the Brussels I recast Regulation vs. preparatory inquiries under Article 145 of the French Code of Civil Procedure

Pursuant to Article 35 of the Brussels I recast Regulation, the local judge may order provisional or protective measures, even though another judge has been given – or has accepted – jurisdiction to rule on the merits of the case, in particular under the terms of a jurisdiction clause.

In a decision handed down on January 27, 2021, the Court de Cassation (French Supreme Court) ruled on the French judge’s power to order preparatory inquiries in futurum (literally for the future) and aligned its position with the autonomous notion of “provisional, including protective, measures” provided for by European Law.

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