Civil procedure

29 December 2018 | Flore Foyatier

In a chain of contracts transferring ownership, the arbitration clause is automatically transferred

In order to deny the jurisdiction of the Commercial Court of Saint-Malo before which proceedings had been initiated against one of our clients, a Swedish company, the Court of Appeals of Rennes, with which we filed a jurisdictional objection, ruled that an arbitration clause was enforceable against our opponent event though it had not signed […]

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29 December 2018 | Anaëlle Idjeri

Trade Secrets: Publication of Decree n°2018-1126 of December 11, 2018 clarifying procedural aspects

Decree n°2018-1126 of December 11, 2018 on the protection of trade secrets (the “Decree”) adopted in furtherance of Law n°2018-670 of July 30, 2018 was published in the Official Journal of the French Republic on December 13, 2018. This eagerly awaited Decree further details the procedural aspects related to the protection of trade secrets and […]

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30 August 2018 | Flore Foyatier

Preventing the enforcement of a first demand guarantee within a few weeks’ time: Story of a successful case

To prevent the abusive and imminent enforcement of a first demand guarantee, Soulier AARPI, represented by Mrs. Catherine Nommick, Ms. Flore Foyatier and Ms. Isabelle Cottin, obtained in less than a week an injunction from the President of the Commercial Court of Paris who ordered the bank to suspend the payment of the funds under […]

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22 December 2017 | Anaëlle Idjeri

Is the fact that a website is accessible from France sufficient to establish the jurisdiction of French courts?

On the Internet, determining the location of a damage is particularly complex as such damage may occur in a multitude of places. In this context, the question arises as to what criterion should be applied to determine the court that is territorially competent to hear a tort claim seeking compensation for the damage that occurred […]

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30 August 2017 | Stéphanie Yavordios

Reform of the appellate procedure under French law: The main innovations applicable as of September 1, 2017

Six years after the entry into force of Decree n°2009-1524 of December 9, 2009 referred to as the “Magendie” Decree, the appellate procedure is about to be significantly amended. Indeed, Decree n°2017-891 of May 6, 2017 relating to pleas of lack of jurisdiction and appeals in civil matters, published in the Official Gazette on May […]

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