Private international Law

30 April 2019 | Soulier Avocats

Transposition of Directive UE 2017/828 as regards the encouragement of long-term shareholder engagement in listed companies

On May 17, 2017, Directive 2017/828 of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement in listed companies was adopted.
This revision of Directive 2007/36/EC aims to change practices brought about by the 2008 financial crisis, which, by promoting short-term yields, lead to sub-optimal corporate governance and performance.

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22 December 2017 | Soulier Avocats

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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26 December 2016 | Laure Marolleau

Legal privilege under US law vs. French right to evidence

Can legal privilege under US law prevent the enforcement of a preparatory inquiry in futurum (literally for the future) ordered in France? Under French law, preparatory inquiries in futurum are designed to establish or preserve evidence, most of the time in connection with a future trial. Their implementation may be hindered by several barriers, including […]

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29 October 2015 | Laure Marolleau

Unilateral (or asymmetrical) jurisdiction clauses: Where does the Cour de Cassation (French Supreme Court) stand?

Unilateral (or asymmetrical) jurisdiction clauses may vary in form and nature. However, such clauses always provide for an option to only one of the parties allowing it to choose the court that will be competent in case of a dispute. The validity of such unilateral jurisdiction clauses has been brought into question by several jurisdictions, […]

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1 April 2014 | Laure Marolleau

Breach of business relationships in an international context: how to determine the applicable law?

In a decision dated March 25, 2014, the Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on the sensitive issue of the determination of the law applicable in case of breach of business relationships[1]. Under French law, Article L. 442-6, I, 5° of the French Commercial Code (the “FCC”), which provides for […]

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