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E-newsletter  -  October 2018

 
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Contracts
Arbitration clauses and jurisdiction clauses: Two separate sets of rules that should not be confused

Stéphanie Yavordios

Arbitration clauses and jurisdiction clauses are frequently included in contracts entered into between merchants. Both types of clauses are designed to set out the procedure that shall govern any dispute arising from or in connection with the contract. However, they should not be confused as they are not exactly the same and are subject to two different sets of rules. This has been recalled by the First Civil Chamber of Cour de Cassation (French Supreme Court) in a decision dated September 5, 2018.

This decision also provides the opportunity to review the competence-competence principle that applies in arbitration matters and to address the complex implementation of this principle.


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Business Law
Generalization and liberalization of telemedicine in France

Geoffroy Lacroix

The year 2018 marks a significant shift in the deployment of telemedicine in France.

Teleconsultations are henceforth reimbursed by the French Health Insurance Fund, just like “standard” consultations. This practice has also been liberalized through the repeal of the obligation to enter into contracts with regional health agencies and agreements between operators that carry out a telemedicine activity.


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Corporate Law
New reforms aimed at simplifying the internal operation of companies

Catherine Nommick

The Bill on business growth and transformation and the Bill for the modernization of business transfers are important items on the Minister of Economy and Finance’s end-of-year agenda.

While one Bill is promoted by the government and the other by the Parliament, both aim at simplifying the internal operation of companies.

This article focuses on two measures intended to remedy the shortcoming of previously implemented schemes that have been sometimes contested.


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Publications
Global Guide to Non-Competition Agreements

We are pleased to announce the release of the first edition of the Global Guide to Non-Competition Agreements.

This multijurisdictional Guide has been prepared by the Human Resources Law Practice Group of the World Law Group, a network of 58 leading independent law firms with more than 400 offices in major commercial centers worldwide.

Non-competition agreements can help a business protect its confidential information, trade secrets and customer relationships and prevent unfair competition. However, whether such agreements can be enforced, and under what circumstances, vary significantly among jurisdictions.

The aim of this publication is to have a dedicated resource on the enforceability of non-competition agreements.

This Guide has been prepared under the leadership of our Labor & Employment Partner, Emilie-Ducorps-Prouvost, Co-Chair of the Human Resources Law Practice Group.

Read and download the Global Guide to Non-Competition Agreements

This Guide, as well as other handbooks and legal resources, are available and can be downloaded for free at www.theworldlawgroup.com.




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