All publications by Anaëlle Idjeri

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

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.

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.

The recent Panama Papers and LuxLeaks scandals have illustrated the urgent need to establish legislation to protect whistleblowers, as their revelations have raised awareness of the serious breaches of EU law – particularly harmful to the public interest – and of the precariousness of their status.

On July 2, 2019, the Hague Conference on Private International Law announced the adoption of a new convention on the recognition and enforcement of foreign judgments in civil or commercial matters. This convention, considered as far back as 1992 with the first works on jurisdiction and movement of judgments, aims at being “a true gamechanger […]