Is French law still attractive (after the reform of the law of obligations)?

11/25/2016

 

Written by Jochen Bauerreis

Jochen BAUERREIS spoke on this topical subject at a conference organised by the Collège des Avocats Spécialistes en Droit de l’Arbitrage (CASDA) in partnership with the Centre Interprofessionnel de Médiation et d’Arbitrage (CIMA). The event focused on the following theme

 

  • Adapting contracts to the new demands of business life.

 

  • Keep control of your contracts (renegotiation, unforeseen circumstances, price revision, unfair terms): Which Judge?

The conference, which took place on 25 November 2016 in Lyon (Chambre de Commerce et d’Industrie de Région), was opened at the beginning of the morning by Jean-Marc MOREL, President of the Conseil Régional de l’Ordre des Experts Comptables Rhône Alpes, Bruno CRESSARD, Attorney at Law at the Rennes Bar, Former President of the Bar, President of CASDA and Thierry BONNET, Attorney at Law at the Lyon Bar, President of the CIMA Arbitration Council.

 

Jochen BAUERREIS proposed to clarify the role that French law should play in the future when negotiating and drafting international contracts with foreign companies.

 

The audience was thus able to learn from experienced practitioners specialising in arbitration law about the most essential aspects of the reform of the law of obligations for contract practice and judicial and arbitral litigation.

In particular, the following aspects were explored:

  • Control of unfair terms,
  • Judicial review of pricing in framework contracts and contracts for the provision of services,
  • Contractual freedom versus public policy,
  • Good faith and its observance in business contracts,
  • The theory of unforeseeability and hardship clauses,
  • The arbitration agreement after the reform,
  • The role of the judge (state judge or arbitrator) in assessing the new contract law.

 

 

Alister – information intervention 25.11.2016 (PDF – 1.1 Mo)

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