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Neither the public policy nature of the provisions set forth in Article L. 442-6 of the French Commercial Code nor the exclusive jurisdiction granted to judicial courts to hear restrictive trade practices related cases – including cases concerning the sudden breach of an established business relationship – precludes the use of arbitration to settle disputes […]

A decision handed down by the Cour de Cassation (French Supreme Court) on September 16, 2015 (n° 14-16.713) provides an answer to a problem that arose in connection with the termination of a trial period for which the company had to comply with both the “délai de prévenance” (i.e. an advance notice period that must […]

Wherever the ownership of equity shares is dismembered, when the shareholders resolve to pay a dividend out of distributable reserves, the right of use enjoyed by the beneficial owner of the equity shares applies – unless otherwise agreed upon between the beneficial owner and the bare owner – in the form of a quasi-usufruct to […]

In line with Singapore’s reputation as a preferred arbitration destination, Singapore has recently amended its laws to bring its arbitration regime in line with the world’s best practices. Among the changes made are clarifications on the powers of an emergency arbitrator and the application of foreign limitation periods to claims governed by foreign law.

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, […]

To assess the length of an established business relationship and determine the notice period that ought to be applied prior to the effective termination thereof, the length of the business relationship that preceded the sale of a business going concern must not be taken into account wherever it is not demonstrated that the purchaser of […]