In which cases should we use resolution by mediation? What skills are required to recognize a good mediator and negotiator? Martin Hauser, judging the finals, answers these questions asked by The Negotiation Academy following the 4th edition of the international mediation competition of IBA-VIAC CDRC in Vienna. 1- What cases should lawyers recommend for mediation? 2- What […]
In a highly notable judgment issued on 25 October 2017 – Polbud[1], the Court of Justice of the European Union opens up the possibility for companies to submit to the law of another Member State by transferring their actual place of incorporation, whilst continuing their economic activity in the original Member State. The CJEU thus […]
Since 1 October 2017, French law has been giving members of banking pools security agents comparable to the security trustees of the Anglo-Saxon system. The security agent can now manage all securities and guarantees (personal, real, French or foreign). As a special fiduciary, he or she holds securities and acts without an additional mandate to […]
”Technicalities must not override substance”, was one of the leitmotivs of the Macron government as it presented its orders on the reform of the Labor Code. In other words, employers should not be punished (too harshly) if they fail to comply with a complex and constraining procedural rule when their decision to terminate a work […]
The recent reform of French labour law provides a number of simplifications for companies to reduce their workforce. One of these reforms consists of a so-called collective termination agreement, without any justification for economic reasons within the meaning of the provisions on termination for economic reasons. In particular, the collective agreement is not subject to […]
In France, Customs plays an important role in the fight against counterfeiting, particularly through customs withholding. In practice, increasingly brand holders pass off the cost, risk, and responsibility for the fight against counterfeiting of their brands onto the customs administration. Customs often serves as a relay for economic entities, when they don’t want to take […]
Following a lengthy debate, a new principle of a duty of care for companies with respect to their subsidiaries, suppliers and subcontractors has been introduced into French law by the “law on duty of care for the parent and ordering companies”, published in the Official Journal on 28 March 2017. This new act aims at […]
Whereas multi-tiered arbitration clauses used to be rather exceptional two decades ago, they are increasingly used nowadays and can be found in a large number of contracts. These clauses aim to meet the growing need for the reduction of time and costs by foreseeing arbitration only as a last means in case the previous proceedings […]
Le remboursement au salarié des dépenses qu’il a engagées en contrepartie ou à l’occasion du travail est représentatif de frais professionnels qui peuvent être exclus de l’assiette des cotisations sociales et donc exonérées de cotisations sociales, dans des conditions et limites prévues par l’arrêté du 20 décembre 2002 (modifié depuis). Si le remboursement des frais […]
BIM? BIM – the abbreviation for “Building Information Modeling” – is gradually becoming an essential element of large-scale construction projects. It is an electronic modeling tool for building data integrating all the stages of a project, from design through completion, to subsequent use of the building. It is not simply an IT tool, but a […]