[RESTRUCTURING] The Reform of Insolvency Proceedings in France: Revolution or Evolution?
By an order dated September 15, 2021, France finally transposed European Directive 2019/1023/EU [1] into national law and took this opportunity to reform other aspects of its collective proceedings. Driven by European law, France—known for its debtor-friendly system—had no choice but to readjust the influence of creditors in insolvency proceedings. But what will be the [...] [ARBITRATION] Why the ICC Expedited Procedure Rules Are a Real Success
Four years ago, the International Chamber of Commerce launched the “Expedited Procedure Provisions” (EPP). Since then, an impressive total of 261 cases have been handled under this framework, which offers numerous procedural advantages. Our partner Detlev Kühner explains the reasons behind the success of EPPs (in English): Before providing feedback on how the EPP [...] [COMMERCIAL LEASES] What You Need to Know About Commercial Lease Agreements Under French Law
If you operate a commercial, industrial, or artisanal business on commercial premises (including offices, such as headquarters), you are subject to the rules governing commercial lease agreements under French law. The latest edition of our monthly “Less Is More” newsletter highlights the key points you need to know about this topic. Download the fact sheet [...] [ENERGY] Implementation of the “Tertiary Sector Decree”: Finally, some concrete action!
Following on from Decree No. 2019-771 of July 23, 2019, “regarding obligations to reduce energy consumption in commercial buildings” (known as the “Commercial Buildings Decree”), a recently published order is intended to provide the relevant stakeholders with concrete data to help them achieve their goals for reducing final energy consumption. Here is a brief overview [...] [ENERGY] On the proposed “renegotiation” of solar power purchase agreements signed before 2011
It is an understatement to say that the report, revealed by the newspaper *Les Echos* on September 16, stating that the Ministry of Economy and Finance was considering, for budgetary reasons, “renegotiating” the solar power purchase agreements entered into by producers and EDF Obligation d’Achat (or other mandatory buyers) before 2011, has sent shockwaves through [...] [ARBITRATION] Soft law in international arbitration: the Prague Rules one year after their entry into force – a true alternative to the IBA Rules?
International arbitration proceedings, by definition, allow parties to settle their disputes worldwide. In particular, they allow parties from different jurisdictions and with different legal backgrounds to do so. With a constantly growing number of international arbitration matters over the last decades, cases in which parties with a common law background faced parties with a civil [...] [ENERGY] France is accelerating the energy transition in industrial and commercial buildings
One after another, two recently adopted regulations will accelerate the “green” transition of commercial and industrial buildings. Here’s a brief overview of the main changes. I. New Rules for Energy Efficiency in “Commercial” Buildings With regard to buildings in the “tertiary” sector (including, in particular, hotels, shopping centers, and office buildings), the Decree [...] [ARBITRATION] The International Chambers of the Paris Commercial Court and the Paris Court of Appeals
One year after the signing of the Protocol on Proceedings before the International Chamber of the Paris Commercial Court, an appellate body was established within the Paris Court of Appeals[1]. In early 2018, the International Chamber of the Paris Court of Appeal was staffed with multilingual judges, following the model of the International Chamber of [...] [LABOR LAW] 2019: The Year Employee Representative Bodies Merged
1. The establishment of the Social and Economic Committee (CSE) to replace existing institutions A single, mandatory body for all companies After several successive reforms of the social dialogue, the French-style multi-institutional system of employee representation (D.P., C.H.S.C.T., C.E.) will have completely disappeared by the end of 2019. These three bodies had clearly defined [...] [M&A] Attribution of Knowledge—Duty to Disclose, Fraud, and Fraudulent Withholding—But Who Holds the Information?
It is common for a buyer, following the acquisition of a company, the acquirer—dissatisfied with the business—attempts to seek compensation for damages based on the withholding of material information or tries to have the contract rescinded on the grounds of fraud or fraudulent concealment.M&A: Attribution of Knowledge—Duty to Disclose, Fraud, and Fraudulent Withholding of Information—But [...]