Archives des Article_EN - Page 11 of 13

[ARBITRATION] The fate of multi-tiered arbitration clauses – welcome clarification of the consequences of a lack of compliance with multi-tiered arbitration clauses in Germany and in France

Article_EN, Less is MoreBy BMH AVOCATS 27 February 2017

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…

Decision of the French Constitutional Court number 2016-591 QPC of 21 October 2016 ‘Mrs Helen S’, Trusts & Trustees, Volume 22, Issue 10

Article_EN, NewsBy BMH AVOCATS 29 December 2016

Introduction The French Constitutional Court was requested to answer a priority constitutional question (QPC) by the French State Council (Order number 400913) on 22 July 2016. The QPC was asked by Mrs Helen S as to the constitutionality of the second line of Article 1649 AB of the French tax code, as amended by Act…

[CONSTRUCTION] When BIM BOOMS: Construction law and digital transition

Article_EN, Less is MoreBy BMH AVOCATS 14 December 2016

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…

[NEGOTIATION] To Negotiate, but How? The Example of Cross-border Intellectual Property Disputes from a French Perspective

Article_EN, Less is MoreBy BMH AVOCATS 30 October 2016

I. Introduction In order to resolve cross-border intellectual property (IP) disputes, French companies are increasingly trying to reach amicable settlements by negotiation, whether with or without the support of a mediator, before having recourse to state courts or arbitration. The reason for this lies both, in the specific nature of IP, that always involves…

CRS and Automatic Exchange of Information: Issues for the Wealth Management Industry

Article_EN, NewsBy BMH AVOCATS 21 October 2016

As part of the fight against tax evasion, the European Union, like the United States and some one hundred OECD countries, has set up an automatic information exchange system (EAI, also known as Common Reporting Standard or CRS) via collection by financial institutions (in the broad sense, i. e. banks, insurance companies, asset managers, investment…

[ARBITRATION] Enforcement of arbitral awards in france – the “french touch” makes it a little easier than elsewhere!

Article_EN, Less is MoreBy BMH AVOCATS 30 September 2016

In France, like in most other jurisdictions1, there is a double level of limited review of arbitral awards by state courts. At the first instance level, the Court of Appeal at the place of the arbitration may be seized (Article 1519 CPC2), bearing in mind that the award challenge can only be raised on the…

[OFATE] Authorization procedures for onshore wind projects in France

NewsBy BMH AVOCATS 13 September 2016

Authorization procedures for onshore wind projects in France From Act No. 2000-108 of 10 February 2000 “on the modernization and development of the public electricity service” to Act No. 2015-992 of 17 August 2015 “on the energy transition for green growth” (LTECV), the rules applicable to the establishment of onshore wind farms in France have…

[LABOUR LAW] The obligation to seek a buyer

Article_EN, Less is MoreBy BMH AVOCATS 17 May 2016

The issue of seeking a buyer commonly arises in two situations. The first one corresponds to the closure by a company of one of its establishments that would lead to a project of collective redundancies, better known as “Loi Florange”. The second situation is the one according to which the employer is bound to provide…

Anti-Corruption Law and Enforcement, International Section Spring Meeting 2017

Article_EN, NewsBy BMH AVOCATS 21 April 2016

On Thursday 20th and Friday 21st April The Bar of Ireland hosted over 100 delegates for the New York State Bar Association International Section Spring Meeting 2017. Outer Temple Chambers barristers took part of several panels on different subjects such as: The Impact of Brexit on Dublin and other European Cities Anti-Corruption Law and Enforcement International Human Rights:…

[ENERGY] Financing of renewable energies: a false start for citizens’ investment?

Article_EN, Less is MoreBy BMH AVOCATS 17 April 2016

A fact that has already been established for several years is unrelenting: whereas renewable energies have never been as popular among the French1 and although the government has declared ambitious targets for 2030, the large majority of projects concerning electricity or biogas production systems using renewable energy sources (“RE projects”) are challenged in court, thus…

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