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Freshfields Bruckhaus Deringer | France | 16 Sep 2021

Paris Court of Appeal reaffirms "red flags" approach to corruption allegations in set aside proceedings

In two recent cases the Court of Appeal reaffirmed its previous decisions that an award should be set aside when there are serious, specific and consistent indicators that it enforces a contract tainted by corruption. In each of these decisions, the Court applied what appears to be a consistent standard of review, but reached opposite conclusions. The Court's reasoning in these cases provides......
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Aramis Law Firm | France | 14 Sep 2021

Resale prices for online sales in franchise networks

Online sales in vertical agreements (eg, franchising) give rise to a variety of legal issues, including the extent to which franchisees may be bound to observe the prices of the products advertised on the network's website, which is managed exclusively by the franchisor. The Commission for Examination of Commercial Practices (CEPC) recently provided greater legal certainty to parties to......
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Freshfields Bruckhaus Deringer | France | 27 May 2021

Court annuls billion-dollar award, finding Crimea investment was made before BIT applied

The Paris Court of Appeal has set aside an award against Russia for the expropriation of the Crimean branch of Ukrainian state-owned bank Oschadbank. The court held that the bank had made its investment in Crimea before the Ukraine-Russia Bilateral Investment Treaty's 1992 time limit and that, as such, the tribunal lacked temporal jurisdiction. As Oschadbank intends to appeal, the Court of......
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GEVERS | European Union, France | 17 May 2021

Champagne protection remains strong

Champagne was one of the first wine-growing areas to seek a protected geographical status. A recent case exemplifies the hard work of the National Institute of Origin and Quality and the Champagne Committee to protect the reputation of the Champagne appellation. This case reflects the quasi-absolute protection granted to protected designations of origin (PDOs) by the EU Intellectual Property......
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GEVERS | Belgium, France | 10 May 2021

More than a wine label when prestige is at stake

When a trademark achieves a reputation, its owner can claim a broader protection which extends to goods and services not designated by their trademark registrations. However, such trademarks are more likely to be the target of parasitism and unauthorised use by unscrupulous infringers. A recent judgment regarding infringement of the well-known trademark PETRUS reaffirmed that trademark......
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Freshfields Bruckhaus Deringer | France | 6 May 2021

Court of Cassation finds that a BIT's limitation period relates to admissibility, not jurisdiction

France's top court has reinstated an arbitration award rendered in investment treaty proceedings between a Canadian gold miner and Venezuela. The Court of Cassation accepted the argument that the limitation period for bringing a claim under the Canada-Venezuela Bilateral Investment Treaty was a question of admissibility and not of the tribunal's jurisdiction to hear the dispute. The decision......
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AYACHE | France | 5 May 2021

Private M&A deals: the price is not everything! Supreme Court orders a transfer of shares despite a dispute over the price

In a recent case, following the majority shareholder's exercise of a call option, a minority shareholder refused to transfer their shares and argued that such transfer could not be enforced by the court as the transfer price of the shares had not been agreed and had to be determined by an expert. The Supreme Court has ordered the minority shareholder to transfer their shares despite the......
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Freshfields Bruckhaus Deringer | France | 29 Apr 2021

Paris Court of Appeal maintains pro-arbitration stance by upholding ICC award

The Paris Court of Appeal recently confirmed its longstanding pro-arbitration stance by upholding a $646 million award against a company owned by an Angolan billionaire. In dismissing the application to set aside the award, the court accepted the legitimacy of a five-member tribunal appointed by the International Chamber of Commerce (ICC) Court and dismissed allegations of bias against two......
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Kalliopé | France | 27 Apr 2021

Court of Cassation issues reminder on time limit in legal actions which have same purpose

The Court of Cassation has issued a reminder that an action on the merits benefits from the interrupting effect of the prescription period for a request for summary proceedings to release escrow documents collected by a bailiff, insofar as such action is effectively included in the latter. In addition, these two actions have a single purpose – namely, to obtain compensation from the court.
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Odi-se Avocats | France | 20 Apr 2021

Bank account pledges should be used with caution

Bank account pledges are often part of the security package in secured lending. To avoid the risk of the account being emptied prior to enforcement, practitioners have developed a blocking notice that may be delivered to the account holder where a default occurs. This aims to prevent the debtor from sweeping the account ahead of enforcement actions. However, following two recent court......
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