PRELITIGATION & LITIGATION
We assist and represent our domestic and international clientele in any dispute arising with any kind of commercial partners (suppliers, distributors, clients).
Thanks to our knowledge and practice of regulations applicable to business international disputes, we are able to represent our foreign clientele before French courts, notably in disputes grounded on abrupt breach of established commercial relationship (article L.442-6 I-5° of the French commercial code).
- risk assessment upstream: our experience in both contractual law and commercial litigation enables us to identify, upstream, risks that may arise from a contractual situation and to draft appropriate provisions likely to prevent possible disputes
- implementation of a preventive strategy: provided that we have been involved upstream by our clientele, we make our bests efforts to define a preventive strategy likely to avoid disputes or, at least, to "build-up a case" in the prospect of a possible dispute.
- prelitigation assistance: assistance during the prelitigation phase up to the final drafting and execution of multiparty settlement agreements, if necessary.
- Assistance in alternative disputes resolution procedures (mediation, conciliation)
- Assistance within the framework of amicable and judicial expertises (claims adjustment, faulty design and manufacturing defects, product liability)
- Representation before civil and commercial courts or specialized authorities (Conseil des Prud'hommes, competition authorities): assistance of clientele in the drafting of procedural acts up to pleadings.
- Selected operations
- Assistance of an industrial manufacturer eager to replace one of its suppliers (to which he was bound by an exclusivity provision) by another supplier: strategy plan to prevent the risk under article L.442-6-I-5° (abrupt termination ground) and avoid supply disruption while negotiating a contract with the new contemplated supplier
- Assistance of a supplier in the food industry eager to terminate its relationship with its French distributor; definition of a breach strategy likely to reduce the risk of a dispute grounded on the "abrupt termination of an established commercial relationship" (article L.442-6 I-5)
- Negotiation of a three-party settlement agreement between inventor/industrial company/ hospital
- Assistance and representation of an industrial manufacturer, active in the port sector, involved in a product liability dispute and follow-up of the related judicial expertise
- In the media sector, implementation of a judicial strategy (4 simultaneous proceedings before commercial courts) leading to a global negotiation
- in the building sector, follow-up of an expertise and assistance of the customer in the negotiation and conclusion of a multiparty settlement agreement with contractors, project managers, insurers
- Assistance and representation before the French competition Authority of a cargo handling company and the professional syndicate blamed for being part of a price cartel
- Assistance and representation of clients in the agri-food sector and in the industrial sector before the French Administration (DGCCRF, DREAL)
- Related publications
- The importance of a formal notice before going to Court (see publication)
- « The Volkswagen scandal »: Reminder of the possible judicial actions in France against any industrial suspected of deceptive practice (see publication)
- Portée de la compétence exclusive de la Cour d’appel de Paris au sens du décret n°2009-1384 (Semaine Juridique Entreprise et Affaires du 17 janvier 2013, n°3) (see publication)
- Breach of an established business relationship: a recent court decision reaffirms the importance of the forum selection clause in international contracts (see publication)
- Terminating a business relationship within an international context: how to avoid the indemnification provided for in article L.442-6-I-5° of the French commercial code? (see publication)