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Is the french law still attractive (after the reform of the law of obligations) ?


25th November 2016 in Lyon


Jochen Bauerreis gave a lecture on this current topic on the occasion of a colloquium organized by the Collège des Avocats Spécialistes en Droit de l’Arbitrage (CASDA) in partnership with the Centre Interprofessionnel de Médiation et d’Arbitrage (CIMA). The focus of this event was on :

The adaptation of contracts to the new requirements of the course of trade.
Keep your contracts under control (renegotiation, ceasing of the basis of transaction, price adaptation, unfair terms)

The colloquium took place the 25th November 2016 in Lyon (regional Chamber of Industry and Commerce) and was opened with the morning lectures of Jean-Marc MOREL, chairman of the Ordre des Experts Comptables Rhône Alpes, Bruno CRESSARD, lawyer and former chairman of the bar association of Rennes, current chairman of the CASDA, and Thierry BONNET, lawyer at the bar association of Lyon and chairman of the arbitration council of the CIMA.

Jochen Bauerreis dealt with the question of the role that the French law should play in the future whle negotiating and drafting international contracts.

The public that attended the colloquium had thus the opportunity to learn about the main aspects of the reform of the law of obligations in regard with the contractual practice and litigation and arbitration practice from experienced practitioners specialized in arbitration law.

The following subjects were deeply analyzed :

-  Judicial scrutiny of unfair terms
-  Judicial scrutiny of price fixing in framework agreements and service contracts
-  Freedom of contract vs. statute law
-  Principle of “good faith” in business contracts
-  “Frustration of contract” and hardship clauses
-  Arbitration agreements after the reform
-  Role of the judge (state judge and arbitrator) in the application of the new contract law

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