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Analyses, feedback and legal news on banking law, credit law and enforcement.
629 articles published
Registering a design: the essential steps and procedure
Your creation is new and distinctive, but protection does not come automatically. Unlike copyright, design rights are not acquired until they are registered with the INPI. This guide details the filing procedure, the documents to be prepared and the strategic options to be anticipated.
Goodwill, the heart of your business: acquisition, composition and protection
For a craftsman, his business - customer base, brand name, leasehold rights, equipment - is often the core asset of his business. Legally recognised since the Act of 5 July 1996, a business is an intangible asset that can be acquired, transferred and pledged as security. Protecting it, particularly against the entrepreneur's personal risks, requires a thorough understanding of its legal nature.
Institutional or ad hoc arbitration: the key role of arbitration centres and the supporting judge
Choosing between an arbitration centre and a tailor-made procedure involves much more than the budget: the security of the entire procedure is at stake. The supporting judge plays a key role in breaking deadlocks, especially internationally. This guide compares the two options and their practical consequences.
How does an arbitration procedure work in practice?
Your contract contains an arbitration clause: your dispute will be settled by arbitrators, not by a state court. The arbitration procedure is governed by precise rules - constitution of the tribunal, hearing, award - that you should be familiar with before you are faced with it.
Anticipating or settling a dispute: the arbitration agreement explained
Your contract contains an arbitration agreement and a dispute has just arisen: even before we know who is in the wrong, this clause has already set the battleground. Arbitration excludes the state judge, imposes its own deadlines and produces an award that is immediately enforceable. This article explains what you have really signed up for.
The limits of international arbitration: public policy and competition law
International arbitration is not a free zone exempt from all mandatory rules. Transnational public policy and public order laws impose limits that the arbitrator cannot ignore without exposing the award to annulment. Competition law adds a particular layer of complexity.
Commercial lawInvoicing and payment deadlines: the essential rules for your business
An incomplete invoice, a poorly regulated payment period: what looks like a formality can lead to a costly commercial dispute or an administrative fine. The law imposes strict compulsory information and caps payment terms between companies at 60 days. Here are the essential rules that every company needs to master to secure its invoicing and cash flow.
The arbitration award: final decision and appeal procedures
Arbitration has settled your commercial dispute - but the opposing party refuses to comply, or you consider the award unfair. The arbitration award is binding between the parties, can only be enforced if it has been declared enforceable, and the remedies available are deliberately limited in order to preserve the purpose of the arbitration. This article details the exact scope of the award, the enforcement procedures and the cases in which an appeal is still possible.
Unfair competitionMicro-PAC: a simplified procedure for small-scale anti-competitive practices
Your company has been accused of an anti-competitive practice on a local market of limited scope. The Micro-PAC procedure allows the DGCCRF to deal with these cases without going through the Competition Authority, with penalties capped at a maximum. Here are the conditions of application and the key stages.
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