Publications

Arbitration, Commercial, business and competition law

Choosing international arbitration to settle a dispute is a decisive first step. But then a fundamental practical question arises: how will the procedure be organised in practice? Who will administer the process, appoint arbitrators in the event of disagreement, and manage the logistical and financial aspects?

Arbitration, Commercial, business and competition law

You have decided, either by a clause in your contract or by an agreement made after the dispute has arisen (the compromise), to refer your commercial dispute to arbitration. This is a decisive step. But what happens next? How does this private justice system work on a day-to-day basis? The idea of a less formal procedure than...

Arbitration, Commercial, business and competition law

As we saw in our previous article, commercial arbitration relies entirely on the will of the parties. Without their agreement to submit a dispute to private judges, the arbitration route remains closed. This fundamental agreement takes the form of an "arbitration agreement". But how do you actually agree to arbitrate?

Arbitration, Commercial, business and competition law

International arbitration is attractive because of the freedom it offers the parties: freedom to choose their judges, the procedure, the applicable rules of law and so on. This flexibility is invaluable in the complex context of global trade. But is this autonomy of will boundless? Are there higher principles, mandatory rules...

Arbitration, Commercial, business and competition law

Commercial relations, by their very nature dynamic and complex, can unfortunately generate disagreements. When a dispute arises, the prospect of lengthy, costly and public legal proceedings before the state courts can seem daunting, even detrimental to the smooth running of the business. The fact that the courts are often backlogged does not help matters, lengthening delays that can sometimes...

Arbitration, Commercial, business and competition law

The development of commercial exchanges beyond national borders confronts companies with increased legal complexity. When a dispute arises with a foreign partner, turning to the national courts can be time-consuming, costly and sometimes unpredictable, not least because of conflicts of law or jurisdiction. This is where...

Competition, Commercial, business and competition law

Abuse of a dominant position exposes companies to considerable financial penalties. Fines can amount to 10% of worldwide turnover. Google, for example, was ordered to pay €2.4 billion for favouring its price comparison site in search results. Faced with these risks, and to better...

The invoice. This document, often perceived as a simple administrative formality, is in fact much more than that. It's the cornerstone of your commercial relations, an essential piece of evidence and an essential tool for good cash flow management. Inaccurate invoicing or late payment...

Arbitration, Commercial, business and competition law

The arbitration procedure is drawing to a close, the arguments have been exchanged, the evidence administered and the arbitral tribunal has made its decision: the award. This is the culmination of the process you chose to settle your commercial dispute. But what exactly is the scope of this decision? Is it...

Competition, Commercial, business and competition law

The Competition Authority's involvement in the life of a company does not always begin with a surprise investigation. Proceedings may also be triggered by a formal complaint from a competitor, supplier, customer or even a trade body. The Minister for the Economy may also refer the matter to...