International

Initially, the free movement of persons concerns mainly natural persons, men and women, and not companies or organizations with legal personality, but European law has evolved, offering more freedom of movement to legal persons.   For companies, does leaving their country mean losing their legal personality?  The answer was given in the Daily Mail judgment of September 27, 1998 (case 81/87), in which the Court established the principle of the free transfer of the registered office, without the company losing “the legal personality which it enjoys in the legal system of the Member State of incorporation and, where appropriate, the terms

Between cancellations, non-payment, delivery delays and others, the war in Ukraine brings back memories of the Covid 19 pandemic which had already disrupted the proper execution of international contracts in 2020. The economic and legal consequences have gone beyond the Russian-Ukrainian borders, impacting trade relations in all four corners of the world…  Whether in direct or indirect trade relations the result is the same, the company is affected. Indeed, as international trade specialists have pointed out, “Regulations concerning sanctions are changing, almost daily. A French company that was not affected by them yesterday may become so tomorrow. For example, one

One field, two different worlds : the United States and Europe.   In the United States, competition law, or anti-trust law, appeared between the end of the 19th century and the 20th century, with the Sherman anti-trust act of 1890 and the Clayton act of 1914 which completed the legislation by regulating mergers. The Federal Trade Commission was created to control anti-competitive practices.  Competition law was born out of fears that certain industries, such as steel, railroads, or oil, would acquire excessive power, which would go beyond the merely economic sphere and into the political sphere.  This question, which was originally

From March 28 to April 1, the Paris Arbitration Week was held, an opportunity to discuss many current issues related to international arbitration. The pandemic episode spared no one, forcing a renewal and alternative dispute resolution methods did not escape it. But what are the future prospects for international arbitration ?  Arbitration, because of its speed of implementation and flexibility, has proven to be the optimal solution during a health crisis and has proved its worth in the context of a slowdown in the justice system. Frequently used in the field of international trade, the crisis has led to an