Franchise agreements do not require the consent of franchisees prior to a change of control of the franchisor, unless otherwise provided in the agreement
In a judgement issued on 15 May 2024, the Court of Cassation clarified the scope of the concept of intuitu personae in franchise agreements. In line with previous case law based on the autonomy of the legal entity, the Court of Cassation confirmed that the transfer of all the shares of the franchisor to a […]
First decisions by the Chamber of the Paris Court of Appeal specialised in emerging litigation (Chamber 5-12)
On 18 June 2024, Chamber 5-12 of the Paris Court of Appeal, which was set up at the beginning of the year (see our newsletter of January 2024), issued three important decisions on the admissibility of the first actions brought by associations and local authorities in relation to duty of care against TotalEnergies, EDF and […]
The Court of Cassation upholds the annulment of an arbitral award based on the close personal ties between an arbitrator and a party’s counsel, revealed in the eulogy addressed by the former to the latter
Reference: French Supreme Court, 19 June 2024, no. 23-10.972, (confirmation of Paris Court of Appeal, Pole 5, Ch. 16, 10 January 2023, no. 20/18330) On 19 June 2024, the Court of Cassation issued a judgement on the independence and impartiality of arbitrators in an ICC arbitration relating to a contract between Douala International Terminal (“DIT”) […]