CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SUDDEN BREACH OF COMMERCIAL RELATIONSHIPS – ARBITRATION CLAUSE – JURISDICTION CLAUSE – SPECIALIZED JURISDICTIONS

Specialized jurisdictions: The French Supreme Court decides on an arbitration clause and a clause conferring jurisdiction in the context of litigation relating to Article L. 442-6 of the French Commercial Code (Cabinet maîtrise d’œuvre / Lavalin international)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Litigation arising from the existence of specialised courts with exclusive jurisdiction to hear disputes relating to Article L. 442-6 C. com. is not confined to questions arising from the multiple grounds for the claims or the application over time of the system set up by Law 2008-776 of 4 August 2008 on modernisation of the economy and Decree 2009-1384 of 11 November 2009. It is also the measure of the contract's influence that raises questions. More specifically, the question arises as to whether procedural clauses, such as an arbitration clause or a clause conferring jurisdiction, remain fully effective when a dispute arises relating to the application

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, Specialized jurisdictions: The French Supreme Court decides on an arbitration clause and a clause conferring jurisdiction in the context of litigation relating to Article L. 442-6 of the French Commercial Code (Cabinet maîtrise d’œuvre / Lavalin international), 1 March 2017, Concurrences N° 2-2017, Art. N° 83852, pp. 124-126

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