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Rachel J. Roche

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Tribunal of Commerce and the ICC

Posted by Rachel J Roche on February 18, 2013 at 11:45 AM

Last week was awesome – I started jogging again which is great for learning my way around my new arrondissement (thank you Decathlon for your sale on sportswear!), I attended another energetic Gym Suédoise with Caroline which is hilarious (you can watch a video which gives you the gist here: http://www.youtube.com/watch?v=-OSazdnkX_0) and, after a busy week of lectures and visits, Adam came to stay at the weekend!

On Wednesday, we had our last lesson of Droit des Societes with the lovely M. Lecourt following which he and the class went for lunch together at a Korean restaurant in the Marais before a visit to the Tribunal de Commerce. M. Lecourt also gave us our grades for the cas pratique which we had worked so hard on in January. I scored a ‘mention’ which was great, and everyone did well – the exam for this subject is in 2 weeks’ time.

The Tribunal de Commerce hears disputes between traders and is much like any other Court apart from the fact that the judges are businessmen themselves and are elected by their peers to hear disputes. It was really interesting and we warmly welcomed and had the opportunity to ask questions to the new président of the Tribunal M. Gentin who was elected on the 20th October 2011. Our guide for the afternoon was M. Jacques d’Arjuzon who is the président of the chambre de droit des societes who took a great interest in our studies and enjoyed showing us the workings of the court. We had the opportunity to sit in on the court (which is public and very lively) and Chen and I were invited back the following morning to sit in on several audiences de plaidoiries heard by M. d’Arjuzon himself. There were 6 “affaires” in total, ranging from the appointment of a “juquidateur” to wind up a company whose owners had fled abroad as their business had gone down the pan after 6 short months, to the multi-million pound subsidiary of a national supermarket chain and the issue of “competence”. The multi-million pound subsidiary wanted their main arguments to be thrashed out in “arbitrage” (where proceedings are secret although can cost up to 100,000 euros), whilst the smaller company wanted the Tribunal itself to decide the matter where it’s free, although open to the public. I wonder what will end up happening there. The next “audience” for that one is scheduled for some time in March.

Following our morning at the Tribunal, we then had a short meeting with an alumnus of the LL. who now works in Frankfurt, to discuss the setting up of an association of alumni which myself Chen and Thomas are in the process of creating. In France, such an association has to be formally drawn up and registered with the préfecture. Now starts the task of locating all previous students!

The visits continued on Friday with Professor M. Ameli of droit de l’entreprise, to the International Chamber of Commerce (ICC) whose head office is in Paris. Despite my lack of practical experience in this domain, it’s an area that I am becoming increasingly interested in. The visit itself was very well organised – we firstly had a general presentation about the ICC, its policies and commercial practices, by François Gabriel Ceyrac the director of membership. This was followed by a talk by Calliope Sudborough regarding the ICC’s Amicable Dispute Resolution and then finally, a presentation by Anne Caudrillier about the international court of arbitration. I found the ICC very welcoming and the speakers engaging.

After the ICC, I then had to locate Adam who was in café Benjamin along rue de Rivoli..! Our first proper tourist weekend had begun! I’ll be updating you on that in my next blog entry.

 

Categories: Sorbonne, Paris

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