'Fixed' matter or matter 'to be fixed': the subtleties of abatement of a suit

15/08/2017 Under French law, proceedings may be terminated on several procedural grounds. One of them is the abatement of a suit, which consists of a lapse in…

Res judicata and occurrence of new facts

25/10/2016 On June 21 2016 the commercial branch of the Supreme Court renewed its application of the res judicata principle when the situation acknowledged by…

Civil procedure reform: new rules on provisional execution of judgments

04/02/2020 Introduction Automatic provisional execution Remaining exceptions Comment Introduction In France, provisional execution allows a judgment to be…

Taking evidence overseas within French proceedings

02/02/2016 The quest for evidence in civil and commercial litigation is often a major strategic challenge, as the quality and strength of evidence provided by…

Seizure of foreign state-owned assets: waiver of immunity from jurisdiction must be both express and specific

27/02/2018 In the framework of the world-famous case between the Republic of Congo and the Commissions Import Export SA (Commisimpex), the Supreme Court recently…

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