Article – Significant imbalance practice in international disputes – Lamy de la Concurrence – November 2023

Jean-Philippe Arroyo wrote an article on the significant imbalance practice in international disputes, which has just been published in the legal journal Lamy de la concurrence of November 2023.

In France, we have a very specific legal regime applicable to unfair trade practices in BtoB relationships. These rules are enforced by private entities (mainly the contracting party), but also by public authorities (mainly the Minister for the economy), which have strong powers (like requesting a fine and/or injunctions to remove clauses from a contract).

These peculiar rules raise legal discussions before the courts in case of international disputes involving foreign companies.

In such disputes, there are diverging solutions on the competent courts and the applicable law, which can vary depending on the plaintiff seeking to enforce the rules (either a private entity, or a public authority), whereas the terms of the contract, often governed by a law chosen by the parties, can be ultimately affected following such actions.

In an article that has just been published in a major French legal review, Jean-Philippe Arroyo presents this situation, and suggests a new approach that would appear more consistent, notably in light of international private law rules.