Andrew Tetley

Andrew Tetley

Reed Smith

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Latest Publications


Third Party Successfully Challenges Arbitral Award

Introduction - In France, a procedure exists whereby a third party (X) affected by a judgement between two other parties (Y,Z), may challenge that judgement by way of third party action (tierce opposition), where that...more

9/8/2015 - Arbitration Awards France Joint and Several Liability Mandatory Arbitration Clauses Stock Purchase Agreement Third-Party UK UK Supreme Court

Does French law recognise a duty to mitigate?

Introduction - On 2 July 2014, the 1st Civil Chamber of the French Cassation Court reaffirmed that a tortfeasor is liable for all consequences resulting from his or her tort. The victim of the tort has no duty to...more

12/2/2014 - France Loss Mitigation Tort Reform

ROME II – Opportunities and Risks for the Financial Sector

This alert reports a French case that relates to a hedge fund registered in the Cayman Islands, the investment agreement of which was governed by Cayman law, and where the actions complained about (withdrawing from the fund)...more

11/22/2013 - Financial Regulatory Reform Hedge Funds Investors Risk Management

Distribution of dividends in kind: a useful way to divest company holdings in favour of shareholders: TCI, EADS, Dassault and Co.

Summary - Like English and U.S. laws, French law allows, under certain conditions, public joint stock companies (“sociétés anonymes”) or simplified joint stock companies (“sociétés par actions simplifiées”) to...more

9/30/2013 - Dividends EU Shareholders

French Ruling reinforces board members’ right to information prior to their revocation

Summary - The French Court of cassation recently decided that it is a prerequisite that board members of public companies (“sociétés anonymes”) be informed of the reasons for their revocation, prior to this issue being...more

9/30/2013 - Annual Meeting Board of Directors EU Revocation Right To Know

Crowdfunding: first steps from French regulators until specific regulation next September

Crowdfunding basically consists in the funding of a project by raising many small amounts of money from a large number of people, typically via the Internet. Primarily used in specific artistic sectors, such as the music or...more

6/3/2013 - Crowdfunding EU Financing Internet Loans Motion Picture Industry Music Industry Venture Capital

A Story of Stock, Security and Simplicity Sacrificed Under French Law

Introduction - In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that legislative reform in this area, brought about by a...more

4/25/2013 - Creditors Debtors Private Property Stocks

Creditors Beware - Time to Health Check Your Terms and Conditions of Sale & Invoicing Practices

Introduction - Under Directive 2011/7/EU dated 16 February 2011, EU states had until the middle of this month to implement a number of measures to combat against late payment of invoices in commercial transactions, an...more

3/7/2013 - EU Invoices Late Payments Terms and Conditions

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