Lacamp Law defends you in France and in China, both in French and Chinese law.
We assist you upstream, during the drafting of the contract and its execution, in order to prevent the occurrence of a dispute.
In the event of a dispute, we favour an amicable settlement whenever this is in your best interests.
If proceedings have to be taken, we defend you before arbitration and judicial courts.
Throughout the dispute resolution process, we take care to anticipate the risks of non-performance of the amicable agreement, judgment or arbitration award, in order to preserve its effectiveness.
Some clauses carry the seeds of a future dispute ; others can compromise the outcome before it even begins.
In order to secure your project, we use our knowledge of French and Chinese law to manage the risks of conflict and give you a strategic advantage upstream.
We analyse the dangers specific to your situation, taking into account in particular the nature of the planned transaction and the profile of your contracting partner, in order to provide for the clauses most protective of your interests :
- negotiation, conciliation or mediation clauses prior to any action ;
- amicable expertise (ad hoc, institutional) or dispute board clauses ;
- jurisdictional clauses ;
- arbitration clauses ;
- time limitation clauses ;
- clauses relating to evidence ;
- litigation costs clauses ;
- applicable law clauses ;
- contract interpretation clauses ;
- limitation or exclusion of liability clauses ;
- penalty clauses ;
- resolutory clauses ;
- risk allocation clauses ;
- force majeure and hardship clauses ;
- guarantees (retention of title clause, surety bond, letter of credit, first demand guarantee).
We are also convinced that maintaining a quality relationship with a partner is a determining factor in the successful execution of a contract, particularly when a Chinese company is involved.
We therefore do our utmost to help you develop a relationship of trust with your contracting partners, drawing on our experience of Franco-Chinese relations and our command of the Chinese language.
In many respects, settling a dispute out of court is often the best solution, particularly in international disputes : speed, cost, confidentiality and preservation of the relationship with your partner if it is to continue.
We can assist you in all types of non-litigious settlement : negotiation; participatory procedure ; conventional or judicial conciliation ; conventional (ad hoc, institutional), judicial or arbitral mediation.
We ensure that the agreement is in line with your interests, whatever its form (transactional protocol, conciliation or mediation agreement), and assist you in its follow-up, in order to make it fully effective (judicial approval in France or in China, consent award).
We represent you before the French civil, commercial and criminal courts, in ordinary and emergency proceedings (summonses for a fixed date ; interim measures of protection, provisional measures or injunctions ; hourly interim measures ; proceedings on request).
We also defend you in China, directly or through a local firm when required by law.
Contrary to popular belief, it is quite possible to obtain a conviction against a Chinese company before the Chinese courts ; in some cases, initiating proceedings in China may even be the most advantageous strategy.
Furthermore, we ensure that the execution of the judgment is not compromised even before it is pronounced : we make sure that French, Chinese and international procedural rules are respected, and we implement all the prerogatives that these rules offer in order to avoid any possible bad faith behaviour by your opponent.
Once the judgment is rendered, we help you to obtain its enforcement.
In this respect, we have developed particular expertise in the recognition (exequatur) and enforcement of foreign judgments, in France and in China.
We represent you before French and Chinese arbitration institutions (in particular the ICC, CIETAC, SHIAC) and ad hoc arbitration tribunals, in ordinary or emergency proceedings.
We act in domestic and international arbitration.
As in litigation, we anticipate the enforcement of the future award and consider all measures, including conservatory measures, that may be necessary.
Finally, we assist you in all legal proceedings following the arbitration award, whether for its recognition (exequatur), its enforcement or its annulment.
We act in civil and commercial matters, as well as in criminal business law.
We are keen to maintain diversity in the disputes we handle : this allows us to be creative, adopting new approaches based on our transversal knowledge of conflict resolution.
CIVIL AND COMMERCIAL LAW
We assist you in all contractual disputes – invalidity, non-performance, disagreement in the interpretation of the contract – arising with your clients and partners (associates, suppliers, distributors, service providers, subcontractors).
We also represent you in extra-contractual disputes arising from business law.
Litigation relating to shareholders' agreements
Liability of a company director
Distribution disputes (exclusive or selective, franchising)
Abuse of economic dependence
Restrictive practices of competition (in particular significant imbalance, brutal rupture of established commercial relations, violation of a ban on off-network resale)
Unfair competition (denigration, confusion, disorganisation, parasitism)
Unfair commercial practices (deceptive practices, aggressive practices)
Disputes relating to the validity, assignment or licensing of a trademark or copyright
Misappropriation of a business secret (including know-how), disclosure of a trade secret
Defective products, latent defects and lack of conformity
CRIMINAL BUSINESS LAW
We defend you in criminal proceedings, whether you are a defendant or a victim of an offence.
We do not hesitate to use the tools offered by business criminal law to support civil and commercial litigation.
Theft, concealment, fraud
Breach of trust, misappropriation of corporate assets
Corruption, influence peddling, favouritism
Criminal liability for anti-competitive practices, unfair commercial practices between companies or with consumers
Criminal liability for counterfeiting or disclosure of a trade secret
Bankruptcy and other offences under the law of companies in difficulty