Civil Law Conference

Join us for the third edition of the Civil Law Conference as we explore the critical topic of Contract Termination in Civil Law. This event will examine the intricate issues surrounding the grounds for termination, the enforcement process, and the available remedies when a contract is terminated.

Engage with leading experts as they offer comparative insights into how different civil law jurisdictions handle contract termination, addressing statutory and contractual grounds, enforcement challenges, and remedies.

Distinguished law professors, judges, and practitioners from the MENA region and other civil law jurisdictions will share their expertise on the practical implementation of these issues across diverse legal systems. This conference provides a unique opportunity for professionals from both civil and common law backgrounds—whether from the private or public sectors and including in-house or external counsel—to participate in a dynamic and comparative discussion around the termination of contracts in civil law.

The event will feature eminent academics and practitioners, offering a blend of theoretical and practical perspectives on the topic.

Co-chaired by Lara Hammoud and Carine Dupeyron.

Programme

9h – 9h30 – Welcoming participants

9h30 – 9h45

• Introductory remarks by the Co-Chairs Lara Hammoud and Carine Dupeyron
• Keynote Speech

Morning (9h45 – 13h) – The Grounds for Termination of Contracts

Session 1: Grounds for termination of contracts (1h30)

• Academic point of view –– Introductory presentation by a professor in Law – 15 minutes
• Comparative approaches of legal framework and case law in different civil law jurisdictions

This session will address the distinction between termination and rescission and delve into the various grounds for termination, both by law such as the nullity or lapse of the contract or changes in law affecting the contract and under the contract such as in the event of breach of the contract, termination for convenience and unforeseen circumstances. The panel will also discuss the conditions for the effectiveness of the termination with reference to immediate termination, the requirements of notices or judicial decisions and therefore the dates upon which termination would be considered effective.

Coffee break (11h15 – 11h45)

Session 2: Practical considerations and complex scenarios – (1h15)

This session will address practical considerations with respect to grounds for termination with reference to complex scenario including discussions on legal (out-of-contract) causes for nullity, wrongful termination, termination clauses, shared responsibilities, abuse of right, good faith in termination and termination of non-binding agreements.

Lunch (13h – 14h)

Afternoon (14h – 17h15) – The Remedies available after Termination

Session 3: remedies available after termination – (1h30)

• Academic point of view –– Introductory presentation by a professor in Law – 15 minutes
• Comparative approaches of legal framework and case law in different civil law jurisdictions

This session will consider who can seek remedies and in what circumstances by exploring the effect of termination vis a vis the parties to the contract as well as third parties. The panel will address the available remedies in case of termination as well as the standard of proof and the role of the judge/arbitrator with respect to remedies.

Coffee break (15h30 – 16h)

Session 4: Practical considerations and complex scenarios – (1h15)

This session will address practical considerations around available remedies with reference to practical scenarios involving among other things, remedies in case of wrongful termination, proof of damages, obligation to mitigate, available interim measures, how to determine the best remedy and time limitation.

Closing remarks (17h15 – 17h30)

Join us for the second edition of the civil law conference as we delve into the pivotal topics of the theory of imprévision and the intervention of the judge in civil law contracts.

Explore the intricate balance between the theory of pacta sunt servanda and the authority granted to judges to intervene in specific circumstances in the parties’ agreements. Engage with experts and hear comparative approaches with respect to the theory of imprévision and the judicial intervention in case of non-performance of the contract by a party.

Law professors, judges and practitioners from the MENA region and other civil law jurisdictions will provide insight into how these topics are implemented in various civil law jurisdictions.

Both civil law and common law professionals, from the private and public sectors, in-house and outside counsel would benefit from and contribute to a comparative discussion on these fundamental concepts. The discussion will be led both on theoretical and practical levels by eminent academics and practitioners.

Co-chaired by Lara Hammoud and Carine Dupeyron.

Programme

9h – 9h30 – Welcoming participants

9h30 – 10h

• Welcoming remarks by Linda Fitz-Alan
• Introductory remarks by the Co-Chairs Lara Hammoud and Carine Dupeyron
• Keynote Speech by Professor Pierre Tercier

Morning (10h – 12h45) – The theory of Imprévision v. the binding nature of contracts

Session 1:
The Theory of Imprévision (1h15)

Under the theory of imprévision, the judge is permitted to amend the contract during its performance under specific circumstances. In this session, panelists will discuss, among other things, the conditions for finding a situation of imprévision as well as the conditions under which the judge can revise a contract as well as the consequences of application of the theory on the contract. Panelists will also address the different approaches of the theory under different legal systems.

• Academic point of view – Presentation by Professor Najib Hage-Chahine
• Comparative approaches of the application of the theory of imprévision in different civil jurisdictions

Moderator: Dr. Pascale Accaoui Lorfing

Speakers:

• Jean-François Tossens
• Ali Aidarous
• Dr. Ismail Selim
• Nada Sader

Coffee break (11h15 – 11h45)

Session 2:
Practical considerations around the theory of imprévision– (1h)

In this session focusing on the practical application of the theory of imprévision, panelists, among other topics, will share their experiences with respect to the theory of imprévision, in particular within the recent global events that may have affected contracts and projects worldwide. The panelists shall also discuss the theory of imprévision in comparison with Force Majeure and hardship clauses.

Moderator: Carine Dupeyron

Speakers:

• Karim Nassif
• Sara Aranjo
• Sami Houerbi
• Richard Bell
• Naomi Briercliffe

Jus Mundi presentation of Jus AI tool by Jean-Rémi de Maistre, – 15 min

Lunch (13h – 14h)

Afternoon (14h – 16h45) – The non-performance of the contract: what can the judge do?

Session 3:
The judge/arbitrator intervention with respect to clauses applicable in the event of non-performance of the contract (1h15)

The parties are free to anticipate and agree on rights and obligations that would apply in the event the contract is not performed by either party. Clauses such as liquidated damages, limitation of liability, penalty or force majeure refl ect the parties’ agreement in anticipation of the non-performance of the contract. In this session, the panelists shall address the validity and enforceability of those clauses as well as the extent of intervention granted to judges under different civil jurisdictions and how such intervention may affect the parties’ agreement.

• Academic point of view – Presentation by Dr. Marc Henry
• Comparative approaches of the judicial intervention on these clauses

Moderator: Dr. Mireille Taok

Speakers:

• Alain Farhad
• Małgorzata Surdek-Janicka
• Dr. Mahmood Hussain
• Ali Al Zarooni
• Joseph Chedrawe

Coffee break (11h15 – 11h45)

Session 4:
Practical considerations around the applicability of those types of clauses and the power of intervention of the judge/ arbitrator – (1h)

In this session focusing on the practical application of the clauses applicable in the event of non-performance of the contract by a party, the panellists shall address the elements to consider when negotiating those clauses as well as the types of disputes that they may raise. The panellists shall also share their experiences on courts or arbitral tribunals’ intervention or decisions with respect to those clauses.

Moderator: Lara Hammoud

Speakers:

• Nadine Debbas
• Nicholas Tse
• Sana Belaid
• Anne Hoffmann

Cocktail reception (17h – 19h)

Focusing on the civil law traditions of the MENA region, this one day Colloquium aims at examining essential concepts developed in the civil law systems with a comparative approach from different jurisdictions and legal systems. In this first conference, which aims to be an annual meeting for sharing knowledge and experience, preeminent academics and practitioners will discuss two fundamental topics: the concept of good faith and the principles applicable to the interpretation of contracts in civil law jurisdictions.

Law professors, judges and practitioners from the MENA region and other civil law jurisdictions (France, Italy, Switzerland, Belgium etc.) will provideinsight into how these concepts are implemented in various civil law jurisdictions.

Both civil law and common law professionals, from the private and public sectors, in house and outside counsel would benefit from and contribute to a comparative discussion on these fundamental concepts. Eminent academics and practitioners will lead the discussion on theoretical and practical levels.

Co-chaired by Lara Hammoud and Carine Dupeyron.

Programme

9h – 9h30 – Welcoming participants

9h30 – 10h

• Welcoming remarks by Linda Fitz-Alan
• Introductory remarks by the Co-Chairs Lara Hammoud and Carine Dupeyron
• Keynote Speech - Prof. Dr. Mohamed Abdel Wahab

Morning (10h – 13h) – Focus on the Interpretation of civil law Contracts: the parties’ intent

Session 1:
Weight of the Parties’ intention in the interpretation of contracts in civil law systems (1h30)

• Academic point of view – Contract interpretation and the role of the parties’ intent in civil law– including comparative analysis between continental Europe civil law jurisdictions
• Current law and case

Coffee break (11h30 – 12h)

Session 2: Practical session:
Practical considerations around the parties’ intent – panel discussion with interactive debate – (1h)

• Practical approach: how to find and interpret the parties’ intent in transactions and disputes: role of the negotiations, what evidence is relevant
• Cultural differences in approaching the parties’ intent from a common law perspective/misconceptions, misinterpretation and errors
• Debates

Lunch (13h – 14h)

Afternoon (14h – 17h) – Focus on the performance of civil law Contracts: the concept of Good Faith

Session 3:
The role of Good faith in performing civil law contracts – (1h30)

• Academic point of view – Good faith concept in civil law– including comparative analysis between continental Europe civil law jurisdictions
• Current law and case law status in the UAE including comparative studies between Middle Eastern jurisdictions

Coffee break (15h30 – 16h)

Session 4:
Practical considerations around Good faith – panel discussion with interactive debate – (1h)

• Practical implementation of the Good faith principle in transactions and disputes
• Cultural differences in approaching Good faith from a common law perspective/misconceptions, misinterpretation and errors
• Debates

Closing remarks (17h – 17h20)

Cocktail reception (17h30 – 19h)