COMPETITION • FRENCH LAW • RESTRICTIVE PRACTICES
Prior mediation or amicable dispute resolution clauses generally require the parties to work together to find a negotiated solution to their dispute before being able to take their case to court. The courts are not hostile to the application of such clauses to actions based on Article L. 442-1, II (formerly Article L. 442-6, I, 5°) of the Commercial Code, provided that, like jurisdiction clauses, they explicitly cover the termination of established commercial relations. Some judges, however, consider that the tortious nature of the action provided for in Article L. 442-1 precludes the partners from being constrained by contractual stipulations, although this same argument has been rejected by the Court of Cassation with respect to jurisdiction clauses.
