PRACTICES & SERVICES
Our law firm offers both counseling and litigation in the areas of business law, trusts and estates, and international family law, and is more particularly focused on issues arising out of international or transnational situations.
Arbitration and LitigationOur team possesses solid experience in arbitration, whether national, international, institutional or ad hoc.
We more precisely intervene in arbitration cases in the areas of
✓ Aviation Law and Admiralty
✓ Corporate law / Acquisitions
✓ Commercial Law / Negotiations and International Transactions
✓ Banking and Finance Law
✓ Intellectual and Industrial Property
✓ Real Estate Transactions and Financing
✓ International Private Law, including
✓ Distribution, Franchise and Know-how Licence Agreements
✓ Oil and Gas Law - Hydrocarbon Law
Throughout the arbitration procedure, we offer the following services to our clients:
✓ Counseling and drafting of arbitration clauses
✓ Representation and defense in front of arbitral tribunals
✓ Fulfilment of procedures for the recognition and enforcement of arbitral awards
We are frequently nominated as arbitrators, whether at the request of the parties to arbitration, or of the arbitral institutions. For more information regarding our arbitration services please visit the following website: www.warvarbitration.com.
Finally, we are qualified to offer you quality assistance throughout all the steps of litigation and to ensure that you are fully represented in front of civil or commercial jurisdictions.
Aviation, Maritime and Transport & logistics
Aviation lawOur law firm acts on behalf of an international and French clientele, including constructors, insurers, and other operators of the aviation sector, but also passengers of aviation companies.
We deal with all legal aspects linked to aviation law. Our domains of expertise include:
✓ Counseling, negotiating, drafting of contracts and dry & wet leasesWe also assist in litigation and arbitral procedures linked not only to the above listed domains, but also in regards to:
✓ Counseling, negotiating, drafting of aviation insurance contracts, ground handling agreements
✓ Aircraft financing and sale
✓ Counseling and auditing on conformity to national, European and international civil and penal regulations
✓ Counseling, auditing and assistance in matters of liens/privileges and seizure of aircrafts.
✓ Civil liability of aircraft manufacturers, equipment suppliers and air carriers maintenance workshops
✓ Civil liability of aerodrome and airport operators.
Maritime lawOur law firm deals with legal matters linked to vessels and other sea crafts.
We offer our clients (shipowners, charterers, port agents, seafarers, passengers) our expertise in:
✓ Counseling, negotiating, drafting contracts for sale, purchase, construction and financing of sea craftsIn all these matters, but also in matters of civil liability of maritime operators, we assist our clients through litigation or arbitration procedures.
✓ Counseling, negotiating, drafting of Charter Party, charter agreement, and other maritime transport contract
✓ Taking charge of precautionary, enforcement and sales measures for vessels and other sea crafts (ex: mortgage, privileges, preventive seizure, attachment, and sale).
Law of land Transport and LogisticsOur law firm possesses solid experience in matters of equipment supply, logistics and other land transportation activities.
We offer transport operators counseling, negotiation and legal drafting services in matters of:
✓ Transport insurance
✓ National and international contracts for transport of goods or people (including contracts for freight forwarders, forwarding agents, freight shipment, and suppliers)
✓ Contracts for lease of vehicle and other transport machinery
✓ Public procurement contracts
✓ Transport licenses, authorizations and consignment letters
✓ Contracts for logistics services (ex : storage, expedition, stocking, sub-contracting)
✓ Other commercial contracts linked to transports.
We counsel and evaluate conformity of your activities with national, European and international regulations regarding transport (ex: industrial risks, unfair competition).
We also represent our clients in front of international institutions, and insure their defense in litigation and arbitral procedures regarding:
✓ Contractual matters
✓ Public procurement issues
✓ Product liability or liability of transport operators
International contracts and commercial LawWe take action on behalf of our clients on all pre-litigation and litigation issues related to contracts, namely international contracts, that they wish to conclude or that may be presented with.
✓ Pre-litigation phase
- Counseling on commercial strategies as well as on applicability of free trade agreements✓ Litigation phase
- Audit, counseling, negotiation and writing of commercial contracts (such as purchase or sale agreements, contracts for provision of service, partnership contracts, supply contracts, general sales conditions, sale of business contracts etc.)
- Audit, counseling, negotiation and drafting of commercial lease and lease assignments
- Audit of issues related to contractual and torts liability
- Counseling regarding intellectual property questions
- Follow through of amicable settlement procedures or arbitration
- Taking in charge of all litigation aspects in front of national jurisdictions
- Procedures for recognition and execution of foreign decisions
Company Law and restructuring of companiesWe counsel and assist our clients in all aspects related to a company’s existence, starting from its inception and through all issues related to its management.
✓ Company creation
- Counseling on the appropriate form of corporation to create
- Drafting of a corporation’s constitution documents (Articles of company, etc.)
- Drafting and review of Shareholders’ agreements
- Assistance in fulfilment of administrative formalities
- Counseling in intellectual property issues
- Drafting, revue and negotiation of commercial lease
✓ Legal watch over company’s daily activities
- Drafting and approval of accounts
- Assistance in formalities required when various changes occur (ex: change of directors, shareholders, capital, etc.)
- Surveillance of formalities (general assemblies, record-keeping, etc.)
- Drafting, review of contracts for the assignment/sale of goodwill or company assets
- Assistance throughout receivership procedures
- Negotiation and drafting of asset and liability guarantee
- Taking charge of litigation
✓ Transformation of a company
- Counseling and accompanying clients through restructuring, transfer of companies (mergers, acquisitions, etc.)
✓ Termination of a company
- Counseling and assistance through dissolution procedures
- Counseling and assistance through liquidation procedures
- Counseling and assistance through assignment/sale of a corporation
✓ Bankruptcy proceedings
- Domestic and international compulsory liquidation✓ Business taxation issues
- Reorganization and judicial protection of corporations
- Domestication and international enforcement of bankruptcy judgment
- Audit and counseling on tax matters regarding various international operations of the corporation (property acquisitions, ownership dismemberment, financing and investments, transfer prices etc.)
- Audit and counseling on tax matters regarding corporation changes (sale or transfer of corporation etc.)
- Counseling on tax management in accordance with international laws and conventions
Immaterial rights, intellectual and industrial propertyWe counsel, audit, negotiate and draft contracts pertaining to immaterial rights, intellectual and industrial property, more specifically in the areas of:
✓ Designs and models
✓ Copyright and related rights
✓ Images rights, media law and marketing rights
✓ Art Law
We also offer quality assistance in fulfilling administrative formalities required for the protection of your intellectual property rights whilst establishing dialogue with the proper institutional authorities. We further take on litigation that may occur from the potential violation of your various intellectual property rights.
Franchise, Distribution and Competition Law
Franchising LawThough franchising is a commercial exploitation option that is growing in popularity, this form of distribution agreement nevertheless implies complex contractual relationships and legal rights. This is why we offer franchisors and franchisees counseling and assistance on different aspects such as:
✓ Pre-contractual issues
- Counseling on advantages/disadvantages of the franchising operation✓ Franchise creation
- Counseling on the development and organization of a network
- Review of laws and regulations applicable to the franchisor/franchisee relationship
- Writing, reviewing, negotiating the Pre-contractual Information Document✓ Legal watch over essential aspects of a franchise
- Writing, reviewing, negotiating the franchise contract
- Review and negotiation of commercial lease, lease assignment or sales contract of an already franchised location
- Writing, reviewing, negotiating assignment of goodwill
- Brands and logos/ intellectual property✓ Termination of the franchise, Litigation/Arbitration
- Transmission of know-how
- Continuous assistance
- Entry rights and royalties
- Commercial contracts (supply, intermediaries, etc.)
- Franchise and competition law / exclusivity clauses
- Tax issues regarding franchising operations
- Counseling and assistance in the assignment or transmission of the franchise
- Taking over of litigation between franchisor/franchisee, as well as arbitration procedures
Distribution agreementsRegarding all forms of contractual relationships between suppliers of goods and services and distributors (such as assignment contracts, affiliate commissions, agency agreements, exclusive or selective distribution agreements), we offer our clients the following services:
✓ Negotiation, review and writing of distribution agreements
✓ Review and writing of general conditions of sales, purchase and provision of service agreements
✓ Counseling and assistance in organization of distribution networks
✓ Assistance and management of relationships with intermediaries
✓ Legal watch of national, European and international laws applicable to distribution and related competition and intellectual property issues
✓ Taking on of commercial litigation and amicable termination settlements
✓ Legal watch of sectorial, national, European and international competition laws and regulations
✓ Information and audit of antitrust practices (concentrations, agreements, abuse of dominant position) and/or unfair practices (poaching, parasitism, violation of non-compete clause, commercial denigration etc.)
Information and audit of antitrust practices (concentrations, agreements, abuse of dominant position) and/or unfair practices (poaching, parasitism, violation of non-compete clause, commercial denigration etc.)
✓ Legal watch of sectorial, national, European and international competition laws and regulations
✓ Assistance during authorities inspection or seizure procedures (Competition Authority, European Commission etc.)
✓ Taking charge of litigation procedures in front of jurisdictions
International mobilityOur firm counsels and assists employees and employers on international mobility issues (secondment/posting of employees, provision of employees, or expatriation), namely regarding:
✓ Administrative procedures
- Determination of the legal period of posting/secondment as well as the appropriate immigration procedures (ex: authorization or work visa requirements)✓ Social protection
- Declarations and contact with different French and foreign social or tax authorities
- Actions pertaining to available administrative remedies
- Determination and counseling on the applicable social regime of employees✓ The work contract
- Administrative assistance (declarations, request to have a new regime applied)
- Legal actions pertaining to protection of social rights of employees
- Counseling and review international labor contracts as well as local labor contracts of the host country✓ Taxation issues
- Negotiation of international and local labor contracts
- Determination and counseling regarding the applicable taxation regime and its consequences for the employee
Investments and Establishing business in France or AbroadWe assist our clients, entrepreneurs, companies and startups who wish to realize their investment projects and establish themselves in France or abroad.
✓ We examine the possible legal structures as well as all legal and fiscal implications of your project in order to proposer the most efficient solutions
✓ We accompany you through all the necessary steps of your business establishment
✓ We provide counseling on all mobility questions linked to your business establishment
✓ We represent you in all negotiations of investment protocols and help you elaborate your financing operations (ex: credit operations etc.)
✓ We assist you in realizing your investment operations (ex: creating an investment fund, restructuring etc.)
✓ We insure your defense in case of litigation or in investment arbitration procedures
Business criminal lawCorporations and their directors may be subjected to criminal investigations and procedures. The question of their criminal liability may be raised following violation of various rules that may pertain to a multitude of different matters such as labor, torts liability (in case of industrial accidents for example), urban planning etc.
Their liability could also be retained for purely commercial offenses/contraventions such as misuse of company assets, insider trading, breach of trust, tax fraud, laundering and fraud, corruption, favoritism etc.
Our law firm:
✓ Counsels, informs and audits your activities in view of installing a compliance program
✓ Defends corporations and/or its personnel in front of jurisdictions or various authorities throughout criminal procedures
International family law✓ Counseling and drafting of marriage contracts / prenuptial agreements
✓ Fulfilment of international divorce procedures and recognition of foreign judicial decisions
✓ Recourses regarding child custody and/or parental authority
✓ Assistance through international abduction procedures.
International inheritance law✓ Counseling on estate protection ✓ Drafting wills and trusts
✓ Determination of the inheritance regime and its applicable laws
✓ Audit and counseling on taxation issues regarding inheritance
✓ Taking charge of international litigation
✓ Actions for recognition and enforcement of foreign judicial decisions.
Real Estate LawOur team assists you with commercial or professional leases, real estate sales, seizures, and helps you protect your rights:
✓ Commercial and professional lease :
- Negotiation, review and drafting of professional lease✓ Real estate sale :
- Negotiation, review and drafting of commercial lease
- Negotiation, review and drafting of lease assignment
- Negotiation, review and drafting of lease-management contracts
- Lease termination procedure and collection of rental arrears
- Assistance with administrative procedures
- Litigation procedures
- Negotiation, review and drafting of promise to sale/purchase✓ Real-Estate seizures
- Negotiation, review and drafting of a real estate sale/purchase agreement
- Audit of reals estate contracts with local and national regulations
- Dismemberment of ownership procedure (usufruct, servitude)
- Assistance in obtaining sales/purchase permits
- Assistance in recording your rights (liens etc.)
- Representation in case of litigation
- Taking charge of preventive seizure procedures
- Taking charge of sales/execution procedures
- Representation in court
- Representation at auctions
A Trust is legal relationship through which the ownership of a good owned by the founder of a Trust is assigned to a holder, on whom falls the responsibility of administrating it for the account of a beneficiary. It is an Anglo-Saxon legal scheme which does not exist in France, and is not quite identical to the notion of fiduciary.
Our law firm provides you with counseling on the consequences of creating a Trust abroad in cases of an international inheritance or international taxation involving France, or in case of litigation in front of French courts.
Immigration LawOur law firm accompanies you with your professional immigration and investment projects, and provides assistance with your request for French nationality. With our presence in North America and our team of attorneys having each a double jurisdictional background, we are capable of assisting you with:
✓ ➢ Obtaining a professional or investment visa in France
- Assistance in preparing your request for visa or work authorization, or an entrepreneur visa✓ Obtaining French nationality
- Recourse against a visa refusal
- Assistance in preparing your request for nationality through naturalization or through a certificate✓ Professional and business immigration in North America
- Recourse against refusal to grant French nationality
- Counseling on professional and business immigration to Canada
- Counseling on professional and business immigration to the U.S.A