Thesaurus : Doctrine
► Référence complète : M. Chapuis, "Dialogue et médiation, outils adéquats pour les contentieux de Compliance et de vigilance", in M.-A. Frison-Roche (dir.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) et Dalloz, coll. "Régulations & Compliance", 2024, à paraître
____
📕lire une présentation générale de l'ouvrage, L'Obligation de Compliance, dans lequel cet article est publié
____
► Résumé de l'article (fait par le Journal of Regulation & Compliance - JoRC) :
________
Feb. 9, 2024
Organization of scientific events
🌐follow Marie-Anne Frison-Roche on LinkedIn
🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law
____
► Full Reference: L. Aynès, M.-A. Frison-Roche, J.-B. Racine and E. Silva-Romero (dir.), L'arbitrage international en renfort de l'obligation de Compliance (International Arbitration in support of the Compliance Obligation), Journal of Regulation & Compliance (JoRC) and Institute of World Business Law of the ICC (Institute), Conseil Économique Social et Environnemental (CESE), Paris, February 9, 2024
____
____
🏗️This symposium takes place in the cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partners Universities, focusing in 2023-2024 on the general theme of the Compliance Obligation
____
📚The works will then be inserted in the books:
📕L'obligation de Compliance, to be published in the 📚Régulations & Compliance Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in French.
📘Compliance Obligation, to be published on the 📚Compliance & Regulation Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in English.
____
► General presentation of the symposium: "Compliance Obligation" appears to be far from International Arbitration if Compliance Law is only understood in terms of binding regulations or even Criminal Law. Arbitration would only have contact with Compliance Obligation in a repulsive way, when a person claims to have enforced a contract before an arbitration court that disregards a compliance prohibition, e.g. corruption or money laundering. It is therefore from a negative angle that the cross-over has taken place.
The fact that Arbitration Law respects the requisite of Criminal Law is nothing new. Moreover, the power of Compliance in its detection and prevention tools, particularly in terms of evidence, no doubt increases the global efficiency.
But Compliance Obligation is based on Monumental Goals, notably linked to global human rights and active ambitions about environment and climate which, particularly in the value chain economy, take the legal form of compliance clauses, or even compliance contracts, or various commitments and plans, which the parties can ask the international arbitrator to enforce. They will do so even more as arbitrators are often the only international, or even global, judges available.
The use they will do of Contract Law, Quasi-Contract Law, Enforcement Law, Tort Law, reinforces Compliance Law in a global dimension.
____
____
► Interviennent :
🎤 Laurent Aynès, emeritus Professor at Paris 1 Panthéon-Sorbonne University, Attorney, Darrois Villey Maillot Brochier (Paris)
🎤 Marie-Anne Frison-Roche, Professor of Regulatory and Compliance Law, Director of the Journal of Regulation & Compliance (JoRC)
🎤 Jean-François Guillemin, former General Secretary of the Bouygues Group
🎤 Christophe Lapp, Attorney, Advant Altana (Paris)
🎤 Jean-Baptiste Racine, Full Professor at Paris Panthéon-Assas University (Paris 2)
🎤 Eduardo Silva-Romero, President of the Institute of World Business Law of the ICC (Institute), Attorney, Wordstone (Paris)
____
🧮Read a detailed presentation of the event below⤵️
March 20, 2023
Publications
♾️ follow Marie-Anne Frison-Roche on LinkedIn
♾️ subscribe to the Newsletter MAFR Regulation, Compliance, Law
____
► Full Reference: M.-A. Frison-Roche, Laws, Compliance, Contracts, and Judges: places and alliances, Working Paper, March 2023.
____.
📝this working paper is the basis for an article published in French (click HERE) in the 📚chronique of Compliance Law held in the Recueil Dalloz.
____
📚Read the other articles published by this Compliance Law Chronicle. open since 2018.
____
►Summary of this Working Paper: To understand the functioning of compliance systems in the articulation of the legal actors and the legal instruments used, whatever the technical sector considered, it is necessary to put the "law", the "contract" and the "judge" back into the perspective of legitimacy and efficiency regarding what Compliance is.
At the very least, it is a 'conformity' mechanism. In this process of simple obedience, legislators, economic operators, and judges find themselves in the position of having to obey the law in a hierarchical conception.
In a more dynamic and ambitious conception, when Compliance Law is not reduced to a more astute method of obedience but draws substantial normativity from the Monumental Goals pursued, legislators and operators enter an alliance. The contract becomes a major instrument, and the Judge becomes a major actor, no longer to punish the non-obedient but to facilitate the links to help a sustainable system.
Faced with issues such as digital, climatic, and technological challenges, where we are each so weak and isolated, we must not limit our conception and practices to the instrument of conformity but choose the substantial Compliance Law, i.e. the alliance of forces, which puts forward the contract and renews the office of the judge, with the Public Authorities remaining legitimate in setting the Monumental Goals since they commit the future of the social group.
________
🔓read bellow the developments⤵️