► Full Reference: Journal of Regulation & Compliance (JoRC) and Law Faculty of Perpignan, Le juge face aux clauses et aux contrats de compliance (The Judge facing clauses and contracts of Compliance), Faculty of Perpignan, 7 April 2023.
🧮The event takes place in the premises of the University of Perpignan, on Friday 7 April 2023, from 9:00 to 18:30. It takes place in a hybrid way.
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Presentation of the theme:
The Compliance obligation will increasingly take the form of contracts. This is because the texts unilaterally adopted by Public Authorities oblige economic operators to adopt clauses to give concrete form to the legal obligations of Compliance, for instance active prevention of corruption or effective vigilance in the value chain to avoid environmental or human rights violations. It also comes from the fact that companies, for many reasons, commit themselves to contribute to the efficacy achievement of the Monumental Goals of Compliance, with the contract being the most natural, balanced and flexible way to achieve this.
In this multiple contractual activity, which can manifest itself either in complete contracts, "compliance contracts", or in stipulations that more or less deviate from the regulations, the judge is never far away, because the judge is always, regardless of the legal system and the type of contract, active in this matter.
The general relationship between the Judge and Compliance Law has just been the subject of a series of symposiums and the publication of a book, La juridictionnalisation de la Compliance (Compliance Jurisdictionalisation, to be published in English). The aim here is to refocus the perspective on what happens when the judge is facing a contract that has Compliance issues at stake or, at the very least, contains Compliance stipulations.
The purpose of this symposium and the articles that will follow is to study this hypothesis, which is becoming more and more frequent and could become the standard.
To registrer for following on site and online: anouk.leguillou@mafr.fr (please specify in your e-mail whether you wish to attend the event on site or online)
As places are limited, you will be asked to confirm 48 hours in advance
🧮The event will take place at the Conseil Économique Social et Environnemental, 9, place d’Iéna, 75116 Paris, on February 9, 2024, between 9 am and 12.45 pm.
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►Presentation of the topic: "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.
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The symposium, and the articles following, will expose the crucial global movement that starts. l
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Speakers:
🎤 Laurent Aynès, emeritus professor of Law at Paris 1 Panthéon-Sorbonne University, attorney, Darrois Villey Maillot Brochier law firm (Paris)
🎤 Marie-Anne Frison-Roche, professor of Law, director of the Journal of Regulation & Compliance (JoRC)
🎤 Jean-François Guillemin, former General Secretary of the Bouygues Group
🎤 Jean-Baptiste Racine, professor of Law 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)
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The symposium work will be the basis of complete chapters in the books:
📕 L'obligation de compliance, to be published in the collection 📚Regulations & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) andDalloz.
📘Compliance Obligation, to be published in the collection 📚Compltiance & Regulation, copublished by the Journal of Regulation & Compliance (JoRC) and Bruylant.
🔻 read une first presentation of the manifestation below ⤵️
►Référence complète : Journal of Regulation & Compliance (JoRC) and Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS), Durabilité de l’Internet : le rôle des opérateurs du système des noms de domaine. Compliance et Régulation de l’espace numérique (Sustainability of the Internet: the role of the operators of the domain name system. Compliance and regulation of the digital space), Paris 1 Panthéon Sorbonne University, 21 February 2025
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► The symposium is organised by the Journal of Regulation & Compliance (JoRC) and the Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS) of Paris 1 Panthéon-Sorbonne University.
►Presentation ot the theme: The digital space has been built on and as a system. Its primary interest is of a negative nature: it consists of to be preserved against the prospect of systemic failure, of not collapsing. Like all other systems, this 'Monumental Goal' specific to the digital system justifies resources that incorporate this concern for the future. As with all systems, it integrates and relies on the specific technical nature of this system.
The digital space is largely based on the invention, technology and architecture of domain names. Domain names, as an addressing system, enable users to enter the digital space and find other Internet users. The uniqueness and solidity of the domain name system, entrusted to a single root and decentralisation, makes this community possible for those who use the digital space and ensures the technical durability required, without which the digital space would be compromised.
The architecture, operation, operators and what they do under the control of legislators, regulators, judges and legal subjects are therefore examined from a dual technical and legal perspective, in the light of the imperative of sustainability.
This allows to progress in 4 stages.
Firstly, to examine the permanence in time and space of the domain name system, insofar as it is the foundation of the Internet and the digital system. This technical construction gives rise to legal qualifications, not only for the present but also for the future, since the Web3 offers new technical solutions.
Secondly, this technical sustainability is an imperative that is built into the operators of the domain names themselves, which are inter-linked not only at national level but also at global level, this cross-linking being necessary for the security of the system. The State is present through public law techniques that enable surveillance, control and possible recovery.
Thirdly, it imposes constraints on the operators subject to them in order to serve this monumental goal of technical sustainability, and these constraints themselves generate as many powers as they need to usefully achieve this mission. This proportionality must be at the heart of the method and the requirements. The relationship between constraints and powers also stems from it.
Fourthly, this imperative of technical sustainability, which is global in nature, gives way to imperatives of societal sustainability, more localised in space and time, when domain name operators are called upon by the legitimate authors of binding standards, legislators in the first instance, to express concerns such as the protection of people involved in the digital space and whose rights are compromised or who are in danger.
This second type of sustainability, which is more localised and less inherent in the architecture of the Internet, is justified by the available power of the operators concerned and their adherence to social imperatives. The resulting constraints and powers are therefore not the same.
The 2 sustainabilities must then be articulated in a conception that is both teleological and pragmatic.
► Full reference: Journal of Regulation & Compliance (JoRC) and University Jean Moulin - Lyon 3, Centre de recherche Louis Josserand : La contractualisation de la compliance : clause après clause (Compliance contractualisation: clause by clause), 25 September 2026
The symposium is under the scientific responsibility of Marie-Anne Frison-Roche and Jean-Christophe Roda.
Il will be held in French.
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To register:
🧮The event will take place at the University of Jean Moulin - Lyon 3.
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Presentation of the topic: There are numerous compliance clauses. Surprisingly little research has been done on them, which hinders the development of this practice. However, the Compliance Obligation that is so often emphasised in relation to civil liability no doubt because Compliance Law is excessively associated with sanctions, can just as easily originate from contracts and multiple clauses, since this is another way of being bound, without it being anything more than a means for the persons thus bound to fulfil their regulatory obligation.
It is therefore practice that has developed compliance clauses, the very existence of which is the subject of this symposium. By highlighting these provisions, their originality can be revealed, as well as the uniqueness conferred on them by Compliance Law and the diversity that may be required depending on criteria related to the purpose of the clauses, but also to the sector of activity or the identity of the contracting parties themselves.
From this already established practice, it is certainly the Judge who will determine its uniqueness and specificity. This case law is in its infancy because this practice is the result of compliance requirements arising from an emerging branch of Law, which is still under development.
Furthermore, the clauses examined here are not conceived from scratch, but are often adaptations of clauses familiar to lawyers, and as such may be reproduced, regulated, or even restricted or prohibited by rules that fall not only under general Contract Law, but also, clause by clause under Competition Law, Distribution Law, Consumer Law, Judicial and Procedural Law, or Private International law. The logic of Compliance Law, when it takes contractual form, does not always prevail and, in the same way that Compliance Law as a branch of Law is linked to other branches, compliance clauses, if they are to multiply and become more sophisticated, must be subject to this link.
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Speakers include:
🎤 Marie-Anne Frison-Roche, university professor, editor-in-chief of the Journal of Regulation & Compliance (JoRC) and Director of theEuropean School of Regulation and Compliance (EeRC)É
🎤 Julia Heinich, professor at Panthéon-Sorbonne University (Paris I)
🎤 Jacques Mestre, emeritus professor at the University of Aix-Marseille, president of the French Association of Doctors of Law (AFDD)
🎤 Jean-Christophe Roda, professor at the University of Lyon 3, director of the Louis Josserand research centre
The proceedings of this symposium will form the basis of a specific chapter in the following publications:
📕Compliance et Contrat, to be published in French in the collection 📚Regulations & Compliance, co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz.
📘Compliance and Contract, to be published in English in the 📚Compliance & Regulation Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Bruylant (Larcier-Intersentia).
