Management of Unpaid Debts

July 2022

Abstract

The internationalisation of contractual and business relations implies that contractors and subsidiaries are no longer negotiating and doing business solely in their country of origin but that they have bases abroad, sometimes in very different jurisdiction. Consequently, the financial flows come from very different countries. The difficulty arises when payment incidents occur due to a defaulting foreign partner. No company is spared from contractor’s default. The legal department must be able to set up alerts, monitor and identify mechanisms with the financial department to control and obtain payment. Meanwhile, the decision has to be made on how to deal with new orders or services requested by the contractor, that will increase his debt.

Authors

Celine Gasser

Senior European Counsel, Bird & Bird AARPI, France

Celine Gasser, Senior European Counsel at Bird&Bird in Business Litigation and Criminal Business Law Acting before the Courts of First Degree and the Appeal Courts, Celine also advise on civil, commercial and criminal cases, as well as on issues of unfair competition and termination of business relations. Celine developed significant experience in litigation in civil and commercial matters, distribution law, commercial or contractual liability, or in disputes between partners. Celine also acts as a drafter of sui generis contracts, amicable termination of commercial leases or specific clauses of residential leases.

Anne-Florence Raducault

Partner , Bird & Bird AARPI, France

Anne-Florence Raducault, Partner at Bird&Bird in Business Litigation and Criminal Business Law Anne-Florence is a partner in Bird&Bird Dispute Resolution Group in France, which has a particular interest in the civil, commercial and criminal risks in industrial sectors, and assist clients for prevention of risks and compliance. Anne-Florence assists international clients on commercial litigation cases (breach of contract, unfair competition, shareholders disputes, etc.) before the courts of first degree or Appeal Courts. For international commercial relationships or for non-French companies, especially related to international contracts or foreign contract policies, she draws her experience of European issues, particularly on the recognition and enforcement of judgments in civil and commercial matters. In recent years, she has written several operational books aimed at business leaders to help them understand their own personal risks, as well as the key measures for good management of risk prevention, and how to manage risks and crisis when they happen.

Emilienne Salmon

Contract In-House Lawyer, GROSFILLEX Group, France

Emilienne is in charge of business law in conjunction with all the transversal departments and the management of the GROSFILLEX Group. She is involved in negotiating contracts, managing litigation with the lawyers and advising the operational teams. She can also provide support to the team specialising in insurance and corporate law. Her contacts belong to all the entities of the GROSFILLEX Group (subsidiaries and parent company).

Companies

Bird & Bird AARPI

Bird & Bird is an international law firm, with more than 1,400 lawyers in 30 integrated offices across Europe, the Middle East, Pacific Asia and North America. Our deep industry knowledge of our clients’ activities sets us apart. In France, Bird & Bird is located in Paris and Lyon and has more than 135 lawyers. Through our extensive and expertise in all forms of dispute resolution, Bird&Bird is able to define and implement a tailored disputes strategy for each individual case best suited to you and for the best quality/price ratio. Bird&Bird expertise covers disputes in various key areas: • Commercial: breakdown in negotiations or established contractual relationships, contractual, performance, contractual or tortuous liability; • «Techs and Comms »: disputes related to IT projects, internet projects, software, software distribution and license agreements; • Corporate: disputes related to mergers and acquisitions, restructuring, regulation of powers of corporate bodies, shareholder relations; • General liability: particularly in the field of liability for defective products, in various industrial sectors (automotive, chemical, pharmaceutical, aeronautical and transport); • Construction: disputes related to project management and subcontracts, as well as disputes in the energy sector (infrastructure, investments, supply agreements…) ; • Corporate Crime: directors’ criminal and civil liability; risk analysis and prevention...

Bird & Bird AARPI

GROSFILLEX Group

GROSFILLEX Group's business is the manufacture and sale of plastic-based equipment for the home and its environment, both in France and internationally. GROSFILLEX has production centres in France, the USA and Brazil.

Economic initiatives within the Latin America region over the past two decades have led to a dramatic increase in investment from China, particularly within critical industries such as energy, infrastructure,...Read more

Drew Costello

Partner, Forensic Risk Alliance, USA

Brian Ross

Associate Director, Forensic Risk Alliance, USA

Jordan Basich

Associate Director, Forensic Risk Alliance, USA

Intra-Group Communications: An Avenue to More Efficient Legal Risk Management

The purpose of this paper is to discuss the possibilities for in-house counsel to help maximize their efficiency and presence by adding emphasis on communication within their company. Essentially the...Read more

Kaisa Enkkela

Communications Manager, VR Group, Finland

Canadian Policy and Corporate Governance Recommendations to Address the United States’ Tariffs

Canada is one of the few countries in the world experiencing the most pronounced effects, including financial and job losses, of President Trump’s tariffs (i) upon exports of Canadian goods,...Read more

Richard Leblanc

President, Boardexpert com Inc, Canada

The Current Status of Diversity, Equity, and Inclusion Efforts in U.S. Companies: Challenges, Progress, and Future Directions

Diversity, equity, and inclusion (DEI) initiatives have become central to the missions of many U.S. companies. These efforts seek to address historical inequities, foster inclusive environments, and serve an increasingly...Read more

Mary Kennard

Vice President & General Counsel (retired), American University, USA

Management of Unpaid Debts

Abstract

Authors

Companies

Bird & Bird AARPI

Bird & Bird AARPI

GROSFILLEX Group

Related Papers