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OLIVIER CUPERLIER

Lawyer at the Paris Bar 

BUSINESS LAW - CONFLICT MANAGEMENT 

BIO EXPRESS

BIO EXPRESS

Olivier Cuperlier is a lawyer registered to the Paris Bar since 1996. He specialises in advising companies, from their setting up (choice of the most appropriate legal form, incorporation) to their existence (drafting of the main partnership, product distribution and services agreements, drafting of general conditions of sale and services etc.). He also deals with their conflicts as well as their possible financial difficulties to be addressed through insolvency proceedings (including judicial safeguard, restructuring or liquidation).

 

Olivier is recognised in the field of pre-litigation (preparation of the file and evidence, analysis of the judicial risks) and litigation before state courts and arbitration tribunal in France and abroad. He acts as an arbitrator in ad hoc and institutional proceedings.

 

Accredited mediator since 2008, he is registered on the list of mediators with the Paris, Versailles and Dijon Courts of Appeal and has a perfect command of Amicable Dispute Resolution methods in order to find a fast and adapted solution to the interests of his clients.

 

He has also worked for more than 15 years in french-speaking Africa in the field of ​​litigation, as well as advising companies wishing to set up or establish partnerships there.

 

Olivier works in French and in English

GESTION

CONFLICT MANAGEMENT

Conflict is part of business. Ignored or, on the contrary, exacerbated, it is destructive of value. Addressed in a timely and proper manner, it can be a source of progress. In all cases, it must be managed, and lawyers are the best specialists in conflict management, being aware that litigation is only one way among others for resolving disputes.  

 

Trained in negotiation and mediation techniques, mediator and certified arbitrator, Olivier will advise you effectively. He will suggest the most appropriate approach for your situation after an analysis of the situation and the interests at stake.

 

It is also important that you be assisted from the drafting stage of your contracts to include clauses that will facilitate the resolution of disputes that may arise in the execution of these contracts.

State litigation

 

Judicial litigation is often criticised for its complexity and slowness. However, it is sometimes unavoidable to resort to state courts to preserve or assert one's rights.

 

It is to be noted that Paris courts are rather efficient: provisional measures can be obtained in one week, and interim decisions within three months.

 

Olivier intervenes before the civil and commercial courts all over France.

 

 

Mediation

 

Mediation is a non-jurisdictional and confidential process of amicable resolution of disputes through the intervention of an independent and impartial third party.

 

This third party, called a mediator or conciliator, helps to reach a negotiated solution to the dispute. Deprived of any jurisdictional power, he cannot impose anything on them. His good knowledge of mediation techniques allows him to facilitate discussions between the parties and help them find their own solution to their dispute.

 

Mediation allows the parties to resume the dialogue and possibly to pursue a commercial relationship on a renewed basis.

 

75% of mediations result in an agreement.

 

Olivier intervenes as a mediator appointed by mediation centers or state courts. He also assists clients in the context of judicial or conventional mediation.

 

 

Arbitration

 

Arbitration is a jurisdictional and confidential process of dispute resolution by the intervention of one or more arbitrators, all independent and impartial.

 

The arbitration tribunal has the task of rendering a decision (called an arbitration award) most often as a last resort, which is binding on the parties and puts an end to the dispute.

 

Olivier CUPERLIER intervenes (as counsel or arbitrator as well in French or English) in arbitration proceedings taking place in France or abroad in matters of institutional (ICC, CMAP or CCJA) or ad hoc arbitration. He also appears before state courts in cases resulting from arbitral proceedings (constitution of the arbitral tribunal, challenge of the arbitrators) or the award itself (exequatur procedure, appeal on grounds of nullity).

 

 

Other ADR

 

Olivier Cuperlier will also be able to offer you other amicable dispute resolution methods such as independent legal assessment, amicable technical advice, decision on last offer etc. in accordance to the situation.

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CIVIL OR COMMERCIAL
PROCEEDINGS
LOSS
ASSESSMENT

MEDIATION
DOMESTIC OR INTERNATIONAL
ARBITRATION

 

RISK ANALYSIS
AND PREVENTION

YOU

OHADA

AFRICA / OHADA

OHADA is the Organization for the harmonization of business law in Africa. This integrated legal system is unique in the world and brings together 17 African states that decided, in 1993, to modernise and standardise their business law (www.ohada.com).

 

OHADA is now effective and allows investors to have a uniform law in the 17 countries of the OHADA zone in the following areas:

·      Revised Uniform Act relating to the Law of Commercial Companies and the Economic Interest Grouping;

·      Revised Uniform Act relating to General Commercial Law;

·      Uniform act relating to accounting law and financial information;

·      Uniform act organizing collective procedures and wiping of debts;

·      Revised Uniform Act organising security interests;

·      Uniform Act relating to the law of cooperative societies;

·      Uniform Act relating to contracts for the carriage of goods by road;

·      Uniform act organising simplified recovery and enforcement procedures;

·      Uniform act relating to mediation;

·      Uniform Act relating to arbitration;

 

Europe is actually taking inspiration of this model to set up a European Business Code.

 

Olivier CUPERLIER is familiar with OHADA law and has a network of lawyers and accountants enabling him to meet his clients’ needs:

·      In Cameroon;

·      In Ivory Coast;

·      In Senegal;

·      In Guinea;

·      In Nigeria;

·      In Benin;

.      In Mali;

.      In Morocco;

.      In Tunisia.

FORMATIONS

TEACHING & TRAINING

Alongside with his professional activity, Olivier Cuperlier has always taught in both business schools and university in the following fields:

  • Legal aspects of company financing, EDHEC Business School 2005- 2009;

  • Civil procedures, enforcement procedures, mediation, Bar school of Paris since 2010;

  • Negotiation strategies and dispute resolution, Rouen Business School, 2013

  • Legal monitoring of financial activities, Master’s degree of Banking and Finance, Faculty of law, economics and social sciences of Tours 2017-2018.

 

He also delivers every year training sessions in alternative dispute resolution methods in France and abroad (Haiti, Morocco, Benin, Cameroon etc.).

 

Please, feel free to contact him should you wish to organise a training session.

NEWS

In France
 

  • Speech on the limit to the protection in "the protection of the weak or impecunious party in arbitration" organised by the European Court of Arbitration in Paris, 18 December 2019
     

  • Speech on 'Arbitration and mediation: the new laws: what innovations? Which applications? ', Ohada Days in Lyon on November 14, 2018
     

  • Moderation of the round table on 'Mediation, arbitration and investment: challenges and perspectives', day organized by the Paris Bar, on 12 December 2018

     

Abroad
 

  • First édition of the african arbitration and mediation day - Douala 6 December 2021
     

  • Moderation of the round table on “Evidential Issues in Arbitral Hearing” in 6th SOAS Conférence on Arbitration in Africa: Legal Culture and Arbitration/ADR Practice in Africa CMAG, Douala, Cameroon 10-12 March 2020
     

  • Speach on the enforcement of award in France in "the settlement to investment disputes within the Ohada zone", Douala, 16 and 17 January 2020
     

  • Speech on 'business : succeeding in Africa', seminar organised by African Business Solutions on 27 October 2019 in London
     

  • Speech on 'swiftness in the Ohada arbitration', in 20 years of arbitration in Ohada - Current situation and perspectives  on 17 and 18 October 2019 in Abidjan
     

  • Speech on 'the legal framework of mediation' in the seminar on 'the practice of arbitration and mediation by legal professionals in the light of the new laws adopted in 2017' organized by the Cameroon Bar Association in Douala from 14 to 16 June 2018
     

  • Speech on 'the perception of Alternative Dispute Resolution Methods by foreign lawyers in the Ohada area' in the colloquium organized by the APAA on 'CPA arbitration, CRCICA arbitration, Ohada arbitration and mediation ' on 23 and 24 May 2018 in Yaoundé
     

  • Speech on 'the arbitrator's fees: CMAP practice' in the conference organized by the Tunis Chamber of Arbitration on 'Institutional arbitration: European, African and Mena visions' on 27 and 28 April 2018 in Tunis

 

PUBLICATIONS
 

  • Comments on the principle of Competence-competence under the decision of CCJA n°064/2020 of 27 February 2020, the Essential on African business law, n°7, July 2020, Lextenso
     

  • The Uniform Act relating to mediation of 23 November 2017 in the Ohada area, The arbitration books, The Paris Journal of International Arbitration, 2018-2, Lextenso

 

  • Arbitration and African culture in 'Where does arbitration go?  Between crisis and renewal', Istanbul Days, April 8 and 9, 2016, LexisNexis, 2017

 

  • Investment protection in OHADA countries: a replicable model for a lex mediterranea? Towards a Mediterranean lex mediterranea of investments, Besançon days of 12 and 13 March 2015, Bruylant 2016 editions

ACTUS

35 rue du Général Foy 75008 Paris – France

E-mail : ocuperlier@cuperlier.com
Tél :  + 33 (0)9 50 05 12 21

Fax :  +33 (0)1 42.93.09.50

 

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CONTACT

CONTACT

Infomation

Olivier CUPERLIER

35 rue du Général Foy 75008 Paris – France

E-mail : ocuperlier@cuperlier.com
Phone :  + 33 (0)9 50 05 12 21

Fax :  +33 (0)1 42.93.09.50

 

Click here to find us

You can contact us via the form below:

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