Geneviève Helleringer is a fellow of the Institute of European and Comparative Law (IECL) at the Law Faculty and a fellow of St Catherine’s College. She is an associate law professor at Essec Business School.
Her research focuses on contract, corporate and financial law and alternative dispute resolution, and draws on insights from economics, sociology and psychology. She has written, edited, or contributed to numerous books and articles. She is an executive editor of the Journal of Financial Regulation (Oxford University Press) and editorial board member of the Studies in European Economic Law and Regulation book series (Springer). Geneviève has been a regular visiting fellow at the Max Planck Institute in Hamburg.
Geneviève holds a JD from Columbia University (1999), an MSc in legal sociology from Paris II Panthéon Assas University (2009), as well as an MSc and a doctorate in private law from the Sorbonne University (2010) (receiving three national prizes for her doctoral thesis, including the French Academy Grand Prize). She is admitted to the New York and the Paris Bars. She studied philosophy, mathematics, and literature, as an undergraduate, and economics and social sciences later at Essec Business School and Sciences-Po Paris, as well as experimental psychology at a graduate level at Oxford University. Before completing her doctoral work, she worked for Shiseido in Japan and practised corporate law at Willkie Farr & Gallagher and at Freshfields Bruckhaus Deringer in New York and Paris (2000-2006).
- Since their enactment in 1804 as part of the French civil Code, the provisions relating to contract law had, until recently, remained almost un- touched. That is not to say that the law of contract had not altered, but rather that the text of the Code was no longer an accurate reflection of the actual state of the law as interpreted by the courts. An extensively restructured and modernized version came into force on 1st October 2016. In an attempt to map the new French law of contract, this paper first seeks to evaluate the robustness of the guiding principles set out in the Code. By analysing how these principles are applied to the formation, interpretation and enforcement of contracts, the paper concludes that freedom of contract and good faith emerge strengthened by the reforms, while the binding force of contract has become more qualified. The paper also highlights the existence of less obvious but important trends relating to the parties’ behaviour and to the role of the judge. It demonstrates how unilateralism, anticipation, and equity are implicit core ideas lying behind many of the new rules.In recent years, international business disputes have increasingly been resolved through private arbitration. The popularity of arbitration makes the questions that will strike any non-lawyer who is introduced to this means of solving dispute more salient: Should we trust an arbitrator whom the opponent party has appointed? Will the member of the arbitration panel we nominated ourselves counterbalance any partiality? The paper shows that although codes and disclosures will achieve less than what institutions aspire to deliver, they set the ground for achieving a level of impartiality. Nonetheless the behavioral science tells us that one should also be aware of unintended adverse consequences that may arise as a result of inappropriate presumptions about the effects of regulation on behavior. The case of moral licensing, showing that disclosure can in some cases backfire to the detriment of those it is intended to help, is one sobering example. In the administration of human affairs judgment is ubiquitous. We trust that this review serves to show that there is a need for the regulation of human judgment and that this should pay close attention to the findings of behavioral science research.This book won two prizes: the 2011 Revue des Contrats Prize in 2011, and the 2011 Grand Prize from the French Academy for a book demonstrating academic excellence. The 418 page monograph is based on an intensive study of over 120 standardised clauses. It required five years to complete and is the first monograph in any language to offer a general theory of contract clauses (common rules may be designed for certain groups of clauses). The functional criteria of classification are justified on theoretical, practical, and policy grounds. Each of the three parts addresses one type and could have the basis for a substantial article. Together they form an original effort to harmonise contract law.ISBN: 978-2-275-03845-2ISBN: 0009-3599
Private Law (obligations, commercial contracts, banking law) Corporate and Financial Market Law Comparative Contract Law and European Legal Culture Law and Behavioural studies