Nicolas Rouvinez

Nicolas Rouvinez is a PhD Candidate at the University of Geneva’s Faculty of Law, where he currently works as a research and teaching assistant.

After completing his law studies at the Universities of Geneva, Zurich and Exeter, Nicolas practiced as a trainee, and later as a lawyer in a Geneva law firm specialized in civil commercial litigation. He was admitted to the bar in 2020.

Right of First Refusal and Obligation to Sell: How to reconcile two interrelated contractual clauses?

When shareholders have agreed to a right of first refusal alongside an obligation to sell under certain circumstances, it remains uncertain whether a shareholder who is obliged to sell must formally notify the other shareholders to allow them to exercise their right of first refusal.

Can the Massive Increase of Insurance Premiums for Private Room Supplementary Insurance be a Ground for Contract Invalidation?

A policyholder suffering from leukemia has benefited from supplementary private room insurance for years. During the coverage period, the insurance company has increased the insurance premium by a staggering amount. The policyholder unsuccessfully tried to invalidate the contract to obtain a partial refund of the premiums paid.

Under What Conditions can an Option Right be Enforced in a Shareholders Agreement?

In a shareholders’ agreement, an option right was granted to four brothers to keep a family business within the family. It proved useful when the fourth brother decided to grant a third party an emption right.

Unsuccessful claims of a former distributor: no indemnity for goodwill and no set-off of counterclaims

Valid contractual waiver of set-off and no goodwill indemnity because the distribution contract was not exclusive.

A party acting as a representative once, may not be a representative twice.

In the absence of a validly conferred power of attorney, the principal shall only be bound if the third party can rely on its own legitimate representation of the situation.