Oct. 6 update 2022
The Paris chambers of international commerce (tribunal de commerce and cour d'appel) settle international disputes; documents and evidence may be produced in English, but the decision is in both French and English.
- dual jurisdiction ;
- almost free of charge ;
- judges and jurisdiction not chosen by the parties ;
- duration similar to that of classic arbitration;
- cooperation between magistrates and lawyers; cross-examination;
- public proceedings and decisions, but possible confidentiality of deliberations in the chamber of the commercial court, and possible confidentiality under "business secrecy" legislation;
- note: advantage of classic arbitration over commercial courts: arbitral awards may be better enforced in the United States than decisions of European state courts (exequatur);
(Can we have a dispute in France? : https://roquefeuil.avocat.fr/litige-fournisseur-internet/ )
(For IT contracts with French interests, see also : https://roquefeuil.avocat.fr/avocat-droit-informatique-paris-contrats/)
International arbitration: advantages and disadvantages
International arbitration is often presented as a fairer, more expeditious and more confidential means of settling disputes, with the parties being free to choose the place of jurisdiction and the applicable law (a national law may, however, contain rules designating a foreign law).
But arbitration introduces serious uncertainties into the applicable procedural rules, with hidden costs, and an arbitration clause should provide for rules on summary proceedings, exequatur, appeals, the choice of arbitrators, the cost of arbitration, and the conditions under which state courts will assume responsibility in certain cases.
Indeed, arbitration is governed not only by the arbitration rules of the chosen forum, but also by the national procedural rules in which the said forum is located.
Introducing the International Chambers of Commerce :
Case law :
Attributive clause :
" Any dispute which may arise between the parties concerning the validity, interpretation, performance or, more generally, the present contract shall be subject, in the first instance, to the jurisdiction of the International Commercial Chamber of the Paris Commercial Court, and, on appeal, to the jurisdiction of the International Commercial Chamber of the Paris Court of Appeal."
For injunctions and summary proceedings, see also : https://roquefeuil.avocat.fr/la-nouvelle-procedure-dinjonction-de-payer-lavis-de-lavocat-en-droit-informatique/
For a complete update on applicable French law (May 2022) :
See also :