6 Oct 2022 update
The International Commercial Chambers in Paris (Commercial Court and Court of Appeal) settle international disputes; the production of documents and evidence may be in English, the decision is in French and English.
– double degree of jurisdiction;
– almost free of charge;
– judges and jurisdiction not chosen by the parties;
- duration similar to that of conventional arbitration;
– collaboration between magistrates/lawyers; cross-examination;
– public procedure and decisions but possible confidentiality of the deliberations in the chamber of councils of the commercial court, and possible confidentiality with the “business secret” legislation;
- note: advantage of classical arbitration over commercial courts: arbitral awards may be better enforced in the US than decisions of European state courts (exequatur);
(Can we have a dispute in France?: https://roquefeuil.avocat.fr/litige-fournisseur-internet/ )
(For your IT contracts with French interests, read 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 method of dispute resolution, with the parties having a choice of jurisdiction and applicable law (although a national law may contain rules designating a foreign law).
But arbitration introduces serious hazards into the applicable procedural rules, with hidden costs, and an arbitration clause should provide for rules on summary proceedings, exequatur, appeal, choice of arbitrators, cost of arbitration, and the conditions of assumption of responsibility by the state courts in certain cases.
Indeed, arbitration is not only governed by the arbitration rules of the chosen forum, but also by the national procedural rules where the forum is located.
Presentation of the International Chambers of Commerce :
“The parties agree to submit to the jurisdiction of the International Chamber of the Paris Commercial Court in first instance and the International Chamber of the Paris Court of Appeal on appeal. The parties irrevocably agree to protocols governing how cases will be considered and adjudicated before these chambers. »
For injunctions and interim measures read also: https://roquefeuil.avocat.fr/la-nouvelle-procedure-dinjonction-de-payer-lavis-de-lavocat-en-droit-informatique/
For a complete update of the applicable French law (May 2022):