New jurisdiction clause in your international contracts: how to improve the quality and reduce the costs of your procedures? (Fr)

Last wheel of
coach in negotiations, the clause conferring jurisdiction in
Future litigation is often negotiated at the last minute. Through
compromised or by default, then a clause is frequently inserted
Arbitration.

However, arbitration procedures are not always the most adequate, nor the easiest to implement. The time spent agreeing on available arbitrators is significant and the costs incurred in submitting to arbitration proceedings can be considerable and disproportionate to the issues at stake, thereby limiting access to justice. In addition, the rules of international arbitration allow only in a few limited situations to make an action for annulment, thus leaving the litigant powerless in the event of an arbitral decision erroneous in law.

A new alternative is however open to the contract negotiator
international since 2018: insert an attribution clause of
jurisdiction for the benefit of the international chambers of the Tribunal
Commerce of Paris and the Paris Court of Appeal.

The judges of these courts are not only bilingual
but also endowed with a double legal culture: they most often
studied in France, the United States, or England and have often lived
and worked abroad. Regarding the International Chamber
of the Court of Appeal, even lawyers and clerks have a double
French and Anglo-Saxon legal culture. 

The procedure gives an important place to the use of English:
parts in English do not have to be translated, parts,
experts, witnesses and even in some cases lawyers can
speak in English, without translation.

Above all, regardless of the language, the procedure used allows
give a fair share to the study of the facts as in a procedure
and much more than in a traditional French procedure
since several days may be allocated to hear each of the
parties, but also their witnesses or experts, which will allow the
magistrate to question them, test their credibility and ask questions
questions during oral hearings.

The procedural schedule is
set upstream and ensures predictability of the course of the
procedure: four physical procedural hearings are scheduled to
oversee the procedure and schedule the dates for the parties' hearings and
witnesses, oral arguments and the date of the judgment.

Decisions are rendered in French with an English translation
prepared by the Registry. These decisions, in bilingual version, may
be easily executed anywhere in Europe without resorting to
additional exequatur procedure.

Another asset, the debates, can - if both parties wish -
take place behind closed doors like what happens in matters
Arbitration. The only difference being the advertising in fine of the
decision.

The double level of jurisdiction also makes it possible to induce the first judge
strictly speaking in its legal reasoning to avoid lending the
flank to a remedy. 

Finally, while in France, it is traditionally granted very
low compensation for legal costs and lawyers, the
new international chambers of the Court of Appeal display the
will to allocate articles 700 of the code of civil procedure
respectful of the costs and fees actually incurred by the parties.

To date, the first decisions rendered by the Chamber
of the Paris Court of Appeal concern in particular the
companies Thales, Fedex, Unilever, Eloi, Consar. 

In spring 2020, the
publication of a practical guide published by a joint effort of the bar
of Paris and the Commercial Court and the appellate court of
Paris, which with the experience of two years of practice, will give more
details on the operation of said chambers.

By Maître Audrey Weissberg, Lawyer at the Paris and Quebec Bars