A foreign customer stops paying, a supplier delivers non-conforming goods and refuses any discussion, a partner terminates a multi-year contract by a simple email. International commercial litigation always begins with the same questions: which court to seise, under which law, and whether the decision obtained can be enforced where the assets are.
This page describes the firm’s method for this type of dispute, from the first formal notice to enforcement, in France or abroad, including for foreign companies and law firms that need counsel in France.
The risk: winning before a court that can enforce nothing
Jurisdiction is determined by the contract clause, failing that by the Brussels I bis Regulation within the Union or by French rules of private international law. An action brought before a court lacking jurisdiction costs a year and a dismissal. A decision obtained in France against a debtor whose assets are outside the Union must then be recognised in the country of enforcement, which is not guaranteed.
Limitation is calculated under the law of the contract, with periods sometimes far shorter than under French law, one year in carriage matters for instance.
Does your situation carry this risk? A first exchange allows us to measure it and to say how the matter would be organised.
The legal answer: choose the forum and the instrument before acting
The firm first checks where the debtor’s assets are, then chooses the route leading to a decision enforceable there: French court with exequatur abroad, foreign court with a correspondent, arbitration if a clause provides for it, or the European order for payment for an uncontested claim within the Union.
Conservatory measures are taken early: conservatory attachment in France on authorisation of the enforcement judge, the European Account Preservation Order (Regulation (EU) No 655/2014), or equivalent measures abroad. A judgment without an asset to seize is worth nothing.
How the firm works
The firm assesses the case within days on three points: jurisdiction, applicable law and enforceability. It then sends the formal notice in the form required by the contract and, where necessary, obtains conservatory measures before any discussion.
The action on the merits is conducted before the Paris commercial court, including its international chamber, before an arbitral tribunal, or abroad with a correspondent. Enforcement is prepared from the writ onwards.
Typical cases handled
The situations below are illustrative, anonymised scenarios. They show when the firm steps in and what the work consists of.
Unpaid 400,000 euros by a distributor in the Middle East
A French exporter holds unpaid invoices; the contract provides for the French court. The firm obtains a judgment, then organises enforcement in the Emirates with a correspondent, after prior verification of assets.
Agency contract terminated by email
An Italian principal terminates a French commercial agent without notice or indemnity. The firm fixes the applicable law and the competent court, then obtains the termination indemnity.
Non-conforming goods and a silent buyer
A German buyer refuses to pay, invoking defects it never notified within the reasonable period of the Vienna Convention. The firm obtains payment on that ground.
Does your situation carry this risk? A first exchange allows us to measure it and to say how the matter would be organised.
Where the contract contains an arbitration clause, the dispute is handled under our international arbitration practice rather than before the state courts.
Everything on international commercial litigation
Our analyses (5)
- Arbitration institutions: what a one million euro dispute costs, from the ICC to the CAMP
- Yacht co-ownership and fractional use: the agreement that prevents disputes
- Customs assessment: challenging a French notice of recovery
- Governing law and jurisdiction: the clause that decides the case
- Disputes with a yacht broker: commission, mandate and deposit
Frequently Asked Questions
Which court has jurisdiction over an international commercial dispute?
Where the parties chose a court, that choice is given effect, and within the European Union Regulation 1215/2012 makes the clause almost always decisive. Failing a choice, the defendant’s domicile is the general rule, with alternatives at the place of delivery for a sale of goods and at the place of provision for services. Claims in tort may be brought where the damage occurred. Several fora are therefore often open, and choosing between them is tactical: the procedural timetable, the approach to evidence and the location of the defendant’s assets weigh as much as the applicable law.
Can a foreign company be sued in France?
Yes, in a number of situations: where it is domiciled in France, where the contract was to be performed here, where the harmful event occurred here, where it has a branch whose activity is in issue, or where a valid clause designates a French court. French courts also hear claims against several defendants where one of them is domiciled in France and the claims are closely connected. The real question is usually enforcement rather than jurisdiction, so the analysis starts from where the defendant’s assets are and works back to the forum.
How long does commercial litigation take in France?
A first instance commercial case usually runs between twelve and twenty four months, longer where a judicial expert is appointed, and an appeal adds a comparable period. Summary proceedings are far quicker and can produce an interim payment or a protective measure within weeks. French procedure is written, so the timetable is driven by the exchange of submissions fixed by the judge and the hearing itself is short. Settlement is frequent once the expert’s report is filed, which is why the early stages of the case matter more than the final hearing.
How is evidence obtained from a party or a third party?
French procedure has no general discovery. Each party produces the documents it relies on, and the judge may order a party or a third party to produce a specific document identified with sufficient precision, under a financial penalty. Evidence can also be secured before proceedings begin by a measure obtained without the other side being heard, which is valuable where documents or data might disappear. For a party used to common law disclosure, the consequence is that the case is built on documents already held and on targeted applications, so preparation before filing carries far more weight.
Can a claim be secured before judgment?
Yes. A conservatory attachment of bank accounts, receivables or other assets can be authorised where the claim appears well founded in principle and recovery appears to be at risk, and it is obtained without the debtor being heard. For maritime claims, the arrest of a vessel is the most effective version of the same idea. A European Account Preservation Order is available for cross border claims within the Union. The measure must be followed by proceedings on the merits within the prescribed period, and one taken lightly exposes the creditor to damages.
Is a foreign judgment enforceable in France?
Judgments from European Union Member States circulate under Regulation 1215/2012 and are enforced without an intermediate declaration, subject to limited grounds of refusal. Judgments from other States require exequatur, which a French court grants after checking the jurisdiction of the foreign court, conformity with international public policy and the absence of fraud, without reviewing the merits. Bilateral conventions modify the analysis for a number of countries. The time to prepare for enforcement is when the foreign proceedings start, not when the judgment is handed down.