The International Chamber of the Commercial Court and the International Chamber of the Paris Court of Appeal

published on 4 May 2021 | reading time approx. 1 minute
 

So far, a large proportion of international trade, banking and financial disputes have been concentrated in London. As a result of Brexit, there are now uncertainties regarding the future situation. With the two international chambers, Paris wishes to offer economic operators an alternative to London in order to obtain judgments that are recognised and enforceable throughout Europe, thus increasing France's attractiveness as a venue for international disputes.¹

• The International Chamber of the Paris Commercial Court »

• The International Chamber of the Paris Court of Appeal (CICAP) »

In the first instance, a chamber for international law had already been established at the Paris Commercial Court in 1995, which was merged in 2015 with the chamber for European Union law created in 1997. In this respect, the procedural rules were modified.

 
In the second instance, a new chamber was established at the Paris Court of Appeal in 2018, which has jurisdiction for international trade disputes.
 

The two Protocols establishing and modifying the new Chamber entered into force on 1 March 2018.³

The International Chamber of the Paris Commercial Court

Jurisdiction

On one hand, the jurisdiction of the International Chamber of the Commercial Court is given for economic and commercial disputes of international scope and as far as European or foreign law is applied.⁴ On the other hand, for commercial disputes between economic operators who have subjected their contracts to French law, are subject to the law of another country or have concluded an agreement on the place of jurisdiction to this effect.⁵

Procedure

The proceedings and the hearing shall be conducted in French, including the written pleadings, but it shall be possible to introduce into the proceedings documents in English without translation. In addition, non-French-speaking witnesses, experts or trial representatives may speak English if they wish. The minutes of the proceedings shall be drawn up in French.⁶

Decision

The final judgment is French given with an English translation.⁷ 

The International Chamber of the Paris Court of Appeal (CICAP)

Jurisdiction

The International Chamber of the Paris Court of Appeal has jurisdiction to hear commercial disputes between economic operators who have made their contracts subject to French law, to the law of another State or to an agreement conferring jurisdiction to that effect.⁸ In particular, they are competent in commercial contracts,  termination of commercial relations disputes and unfair competition disputes.⁹

Procedure

The proceedings shall be conducted in French, including the pleadings, but it shall be possible to introduce into the proceedings documents in English without translation. In addition, non-French-speaking witnesses, experts or trial representatives may speak English if they wish.¹⁰

Decision

The final judgment is French given with an English translation.¹¹

1 Cahiers de droit de l'entreprise n° 1, Janvier 2019, entretien 1, « Quels défis pour les chambres commerciales internationales de Paris ? ».

2 Préambule Protocole T. com. Paris, 7 févr. 2018.

3 Art . 8 Protocole CA Paris, 7 févr. 2018.

4 Préambule Protocole T. com. Paris, 7 févr. 2018.

5 Art. 1 Protocole T. com. Paris, 7 févr. 2018.

6 Art. 2 Protocole T. com. Paris, 7 févr. 2018.

7 Art. 7 Protocole T. com. Paris, 7 févr. 2018.

8 Préambule Protocole CA Paris, 7 févr. 2018; Art. 1.2 Protocole CA Paris, 7 févr. 2018.

9 Art . 1.1 Protocole CA Paris, 7 févr. 2018.

10 Art . 2 Protocole CA Paris, 7 févr. 2018.

11 Art . 7 Protocole CA Paris, 7 févr. 2018.