Paris is aiming to become the Place du Droit (place of law) and the new European capital for litigation following Brexit. In February 2018, the Tribunal de commerce (Commercial Court) and the Court of Appeal adopted an internal protocol which created a specialised Chamber where litigants will be able to plead, file briefs, exchange documents and conduct hearings in English.
This will be also permitted in procedural acts, where the parties are obliged to provide a French version of the documents, such as memorials, notification of the appeal and a list of exhibits. If parties agree to the application of such protocols, they can also ‘adapt’ the proceedings to their needs. For instance, they can request the judge to conduct aspects of the proceedings in English, such as cross examination of witnesses, submit expert evidence and request expert conferencing.
Early indications are that the judges involved appear keen to accept parties’ proposals in adapting the proceedings. This is one of a series of initiatives aimed at establishing Paris as a hub for international litigation and application.
Furthermore, following Brexit, London will lose the benefit of automatic mutual recognition of judgments and decisions across all EU territory, whilst Paris will continue to offer this to its litigants. Consequentially, a judicial decision entered in Paris will be easily recognised and implemented throughout the EU whereas, in London, this process will take longer to recognise and, ultimately, the judicial decision may not be recognized at all.
Article published: 14th June 2018
