Franco-British commercial disputes: courses of action and remedies

Disclaimer: the following information is provided for general purposes only; it does not replace personalized legal advice.

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Doing business across the English Channel inevitably exposes you to Franco-British commercial disputes. Between differences in legal systems and the impact of Brexit, knowing how to anticipate conflict and secure the enforcement of a decision has become a strategic priority. This guide presents solutions for international mediation and arbitration, the rules forpost-Brexit enforcement of court judgments , and the procedural points you need to know to protect your interests in the long term.

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Alternative dispute resolution: flexibility and confidentiality

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Mediation

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  • Involvement of a neutral, accredited mediator.
  • Seeking an amicable settlement that preserves the business relationship.
  • A procedure encouraged by French and English courts; it may be mandated by a contractual clause.

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International arbitration

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  • A private, enforceable award that is widely recognized under the 1958 New York Convention.
  • Freedom to choose arbitrators, the seat of arbitration, and the rules (ICC, LCIA, etc.).
  • Faster and more confidential than court litigation.

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Enforcement of court judgments after Brexit

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Pre-Brexit regime

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The Brussels I bis Regulation ensured the near-automatic circulation of judgments between France and the United Kingdom.

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Post-Brexit regime

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  • End of automatic enforcement; reliance onexequatur proceedings before the High Court or the competent judicial tribunal.
  • The 2005 Hague Convention may apply when the choice-of-court clause is valid.
  • Plan ahead: specify the jurisdiction, governing law, and method of service in your contracts.

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Key procedural differences

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AspectFrance (civil law)England (common law)Trial conductJudge-ledParties in controlEvidenceWritten fileExtensive disclosureCostsModerate, fixedHigh, loser-pays ruleTimelinesLongerOften shorter

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Contractual best practices

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  • Mediation or arbitration clause as a mandatory prerequisite.
  • Choice of forum should be clear; prioritize a state that is a party to the 2005 Hague Convention.
  • Choice of language and governing law should be explicit.
  • Include a process server in the UK to expedite enforcement.
  • Regularly update your terms and conditions post-Brexit.

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Conclusion

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Choosing mediation or international arbitration early on, refining your jurisdiction clauses, and understanding the mechanisms forpost-Brexit enforcement remain the pillars of effective management for Franco-British commercial disputes. A skilled lawyer will turn these precautions into a lasting competitive advantage.

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