Contract documents must be reviewed thoroughly

Before any legal action, all relevant contractual documents must be collected, including framework agreements, application contracts, purchase orders, and any amendments or emails. These documents may contain conflicting clauses, such as jurisdiction or arbitration provisions, which can affect the legal process.

Key questions determine the applicable clause

Three key questions must be answered in sequence: whether the clause designates a judge or an arbitrator, whether it links both the party initiating the claim and the party being sued, and whether it covers the specific claim made. Identifying the applicable law for the contract is also essential for the substantive defense.

Procedural exceptions must be raised promptly

Procedural exceptions, such as lack of jurisdiction, must be raised before any substantive defense or motion to dismiss, or they may be deemed inadmissible. The party challenging the court's jurisdiction must specify the correct court or arbitration tribunal and provide a rationale for the exception.

Jurisdiction clauses may prevail over local laws

If a dispute involves a jurisdiction clause assigning a foreign court, that clause may take precedence over the special jurisdiction of a co-defendant in France. A 2025 court ruling emphasized that a validly stipulated foreign jurisdiction clause can override local rules, even in cases of indivisibility or interdependence of contracts.

Arbitration clauses require specific legal handling

When a dispute governed by an arbitration agreement is brought before a state court, the court must declare itself incompetent unless the arbitration tribunal has not yet been seized or the agreement is manifestly null or inapplicable. The court cannot raise its own incompetence, and the review of the arbitration clause is limited to clear nullity or inapplicability.

Legal procedures change in 2027

The current legal framework for arbitration and jurisdiction will change on 1 January 2027, as outlined in a recent decree. Legal professionals must verify the applicable text before initiating proceedings if the deadline is approaching.

International procedures depend on jurisdiction dates

In international disputes, the court that was first seized has priority under Regulation Brussels I bis. If the same claim is made in another jurisdiction, the second court may delay its ruling until the first court establishes its competence. Outside the EU, the outcome of parallel proceedings depends on the law of the seized court, risking contradictory decisions.

Paris handles international commercial disputes with specific protocols

If the dispute remains in Paris, the international chambers of the tribunal of economic activities and the court of appeal handle the case according to protocols signed in 2018. These protocols allow for documents in English and proceedings in English, provided the parties agree to the terms.

Initial steps in the legal process

The first week of legal proceedings involves gathering all documents, identifying the relevant clause and designated judge or arbitrator, checking if the dispute is already being heard elsewhere, and filing the exception before any substantive arguments. If a foreign judge is involved, the authorized lawyer must be involved from the start of the exception process. Additionally, a company's liability insurance may require a prompt declaration after receiving a summons.