Ethics notice: The information below is provided for general guidance only; it does not replace personalised legal advice.
Introduction
Doing business on both sides of the Channel inevitably exposes companies to Franco-British commercial disputes. With divergent legal systems and the repercussions of Brexit, knowing how to anticipate conflict and secure judgment enforcement has become a strategic necessity. This guide sets out the options of international mediation and arbitration, the rules governing post-Brexit enforcement of court decisions, and the key procedural points you need to protect your interests over the long term.
Alternative methods: flexibility and confidentiality
Mediation
- Involvement of an accredited, neutral mediator.
- Seeks an amicable settlement that preserves the business relationship.
- Encouraged by French and English courts alike and may be required by contract.
International arbitration
- Private, enforceable award widely recognised under the 1958 New York Convention.
- Free choice of arbitrators, seat and rules (ICC, LCIA, etc.).
- Faster and more confidential than state-court litigation.
Enforcing court decisions after Brexit
Pre-Brexit regime
The Brussels I bis Regulation ensured the near-automatic circulation of judgments between France and the UK.
Post-Brexit regime
- Automatic enforcement has ended; an exequatur application is now needed before the High Court or the competent French court.
- The 2005 Hague Convention can apply where a valid choice-of-court clause exists.
- Anticipate issues: specify jurisdiction, governing law and service method in your contracts.
Key procedural differences
| Aspect | France (civil law) | England (common law) |
|---|---|---|
| Case management | Judge-led | Party-driven |
| Evidence | Written dossier | Broad disclosure |
| Costs | Moderate, regulated | High, “loser pays” |
| Timeframes | Longer | Often shorter |
Contractual best practices
- Insert a mandatory mediation or arbitration clause upstream.
- Draft a clear choice-of-court clause; favour a Hague 2005 contracting state.
- State the language and applicable law explicitly.
- Appoint a service agent in the UK to speed up exequatur.
- Update your general terms regularly in the post-Brexit context.
Conclusion
Opting for mediation or international arbitration early, drafting robust jurisdiction clauses and understanding post-Brexit enforcement mechanisms remain the cornerstones of effectively managing Franco-British commercial disputes. With skilled legal counsel, these precautions become a lasting competitive advantage.
