Commercial Litigation, Arbitration and Mediation: Protecting Your Interests

Our extensive litigation capabilities are a major asset for clients facing complex or cross-border disputes. We represent clients before all types of civil and commercial courts in France and Germany.

French Civil and Commercial Courts

In France, our practice covers every level of the judicial system. We appear before Commercial Courts, Judicial Courts, and Courts of Appeal to seek the amendment or reversal of first-instance judgments, and we also assist clients before the French Supreme Court (Cour de cassation). We further protect our clients’ interests in summary proceedings before the President of the Court to obtain interim measures that are essential for safeguarding their rights.

This comprehensive understanding of the French judicial system enables us to adapt our litigation strategy to each level of jurisdiction and maximize your chances of success.

German Courts

Our team includes qualified German Rechtsanwälte (German lawyers) who are authorised to appear before German courts, including the Amtsgerichte (Local Courts), Landgerichte (Regional Courts for significant disputes), Oberlandesgerichte (Higher Regional Courts of Appeal), the Bundesgerichtshof (Federal Court of Justice in Karlsruhe), and specialised chambers such as the Kammern für Handelssachen (Commercial Chambers).

This ability to plead cases before German courts is rare among French law firms and represents a significant advantage for Franco-German groups involved in cross-border disputes.

Independent Administrative Authorities

In addition to traditional courts, we represent clients before a wide range of regulatory and administrative authorities, including the French Competition Authority in matters involving anti-competitive practices, abuse of dominant position, and merger control; the CNIL (French Data Protection Authority) for disputes relating to personal data protection and GDPR compliance; the AMF (French Financial Markets Authority) for financial and securities-related disputes; ARCEP for telecommunications matters; and other sector-specific regulatory bodies depending on your industry.

Proceedings before regulatory authorities involve specific procedural and substantive requirements that we fully master. To learn more about our support in this area, discover our expertise in data protection and GDPR law.

Cross-Border Litigation Strategy

For disputes involving multiple jurisdictions, we develop a comprehensive litigation strategy that includes identifying the most favourable jurisdiction, coordinating proceedings across different countries, managing the recognition and enforcement of judgments, and optimising costs and timelines.

Our dual French German expertise and extensive European network facilitate this strategic cross-border approach.

Commercial and civil litigation encompasses a wide variety of disputes that we handle with recognised expertise. We manage litigation matters from the beginning of a business relationship through to the termination of commercial partnerships. We assist and advise you to ensure the proper performance of your contracts and the effective protection of your rights.

Our expertise covers all litigation issues related to your business activities, including formal notices, liability claims, industrial accidents, and compensation for all types of damages.

Contractual Disputes: Performance and Termination

Disputes relating to the performance or termination of contracts are at the heart of commercial litigation. We handle disputes concerning contractual obligations (non-delivery, non-conformity, delays), payment disputes (debt recovery, invoice challenges, late-payment penalties, set-offs), contract termination and commercial relationship breakdowns (sudden termination of established business relationships, failure to comply with notice requirements, compensation claims), warranty disputes (implementation of statutory or contractual warranties, warranty of assets and liabilities), and post-contractual disputes (non-compete clauses, confidentiality obligations, intellectual property rights).

Combining the expertise of seasoned lawyers with the fresh perspective of younger practitioners, our team possesses the skills and insight required to understand and effectively address the challenges faced by clients across all sectors.

For a preventive approach, discover our expertise in commercial and distribution law.

Contractual and Tort Liability Claims

We initiate and defend liability actions in a wide range of contexts, including industrial liability, contractual liability arising from non-performance or improper performance of a contract, tort liability, product liability, professional liability, and directors’ liability (mismanagement, abuse of powers).

Industrial Accidents and Product Liability

Industrial incidents such as fires, explosions, pollution events, and serious workplace accidents often lead to highly technical disputes. We assist clients in establishing the respective responsibilities of the various parties involved (operators, subcontractors, equipment manufacturers), assessing and quantifying losses (material, operational, and environmental damages), implementing insurance coverage and managing recovery actions, and defending against civil, administrative, or criminal liability claims.

These cases require close coordination with technical experts, engineering consultants, and court-appointed experts, whose work we effectively manage.

Personal Injury and Compensation

We assist insurers and liable parties in defending claims brought by victims of personal injury arising from workplace accidents, traffic accidents, medical malpractice, or dangerous products. Our work includes the medical assessment of damage (functional impairment, pain and suffering, aesthetic damage), the quantification of economic losses (loss of income, medical expenses, care and assistance needs), negotiations and legal proceedings aimed at achieving a final resolution of claims.

We also represent victims seeking full compensation for their losses.

Construction Litigation

The construction sector generates a wide range of specific disputes, including construction defects and deficiencies (implementation of ten-year, two-year, and completion guarantees), project delays and related penalties, disputes between project owners, project managers, and contractors, site accidents and liability issues, and subcontracting disputes.

Our expertise in construction law enables us to effectively handle these highly technical disputes and work efficiently alongside technical experts.

Expert Determinations and Court-Appointed Expert Proceedings: Establishing Evidence

Expert evidence is often a decisive factor in the outcome of technical disputes. We assist our clients in both private expert assessments and court-appointed expert proceedings to establish the technical facts of a case on a solid and reliable basis.

Court-Appointed Expert Proceedings

Court-appointed expert proceedings, ordered by a judge to clarify technical issues, are often a critical stage of litigation. We support you throughout every step of the process, from requesting the appointment of an expert through to the issuance of the final report.

We actively assist during on-site investigations, thoroughly review documentary evidence, and submit detailed observations regarding the expert’s preliminary findings. Where the final report contains shortcomings, inaccuracies, or imbalances, we challenge it firmly and precisely.

Our ongoing support pursues a single objective: ensuring that the expert fully considers all evidence favourable to your position, so that their analysis reflects a complete and fair understanding of your case.

Private Expert Assessments and Counter-Expert Opinions

Whether prior to or alongside legal proceedings, private expert assessments can be a strategic tool for objectively establishing facts and strengthening your position. These measures may include:

• Joint expert assessments conducted by mutual agreement to facilitate an amicable settlement;
• Counter-expert opinions aimed at challenging the conclusions of an initial expert report;
• Preventive expert assessments designed to document a condition or damage before legal proceedings are initiated; and
• Independent valuation of losses and damages by qualified experts.

Our role is to advise you on the most appropriate approach, select and instruct the relevant expert, and oversee the technical and legal aspects of the assignment. The resulting expert findings can then be used to support your claims, whether during negotiations or as part of ongoing or future litigation.

Given the complexity and duration of traditional court proceedings, alternative dispute resolution (ADR) methods offer significant advantages. We assist our clients in arbitration and mediation proceedings, providing solutions that are often faster, more confidential, and more flexible than litigation before the courts.

Commercial Arbitration

Arbitration is a private and consensual method of dispute resolution in which the parties submit their dispute to one or more arbitrators of their choosing.

Our firm acts in all forms of arbitration, including:

• Ad hoc arbitration, organised directly by the parties under agreed procedural rules;
• Institutional arbitration, administered by recognised institutions such as the ICC Paris, CMAP, LCIA, or ICC;
• Domestic and international arbitration proceedings across all sectors of business activity.

The advantages of arbitration include confidentiality (as proceedings and awards are generally not public), the ability to select arbitrators with specific expertise or neutral nationality, relatively swift resolution (typically 6–18 months compared with 3–7 years in court proceedings), and the international enforceability of arbitral awards under the New York Convention.

We provide comprehensive representation throughout arbitration proceedings, including:

Drafting arbitration clauses in commercial contracts; Constituting arbitral tribunals and selecting arbitrators; Preparing statements of claim, defence submissions, and legal briefs; Presenting and challenging evidence and expert reports; Conducting oral hearings and advocacy before arbitral tribunals; and Enforcing or challenging arbitral awards.

Our extensive arbitration experience ensures full compliance with procedural requirements while maximising the effectiveness of your dispute resolution strategy.

Mediation and Conciliation

Mediation is an amicable process in which an independent mediator facilitates negotiations between the parties with a view to reaching a mutually acceptable agreement.

We assist clients in: Voluntary mediations conducted before or during litigation; Court-ordered mediation proceedings; Business-to-business mediation; and Conciliation procedures before chambers of commerce.

The advantages of mediation include preserving commercial relationships through a non-confrontational approach, achieving resolution within a relatively short timeframe, controlling costs through shared mediator fees, and allowing the parties themselves to determine the outcome.

Our role is to prepare the mediation process, support our clients during mediation sessions, and formalise any resulting agreement to ensure its legal enforceability.

Choosing Between Litigation, Arbitration and Mediation

Selecting the most appropriate dispute resolution method depends on several factors, including the nature of the dispute (technical, relational, or financial), the relationship between the parties, the need for urgent interim measures, confidentiality considerations, and acceptable costs and timelines.

We advise you on the most suitable approach for your circumstances and ensure that this choice is properly reflected in your contractual arrangements through mediation clauses, arbitration agreements, and other dispute resolution provisions.

Business criminal law concerns offences committed during economic and professional activities. We defend companies and their executives in these particularly sensitive matters.

Economic and Financial Offences

We represent clients facing investigations and prosecutions for economic offences, including:

Misuse of corporate assets; Abuse of corporate powers or voting rights; Distribution of fictitious dividends; Fraudulent bankruptcy (asset diversion and irregular accounting during insolvency proceedings); Fraud and breach of trust; and Corruption and influence peddling.

These offences may expose company directors and executives to severe criminal penalties, including imprisonment, substantial fines, and disqualification from managing or holding certain positions.

Our defence strategy combines strong criminal law expertise with a deep understanding of commercial and financial realities. For a broader overview of risks related to corporate management, we invite you to explore our restructuring and business recovery practice.

Tax and Employment-Related Criminal Offences

We represent companies and executives in tax and employment-related criminal matters, including tax fraud (concealment of income and false invoicing), illegal employment practices, unlawful labour supply arrangements, and breaches of regulations governing the posting of workers.

Such proceedings expose both individuals and legal entities to criminal sanctions, administrative penalties, tax reassessments, surcharges, and significant reputational risks that may affect the long-term sustainability of the business.

Our approach is to build a rigorous and strategic defence, combining strong legal arguments with a detailed analysis of the accounting, tax, and employment aspects of each case. Our objective is to protect our clients against the most serious risks while defending their interests at every stage of the proceedings.

Competition Law Offences

Anti-competitive practices may also carry criminal consequences, including unlawful agreements between competitors (cartels), abuse of a dominant position, and obstruction offences during investigations conducted by competition authorities.

We act in both public enforcement matters, negotiating leniency programmes and settlements with regulatory authorities, and private enforcement actions, defending clients against damages claims or pursuing compensation on behalf of businesses that have suffered losses because of anti-competitive conduct.

Corporate Criminal Liability

Since 2004, companies may be held criminally liable for offences committed on their behalf by their representatives.

We advise clients on implementing compliance programmes designed to prevent such risks, defend companies facing criminal prosecution, and negotiate Public Interest Judicial Agreements (CJIPs) as an alternative to criminal proceedings.

This preventive and defensive expertise helps protect both the company and its reputation.

Defence of Executives

We provide tailored defence services for executives under investigation or prosecution, including assistance during police custody and interviews, preparation of defence strategies and case files, representation before criminal courts, courts of appeal and the French Supreme Court, and negotiation of settlements or alternative sanctions.

Our objective is to protect the personal freedom and professional future of company executives by demonstrating the absence of fraudulent intent or the existence of mitigating circumstances. To strengthen corporate governance proactively, discover our expertise in corporate law.

Disputes involving tax and social security authorities require highly specialised expertise, which we possess through extensive experience in these areas.

Tax Litigation

We represent companies in disputes with the tax authorities, including challenges to tax reassessments following audits (corporate income tax, VAT and other taxes), administrative appeals, proceedings before administrative courts and appellate administrative courts, urgent tax investigations, opposition to tax audits, and disputes relating to tax penalties and surcharges.

Our dual expertise in tax advisory and tax litigation enables us to identify the strongest legal arguments and optimise defence strategies.

Employment Litigation

Employment litigation encompasses disputes involving employees and employee representatives, including unfair dismissal claims, harassment and discrimination cases, employment status reclassification disputes, disputes involving employee representatives, trade union actions, and litigation arising from redundancy plans and restructuring projects.

We represent employers before Employment Tribunals, Judicial Courts on appeal, and the French Supreme Court, while also assisting employees involved in disputes with their employers. Our approach seeks to strike the right balance between robust legal defence and the preservation of workplace relations.

For a preventive approach, explore our expertise in HR administration and employment law.

URSSAF and Social Security Litigation

URSSAF reassessments can involve substantial financial exposure. We challenge reassessments relating to social security contributions, reclassification of contractual arrangements, withdrawal of exemptions, benefits in kind, late-payment penalties, joint liability issues within corporate groups, and allegations of undeclared work.

We have extensive experience with the specific procedural framework governing URSSAF disputes and use this expertise to defend our clients effectively.

Pension and Employee Benefits Litigation

We also handle disputes involving pension funds and employee benefits providers, including challenges to pension entitlement calculations, supplementary pension schemes, disability and daily allowance claims, and disputes involving mutual insurance providers and group insurance policies.

Our approach to litigation combines technical excellence, pragmatic strategy, and a strong international dimension.

Franco-German Bilingual Legal Team

Our team brings together French lawyers (admitted to the Paris and Strasbourg Bars) and German Rechtsanwälte, providing full litigation and advocacy capabilities in both countries. This dual expertise is particularly valuable for:

Cross-border disputes involving France and Germany; The representation of French subsidiaries of German groups, and vice versa; and the coordination of multi-jurisdictional litigation.

Thanks to our trilingual expertise in French, German, and English, we communicate effectively with all stakeholders involved in your matter. This enables us to understand every aspect of your dispute in detail and to represent your interests with precision and sensitivity, always in your preferred language.

Multidisciplinary Expertise

Beyond litigation, our teams combine legal, tax, accounting, and employment law expertise. This multidisciplinary approach strengthens our litigation practice by providing: A thorough understanding of the economic and financial issues at stake; The ability to substantiate and defend your position through robust technical analysis; Seamless coordination with the accounting and tax aspects of a dispute; and A comprehensive perspective that allows us to anticipate related risks and consequences.

By integrating these complementary areas of expertise, we can develop effective, business-oriented litigation strategies tailored to the specific challenges faced by our clients.

This integrated approach maximises your chances of success and strengthens the protection of your interests.

Pragmatic Litigation Strategy

We do not engage in litigation blindly. Our strategic approach involves carefully assessing: The actual prospects of success; The cost-benefit ratio (litigation costs versus the expected recovery); Anticipated timelines and their impact on your business operations; Potential reputational risks; and Opportunities for an amicable settlement at every stage of the dispute.

This strategic clarity enables you to make informed decisions regarding the initiation, continuation, or resolution of legal proceedings.

Commitment and Determination

When litigation becomes necessary, we defend your interests with determination and tenacity. Our approach combines: Thorough case preparation and anticipation of opposing arguments; High-quality drafting of pleadings and written submissions; Persuasive advocacy before courts and tribunals; and Responsiveness in urgent proceedings and interim relief applications.

This commitment, combined with our technical expertise, helps maximise the outcome of your disputes.

B Corp Certification and Ethical Standards

Our B Corp certification reflects our commitment to an ethical approach to dispute resolution. Whenever possible, we favour balanced and sustainable solutions, adhere strictly to professional and ethical standards, and incorporate social impact considerations into our litigation strategies.