Alternative dispute resolution - Litigation - Handling contentious issues with public authorities

Dispute resolution and Litigation

We represent companies and individuals before French courts at both first instance and appellate levels. We have extensive experience in complex disputes involving parties from different jurisdictions.   In cross-border disputes, questions of jurisdiction and applicable law often arise at an early stage. We assist our clients in assessing these issues and determining the most appropriate strategy. Where a dispute governed by French law is brought before a foreign court, we also assist foreign counsel with the preparation of pleadings and legal arguments.   Our experience includes, in particular:

• Inheritance disputes;
• Real estate disputes;
• Debt recovery, including claims for penalties and interest;
• Disputes arising from supply, sale and purchase contracts;
• Claims for compensation for loss and damage;
• Corporate and shareholder disputes;
• Tax disputes;
• Copyright and related rights disputes, as well as intellectual property infringement claims, including trademark infringement.
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  When preparing a summons to appear before a court and during the work on the case until the end of the litigation, our firm:

  • performs a full legal analysis of the situation and assesses the case’s chances of success;
  • takes cognizance of the elements of the case, if the client is defending himself or if the case was initiated at the client’s request prior to our referral;
  • draws up a legal strategy and has it approved by the client;
  • selects the evidence needed to win the case;
  • assists the client in the preparation and selection of evidence;
  • in agreement with the client, provides high-quality translation of written evidence from Russian, Ukrainian or English into French;
  • prepares and submits pleadings to the state court or arbitral tribunal (summonses, submissions or briefs in response, complaints, motions, including those aimed at securing the claim by means of seizure or prohibition of certain acts, declarations, etc.)

 

Alternative dispute resolution

We place particular emphasis on alternative dispute resolution and have extensive experience in negotiating settlements both before and during litigation.   At the client’s request, and in close coordination with the client, we engage with opposing counsel to clarify the parties’ respective positions, assess the strengths and risks of the case and explore the possibility of reaching an amicable settlement.   Where an agreement is reached, we assist our clients with the formalisation of the settlement, its approval by the court where required, and its implementation.   Before commencing proceedings, where appropriate, we assist our clients in identifying assets held by the opposing party in France, including with the assistance of private investigators where necessary. We also assess the prospects of enforcing a foreign judgment in France.  

French Court of Cassation

  Where a case is brought before the French Court of Cassation, we work with an avocat aux Conseils, whose involvement is required at this stage. We prepare the relevant case materials, assist in defining the legal arguments and grounds of appeal, and facilitate coordination between the client and counsel throughout the proceedings.    

Cross-border disputes and enforcement

We assist with the recognition and enforcement in France of foreign judgments, including judgments issued by courts in countries with which France has no applicable treaty or convention on the recognition and enforcement of judgments. Where required, we assist our clients with the proceedings for obtaining exequatur.  

Public authorities

We also represent our clients before the French tax and customs authorities.