A commercial dispute is rarely won at the hearing alone: it is prepared well beforehand, in the choice of the right basis, the methodical building of evidence and control of the procedural timetable. A poorly launched action can fail on a procedural point, whereas a rigorous strategy turns a difficult case into a win.
A commercial litigation lawyer in Paris, Maître Léa Scemama represents businesses before the Commercial Court and civil courts, as claimant or defendant, with a constant focus on effectiveness and cost control.
See all our commercial law services on our commercial law page.
How we work
| When we act | What we do | What you receive |
|---|---|---|
| Before taking action | Choice of the legal basis, check on limitation, assessment of the prospects | A strategy note with the likely cost and the likely outcome |
| Urgency | Interim payment, cessation of a manifestly unlawful disturbance, protective measures | A fast and enforceable decision |
| Evidence | Building the file, investigative measures before any trial, court expert assessment | An evidential file that holds up at the hearing |
| Substantive proceedings | Claim, submissions, advocacy, whether as claimant or defendant | Representation before the competent court |
| After judgment | Advice on appeal, enforcement of the decision obtained | A decision enforced, not merely framed |
Our billing arrangements are set out on our fees page.
The Commercial Court and its procedure
A court made up of elected judges drawn from business, the Commercial Court settles disputes between traders and commercial companies. Its procedure has its own conventions: oral argument, the weight given to exhibits, the importance of case management. The firm knows how it works and adapts its strategy accordingly. In Paris, however, the competent court has changed for part of the caseload.
The Economic Activities Court. Since 1 January 2025, and for four years, twelve courts are running an expanded jurisdiction known as the Economic Activities Court. Paris, Nanterre and Versailles are among them, alongside Marseille, Lyon, Auxerre, Limoges, Avignon, Le Mans, Saint-Brieuc, Le Havre and Nancy.
| What changes | Scope |
|---|---|
| Who is concerned | The Economic Activities Court hears the amicable and insolvency proceedings of all economic actors, including farmers, associations, civil-law companies and most regulated professions, which until now came before the Civil Court |
| What is transferred | All amicable and insolvency proceedings, brought together before a single court |
| Duration of the experiment | Four years, until 1 January 2029 |
| Economic justice contribution | Payable by legal entities above a certain size, for claims above a threshold, and refunded where the case settles or is withdrawn |
Ordinary contractual disputes between traders continue to be heard by the Commercial Court under the usual rules. If your company is based in Paris and your case is an amicable or insolvency proceeding, it will instead be brought before the Economic Activities Court. And if you are an association, a civil-law company or a member of a regulated profession, a court that was previously closed to you is now open.
Contractual disputes
Non-performance or defective performance of a contract, lack of conformity, delay, wrongful termination, invoicing disputes: contractual disputes form the heart of commercial litigation. The firm acts to obtain specific performance, termination of the contract, payment of damages or, in defence, to defeat unfounded claims.
Disputes arising from a distribution network also fall under specially designated courts: see our distribution and franchise page.
Interim relief and urgent measures
When urgency demands, interim proceedings obtain a swift measure: a provision on a debt not seriously disputable, cessation of a manifestly unlawful disturbance, appointment of an expert, protective measures. The firm uses these fast procedures to preserve your rights without waiting for the outcome of substantive proceedings.
| Procedure | Access condition | What it produces | Typical timescale |
|---|---|---|---|
| Interim payment proceedings | A debt that cannot seriously be disputed | An enforceable provisional order to pay | A few weeks |
| Protective or cease-and-desist interim relief | Urgency, imminent harm or a manifestly unlawful disturbance | An immediate measure | A few weeks |
| Pre-action measure of inquiry | A legitimate reason to establish evidence of facts | The appointment of an expert or of an officer to record the facts | A few weeks, then the length of the expert assessment |
Evidence and judicial expertise
In commercial matters, evidence is in principle free, but it must still be built and presented methodically. Where the dispute is technical (IT, accounting, industrial), a judicial expert appraisal can be decisive. The firm organises the evidence, seeks where relevant an investigative measure before any trial and assists you throughout the expert operations.
Appeals and enforcement of judgment
An unfavourable judgment is not always the last word: appeal, opposition or cassation can reverse a decision. Conversely, a favourable judgment is only worth its enforcement. The firm advises you on the appropriateness of appeals and implements the enforcement of the judgment obtained.
When the debtor ordered to pay is itself in difficulty, enforcement gives way to insolvency proceedings: see our business insolvency page.
Why a lawyer for your commercial litigation?
Beyond technique, the lawyer brings strategic perspective: assessing the chances, choosing between amicable and judicial routes, controlling cost and timing. Many disputes stem from an imprecise contract; others concern unfair competition or unpaid invoices relating to debt recovery.
Frequently asked questions
Which cases fall under the Commercial Court?
The Commercial Court hears disputes between traders, between commercial companies, and disputes arising out of commercial acts. Insolvency is now separate: in Paris, Nanterre, Versailles and nine other jurisdictions, amicable and insolvency proceedings have been heard since 1 January 2025 by the Economic Activities Court. Disputes involving a private individual who is not a trader fall in principle to the Civil Court.
Is a lawyer mandatory before the Commercial Court?
Since the civil procedure reform, representation by a lawyer is in principle mandatory before the Commercial Court, save exceptions (notably certain payment-order procedures and low-value disputes). In practice, the assistance of a lawyer is strongly advised.
How long does commercial proceedings take?
An interim procedure can conclude within weeks; substantive proceedings generally last from several months to over a year depending on complexity, any expert appraisal and court congestion. A well-managed procedural strategy often speeds up resolution.
Can a trial be avoided?
Often, yes. Mediation, conciliation or a negotiated settlement can resolve a dispute faster, at lower cost and confidentially. The firm favours the amicable outcome whenever it serves your interests, without ever giving up the judicial route when necessary.
Related topics
- Online reputation: disparagement, handled urgently before the interim relief judge.
- Influencer marketing: campaign and influencer contract disputes.
- Shareholder disputes: where the dispute is between shareholders rather than third parties.
- Abrupt termination of a commercial relationship: the specialised courts and the Paris Court of Appeal, through the freelance example.
Written by Maître Léa Scemama, admitted to the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.