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.
Maître Léa Scemama represents businesses before the Commercial Court and civil courts in Paris, as claimant or defendant, with a constant focus on effectiveness and cost control.
The Commercial Court and its procedure
A court made up of elected judges from the business world, the Commercial Court settles disputes between traders and commercial companies. Its procedure has its own codes: oral debate, the role of exhibits, the importance of case management. The firm masters its workings and adapts its strategy to this specific court.
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.
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.
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.
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 has jurisdiction over disputes between traders, between commercial companies, and over those relating to commercial acts. It also hears business insolvency. Disputes involving a non-trader individual fall in principle under 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.