Every operator willing to develop its business in France will enter many different agreements with different partners. Each agreement will be subject to different disputes risks that shall be anticipated.
Cross-border disputes create uncertainty for the parties involved even if the applicable rules are well defined. Issues of enforcement of the decision to come, jurisdiction and costs are particularly important. For cross-border litigations between France and the UK, the EU Regulation gives legal certainty but does not set all issues.
To create more certainty, parties to a contract have the right to choose the judicial system that will decide upon their disputes. Judicial systems are different in each country and have benefits and disadvantages. For example, costs for judicial proceedings in France are lower than in England. However, provisional and protective measures can be more effective in England. Therefore, an analysis of the situation should be made before choosing any system. If the parties do not want to go before either judicial system, they can agree to arbitration.
In any event, Brexit will have consequences on cross-border disputes and operators should take it into account when drafting their contracts.
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