By Yasmine EDDAM
4 May 2025
For a long time, proceedings before the Commercial Court were essentially oral. This characteristic, which was intended to guarantee simplicity and speed, was one of the special features of this court. However, over the years and with successive reforms, the written word has gradually gained ground, to the point of profoundly changing the face of commercial litigation. This development raises essential practical questions for businesses and their advisers: how do oral and written proceedings fit together today? What are the practical consequences for the conduct of commercial litigation? The historical principle of oral proceedings before the Commercial Court Foundations and initial objectives The oral nature of proceedings before the Commercial Court has its roots in the very history of this court. Created in 1563 by the Edict of Charles IX, it was intended to offer traders a simple, quick and inexpensive way of settling disputes. The oral...
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