In: Kluwer Arbitration Blog, 3 October 2022
TMT stakeholders operate in a constantly changing environment of innovation, new technologies, and regulatory frameworks. LALIVE has an extensive dispute resolution expertise in this dynamic sector in relation to specific laws and regulations, and transactions. Our lawyers also have experience advising TMT clients, including local and international media companies and telecom operators, carriers, resellers and equipment and services suppliers, international financial institutions, governments, regulatory authorities and consulting firms. Our focus areas in this sector are:
- TMT disputes: We advise infrastructure owners, investors, operators, and manufacturers on resolving their TMT disputes through negotiation, litigation and arbitration. Our team has extensive specialised experience in this field having acted on a wide range of disputes, including disputes concerning design and construction, intellectual property rights, joint venture, licensing, information technology implementation, outsourcing, data-related issues, merger and acquisition agreements, competition and reputational issues.
- Regulatory and Compliance: With new trends accelerating in the TMT sector, the regulatory framework is changing, and TMT companies face more challenges and risks, including data protection, cybersecurity and privacy legislation. We can assist you in ensuring compliance with regulatory requirements and managing risk exposure.
- Commercial Agreements: We advise on all commercial agreements related to TMT, including software development, distribution, licenses and maintenance, access, hosting, joint venture contracts, technology service agreements, online privacy and terms and conditions.
- Intellectual Property: We advise on the creation, allocation and exploitation of property rights for all companies operating in the TMT sector. Please see further information on our IP practice.
- Acting as counsel to an international corporation in a EUR 3 billion shareholder dispute before an ICC tribunal against another major corporation operating in the telecommunications industry.
- Acting as counsel to a European telecommunications company in a multiparty USD 1 billion dispute before an ICC tribunal (the largest ICC case at the time) relating to the breach of a non-competition clause in a joint venture agreement for the creation of a mobile telecommunication company in Europe.
- Acting as counsel to French telecommunications company in a USD 1.5 billion dispute before an ICC tribunal arising out of an international construction and operation contract in the telecommunications industry (privatisation) with a Middle-Eastern State.
- Acting as counsel to one of the largest electronics multinationals worldwide in a USD 115 million IP dispute arising under a cross-licensing agreement with one of the world’s leading mobile telephone manufacturers (arbitration under the ICC Rules of Arbitration and parallel state court litigation in several jurisdictions).
- Advising Swiss investors in an investment dispute with a South American State in the media (TV and radio) sector arising under a bilateral investment treaty.
- Advising an Eastern European inter-carrier SMS/MMS services provider in connection with various Swiss telecom regulatory matters relating to its entry into the Swiss market, including E.164 number blocks, international signalling point codes (ISPCs), and interconnection and infrastructure sharing issues.
- Advising an IT support and development start-up company in relation to the drafting and negotiation of several IT services and software development agreements.
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Acclaimed group of international arbitration experts headquartered in Geneva. Operates a well-regarded investor-state and commercial arbitration practice, with particular expertise in the energy, construction, telecoms and mining sectors. Highly rated for its handling of significant disputes in the Middle East, Europe, Asia and South America. One interviewee was particularly impressed by "the phenomenal amount of work they do" and reported: "They leave no stone unturned and miss nothing, it is quite phenomenal. They're also extremely conscientious about keeping you in the loop. They forge a personal connection with you, which is very reassuring." Sources appreciate the team's efficiency, noting: "Their performance has been extraordinary. They were able to analyse a complex case within a short timeframe, and they had the skills to communicate in the different languages required for our case."
Chambers Global, Global-wide, Arbitration, 2018
Outstanding Swiss firm operating out of Geneva and Zürich with the experience and diversity to compete on a pan-European level, acting on disputes throughout the continent. Noted for its prowess in large-scale BIT, investor-state and commercial arbitrations on behalf of sovereign entities, governments and state-owned companies, as well as multinational clients. Particularly active in the energy, construction and telecoms sectors, with an increasing presence in finance and post-M&A disputes. Widely recognised and praised for the numerous prominent arbitrators within its ranks. Commentators describe Lalive as "a high-quality firm in European international arbitration," "a class outfit with a reach that goes beyond Switzerland." One client states: "I was blown away," adding: "It seemed like an exceptional level of commitment." The client goes on to say of the lawyers: "They are creative, smart and everybody makes a contribution."
Chambers Global, Arbitration (International) Europe-wide (Band 2), 2017
Lalive is especially strong in the telecoms sector. It recently advised an international telecom network operator on Swiss regulatory requirements following its acquisition of a music streaming service provider.
Legal 500, Switzerland, TMT (Tier 3), 2016
Lalive is especially strong in the telecoms sector.
Legal 500, Switzerland, TMT, 2015 and 2016
Lalive acts for local and international telecoms companies, financial institutions and consulting firms, alongside governments and regulatory authorities.
Legal 500, Switzerland, TMT 2014
Within TMT, Lalive is a second-tier firm, Lalive's lawyers show 'excellent responsiveness and attention to detail' as well as 'problem solving attitudes'. Technology, media publishing and telecoms are all strong areas for the team.
Legal 500, Switzerland, TMT 2013, Tier 2
Lalive's 'innovative and able' TMT practice has experience advising clients on structuring and financing large telecoms deals. TMT dispute resolution is another area of great strength.
Legal 500, Switzerland, TMT 2012, Tier 2