ESG litigation in Switzerland – Risks and possible defence strategies
6 March 2023
LALIVE partner Matthias Gstoehl examines the main ESG litigation risks and possible defence strategies for companies and their directors in Switzerland, a topic high on the agenda for many corporates and their boards. Read more here.
SUSTAINABLE FINANCE IN SWITZERLAND – THE GREENWASHING RISK
21 February 2023
On 16 December 2022, the Swiss Federal Council published its position on the prevention of greenwashing in the financial sector, setting up a working group to come up with next-step proposals by the end of September 2023. In this article we consider recent developments in sustainable finance and how they […]
Dispute prevention: opening and operating a Swiss bank account
27 January 2023
Banking documentation is at the heart of litigation between clients and Swiss banks. Clients should be aware of general best practice rules, particularly when opening bank accounts, to avoid unnecessarily waiving certain rights and protections. Read the article here.
WAR CLAUSES IN IIAs – WHAT PROTECTION DO THEY OFFER?
10 November 2022
Russia’s invasion of Ukraine, now entering its ninth month, has once again thrown into sharp relief investor-state disputes arising out of war and armed conflict. Under the terms of most international investment agreements (“IIA”), a State agrees to protect the investments of investors from another State from discrimination, expropriation, and […]
Third-Party Funding: EU Parliament’s Proposals for Regulation and their Implications for Arbitration
28 October 2022
The EU Parliament has proposed far-reaching regulations affecting third-party funding of EU-seated claims. The regulations, if implemented, could make third-party funding in the EU more expensive or even inaccessible in some circumstances, and could go as far as to impact intra-group company loans granted for the purpose of pursuing litigation […]
The new Swiss negotiation approach – implications for Swiss foreign investors
30 September 2022
The newly-concluded bilateral investment treaty (BIT) between Switzerland and Indonesia is based on Switzerland’s new negotiation approach and gives Swiss investors a taste of what protection standards they can expect in the future. Read more here
Russia update: exodus from extractive industries and latest measures against foreign investors
22 September 2022
Foreign investors in Russia may find themselves on the horns of a dilemma. Following the invasion of Ukraine and Russian countersanctions, many investors have found it necessary to wind down their business operations in Russia. Yet recent decrees by the Russian government can block those same investors from selling their […]
New Model BIT for African States Facilitates Counterclaims against Foreign Investors
31 August 2022
In recent years, in certain investment arbitration proceedings, States have brought counterclaims alleging that foreign investors had failed to comply with CSR principles. In all but two cases, these counterclaims have been unsuccessful. Read more here.
WILL FRANCE’S CONDUCT TOWARDS EDF GENERATE A WAVE OF INVESTMENT ARBITRATIONS?
16 August 2022
EDF’S CURRENT WOES IN THE MIDST OF ITS NATIONALISATION Last week, Électricité de France (EDF), the main electricity provider in France and one of the largest electricity companies in the world, sued France, its current majority shareholder, for compensation of EUR 8.34 billion. The company alleges it was forced to sell […]
A SHORT ANALYSIS OF THE PROTECTIONS OFFERED TO TURKISH INVESTMENTS UNDER INTERNATIONAL LAW – PART 2
15 August 2022
The second article of the series on international law protections offered to Turkish investors provides a short analysis of the Turkish BITs with Russia and four of the Turkic states, namely Kazakhstan, Kyrgyzstan, Turkmenistan and Uzbekistan. Future articles of the series will look at other relevant BITs. Read more here […]
A SHORT ANALYSIS OF THE PROTECTIONS OFFERED TO TURKISH INVESTMENTS UNDER INTERNATIONAL LAW
19 July 2022
This series of articles focuses on the countries and regions in which Turkish investors invest in, considering the data released by the Turkish Ministry of Commerce and UNCTAD. They provide a short analysis of the protections offered to Turkish investments under the bilateral investment treaties (BITs) which Turkey has with […]
Land rights in Chile – impact of proposed constitutional changes on foreign investors
15 July 2022
Indigenous peoples in Chile will gain significant new rights and protections over land, resources and territories under the proposed new constitution, raising major implications for existing and future foreign investors in the country. On 4 July 2022, the Chilean Constitutional Convention (Convención Constitucional) finalised the draft of a new constitution […]
INTERNAL INVESTIGATIONS AND CORPORATE GOVERNANCE – BE PREPARED
1 July 2022
ESG matters are core to a company’s reputation and standing, so organisations should ensure that they have effective governance structures in place to respond swiftly and decisively to potential breaches, to halt potential crises in their tracks. Although not a day-to-day topic for a board of directors, internal investigations remain […]
THREE SIMPLE RULES FOR CONDUCTING A CROSS-EXAMINATION
11 May 2022
Seasoned arbitration practitioners are used to seeing various ways to conduct a cross-examination, not all of which are equally effective. It is in the interest of our clients, as well as, indirectly, the arbitration industry, that cross-examinations are conducted as efficiently and effectively as possible. Increased efficiency will result in […]
Newsflash – New Swiss sanctions against Russia and Belarus enter into force
29 April 2022
On 28 April 2022, the latest round of sanctions against Russia and Belarus entered into force in Switzerland (the “Swiss Ordinance”). These sanctions are based on the fifth sanctions package introduced by the European Union (“EU”) on 8 April 2022. This update provides an overview of the most recent Swiss […]
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