Blog

Deception and detection: the use of technology in assessing witness credibility

26 March 2021

Tribunals, like courts, have long grappled with differentiating truthful from untruthful witnesses. A number of cases before the Court of Arbitration for Sport have considered whether polygraph evidence is admissible as a means of verifying witness testimony, though tribunals have not reached any consensus. Now, authorities in several countries are […]

ISRAELI TAX AUTHORITY LAUNCHES TAX OFFENSIVE IN SWITZERLAND AND TARGETS ABOUT 280 ISRAELI CITIZENS AND OFFSHORE COMPANIES

15 March 2021

The Swiss Federal Tax Authority (FTA) has received requests for mutual administrative assistance from the Israel Tax Authority (ITA) regarding approximately 120 Israeli citizens and 150 related offshore companies. The request is based on the Double Tax Treaty between Switzerland and Israel that entered into force in 2003. The list […]

IMPACT OF BREXIT ON ASSET RECOVERY IN SWITZERLAND

11 March 2021

In a judgment of 24 February 2021, a Swiss court dealt for the first time with the impact of Brexit on asset recovery in Switzerland. The Swiss court dismissed an application for the declaration of enforceability of an English judgment of September 2020 and the granting of a corresponding attachment order. Departing […]

Die Selbstanzeige des Unternehmens infolge einer (belastenden) internen Untersuchung

22 February 2021

Simone Nadelhofer und Adam El-Hakim untersuchen in ihrem Beitrag im Jusletter vom 22. Februar 2021 die Chancen und Risiken einer Selbstanzeige des Unternehmens infolge einer (belastenden) internen Untersuchung. Insbesondere zeigen sie auf, anhand welcher Kriterien sich die Unternehmensleitung beim Entscheid für oder gegen eine Selbstanzeige leiten lassen soll. Der Artikel […]

2021 ICC ARBITRATION RULES – WHAT THE REVISED JOINDER AND CONSOLIDATION RULES MEAN FOR CONSTRUCTION DISPUTES

18 February 2021

What’s new in the 2021 ICC Rules on joinder and consolidation? The most notable changes in the new 2021 ICC Rules of Arbitration, which are applicable to all ICC arbitrations initiated from 1 January 2021, make it easier to join an additional party to a pending arbitration and to consolidate […]

THE US ANTI-MONEY LAUNDERING ACT 2020 AND ITS IMPLICATIONS FOR SWISS BANKS

12 February 2021

OVERVIEW AND KEY TAKE-AWAYS The U.S. Anti-Money Laundering Act 2020 (“AMLA”) expands the ability of U.S. Authorities to request information from Swiss banks that use U.S. correspondent banks. The information may be requested in respect of  any bank account of the foreign bank that is related to a pertinent U.S. […]

Jurisdiction and Enforcement Post Brexit: the English and Swiss Perspectives

26 January 2021

On 31 December 2020 the transition period for the UK’s exit from the EU ended and the EU-UK Trade and Cooperation Agreement was finalised. As the UK has not acceded to the Lugano Convention 2007, from 1 January 2021 questions relating to the jurisdiction of courts and the recognition and […]

CAUSATION, QUANTUM AND “ROLLED-UP CLAIMS” – ENGLISH COMMERCIAL COURT PARTIALLY SETS ASIDE INVESTMENT AWARD AGAINST KAZAKHSTAN

11 December 2020

On 23 November 2020, the English Commercial Court (the “Court”) upheld a challenge brought by the Republic of Kazakhstan (“Kazakhstan”) under section 68(2)(a) of the Arbitration Act 1996 (the “Act”). The Court held that the tribunal had awarded damages to World Wide Minerals Limited (“WWM”) and another (together, the “Defendants”) […]

The Swiss Responsible Business Initiative: what business & human rights obligations for Swiss companies?

29 October 2020

The growing reach and impact of business enterprises have given rise to a debate about the roles and responsibilities of such actors regarding human rights and have led to the placement of business and human rights (“BHR”) on the agenda of many international organisations and countries. At an international level, […]

ENGLISH SUPREME COURT RULES ON THE PROPER LAW OF THE ARBITRATION AGREEMENT

16 October 2020

On 9 October 2020, the English Supreme Court (the “Court”) in Enka Insaat Ve Sanayi AS (“Enka”) v OOO Insurance Company Chubb (“Chubb”)[1] clarified the applicable principles for determining the proper law of an arbitration agreement. The contract in question did not contain a choice of law governing the contract […]

THE VIRTUAL MATRIX: RE-THINKING HEARINGS IN INTERNATIONAL ARBITRATION

31 August 2020

Introduction The received wisdom is that virtual hearings are a subprime alternative to in-person hearings, a secondary option to be used only when classical in-person hearings are not possible or too costly. However, as a result of technological advances, and a change in perceptions based on recent experiences, virtual hearings […]

GOVERNANCE UND KONTROLLE DER CORONA-KREDITE

24 June 2020

Einführung Am 25. März 2020 erliess der Bundesrat die COVID-19-Solidarbürgschaftsverordnung zur Abfederung der wirtschaftlichen Auswirkungen der Bekämpfung der COVID-19-Pandemie. Bis heute (Stand 22. Juni 2020) wurden unter dieser Verordnung ca. 128’500 Kredite im Umfang von ca. CHF 15 Milliarden gewährt. Medienberichterstattung über Missbräuche und eingeleitete Ermittlungen der Strafverfolgungsbehörden In den […]

WHOLESALE ELECTRICITY TRADING CONTRACTS: CALCULATION OF DAMAGES FROM NON-PERFORMANCE – AN INCREASINGLY RELEVANT ISSUE

14 May 2020

Electricity, and the business of its wholesale trading, have particular characteristics which set them apart from the trading of other goods. It is for this reason that electricity trading is specifically excluded from the United Nations Convention on Contracts for the International Sale of Goods (see Article 2(f)). Electricity is […]

CORONA, COMPLIANCE AND CONTROL – HOW TO PREVENT THAT TODAY’S COVID-19 CRISIS CAUSES TOMORROW’S COMPLIANCE CRISIS

11 May 2020

In the pandemic, many undertakings must focus on survival and need to maintain liquidity, which demands ongoing earnings and control of costs. Ongoing earnings are hard to achieve in a global economic downturn. No doubt that the ubiquitous and ever-present legal risks associated with being in the business of doing […]

Impact of Covid-19 on criminal proceedings – Update

29 April 2020

On 21 March 2020, the Swiss Federal Government promulgated the Ordinance on the suspension of time periods in civil and administrative proceedings to provide for the discharge of justice during the current Covid-19 crisis. On 9 April 2020, the Swiss Federal Government announced that the suspension of time periods in […]