Blog

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 […]

Newsflash – Switzerland announces further sanctions to be adopted against Russia and Belarus

14 April 2022

On 13 April 2022, the Swiss Federal Council adopted the fifth sanctions package against Russia and Belarus introduced by the European Union on 8 April 2022 in response to the war in Ukraine (see Swiss press release here and EU press release here). Read more here.

THE EMERGENCE OF CSR PRINCIPLES IN INTERNATIONAL INVESTMENT ARBITRATION AWARDS

7 April 2022

As corporate social responsibility (“CSR”) principles gain in popularity, investors should be aware that failure to abide by these principles might affect their chances of success in international investment disputes. Though some 65 international investment agreements refer to the UN SDGs and/or CSR principles, these provisions remain largely untested and […]

Belt and Road Initiative – Recent developments

1 April 2022

Introduction: In 2013, President Xi Jinping first introduced China’s Belt and Road Initiative (“BRI”) to the world.[1]  It was seen as an endeavour to re-establish China’s place at the centre of the economic and geopolitical arena. Yet, what first began as a project to revive the ancient silk road’s prosperity […]

The Metaverse and International Arbitration – How to Anticipate and Resolve Web 3.0 Disputes

4 March 2022

It’s boom time for the metaverse – over the past few months, tech giants, clothing brands and anonymous individuals have invested hundreds of millions of US dollars in the metaverse. Virtual real estate prices have skyrocketed. And this is only the beginning of the metaverse era. But how can legal […]

Armed conflict and force majeure

3 March 2022

Armed conflict can cause disruption to the operation of cross-border contracts and the remedies available. We examine the remedies which may be available under force majeure in these circumstances. Read more here.

Overview of EU, Swiss and UK sanctions on Russia and Belarus

1 March 2022

Introduction In response to the emerging conflict in Ukraine following the recognition by Russia of the non-governmental controlled areas of Donetsk and Luhansk and the subsequent military invasion by Russian troops on 24 February 2022, governments across the globe including the European Union, Switzerland, the United Kingdom and United States […]

CRYPTOCURRENCY MINING IN KAZAKHSTAN: PROTECTIONS FOR FOREIGN INVESTORS

25 February 2022

As regulatory changes in Kazakhstan rattle the country’s booming cryptocurrency industry, foreign investors may need to look to investment treaties for legal protection. Read more here.

Swiss Supreme Court decision on competing rights to attached assets

17 February 2022

The Swiss Supreme Court has clarified the position where litigants assert competing rights to attached assets, covertly overturning its prior case law, an important development for international recovery lawyers. This ruling (decision 5A_485/2021) by the Swiss Supreme Court concerns disputed artworks formally owned by third party A, which were attached […]

The new FIDIC Green Book Short Form of Contract explained

10 February 2022

FIDIC’s revised Green Book is intended to cater to larger projects than its predecessor, and includes novel liquidated damages clauses for prolongation costs and losses arising from termination, as well as the appointment of an engineer for the administration of the contract. Read more here.

PROPOSED TEXT FOR NEW CHILEAN CONSTITUTION PROVIDES FOR NATIONALISATIONS IN THE MINING INDUSTRY AND TAKING DOWN CHILE’S NETWORK OF INTERNATIONAL INVESTMENT TREATIES

9 February 2022

Chile’s constitutional reforms could have far-reaching implications for the mining industry; investors in the country should be prepared for a seismic shift in operations and rights of redress. Read more here.

Corporate Litigation – Clarification on UBO reporting obligations

3 February 2022

Swiss Court gives important clarifications on UBO reporting. LALIVE successfully represented the shareholder as claimant in this corporate litigation, resulting in invalidation of shareholders’ resolutions. The decision was published as a noteworthy judgment[i]. Read more here. [i] The decision as published can be found here.

MALI ECOWAS SANCTIONS: THE IMPACT ON FOREIGN INVESTORS

27 January 2022

As a major gold, diamond and mineral producer, Mali’s response to recent sanctions will impact business in the region, forcing investors to turn to legal protections to avoid disruption. Read more here.

SWISS GOVERNMENT TO SHINE A LIGHT ON GREENWASHING

24 January 2022

In 2022, the Swiss government will crack down on greenwashing. Large financial companies are now subject to new disclosure requirements. Collective investment schemes which advertise as “sustainable” are also subject to increased scrutiny, paving the way for more compliance control by authorities and recourse for investors. Importantly, climate compatibility indicators […]