Blog

Commercial Dispute Resolution – Essential Intelligence: The Belt and Road Initiative

22 septembre 2021

LALIVE Associate Baptiste Rigaudeau provides insights in an expert analysis chapter highlighting the impact of China’s Belt and Road Initiative in a 2021 report published by the International Comparative Legal Guides. The report provides useful reference and discussion points for Belt and Road Initiative disputes, in project finance, investment and […]

Attorney General’s Office: It simply needs more.

14 septembre 2021

Simone Nadelhofer comments on Swiss parliamentary commission proposal for the head of Bern’s cantonal police to become Switzerland’s new attorney general, one year after the top prosecutorial role was left vacant. Simone highlights the ways in which the attorney general’s office could benefit from more energy, diversity, balance, and courage […]

East Africa Infrastructure Projects and Disputes: as countries in Sub-Saharan Africa are striving to bridge the infrastructure gap to meet the needs of their rapidly growing populations and to foster economic growth, the number of disputes over infrastructure projects is inevitably growing.

13 septembre 2021

LALIVE Partner Bernd Ehle, Associate Baptiste Rigaudeau, and Deputy Counsel for the International Chamber of Commerce Benjamin Ng’eno, provide insights into the dispute resolution practice relating to infrastructure projects in East Africa, highlighting the impact of China’s Belt and Road Initiative in a bilingual English/French article published in the International Business Law […]

Documentation of data processing activities under the revised Swiss Federal Act on Data Protection

25 juin 2021

The revised Swiss Federal Act on Data Protection (“RDPA”) will govern the processing of personal data by private companies in Switzerland as well as those established abroad whose personal data processing activities have an effect in Switzerland. Companies will need to identify their processing activities and maintain a record of […]

SUCCESSFUL GROUP ACTION AGAINST A SWISS BANK FOR MONEY LAUNDERING

23 juin 2021

A recent group action in the Geneva Appeal Court was successful in claiming damages against a Swiss bank on the basis of a money laundering offence committed within the bank. Forty parties were involved in the group action. In a judgement dated 1 September 2020 and published early 2021, the […]

IMPLICATIONS OF BREXIT ON BRITISH INTERESTS IN SWITZERLAND

4 mai 2021

Although the United Kingdom (“UK”) left the European Union (“EU”) as of 31 January 2020, the bilateral agreements between Switzerland and the EU continued to apply to the UK during the so-called transition period having lapsed on 31 December 2020. Since 1 January 2021, these agreements have ceased to apply. […]

COUP D’ETAT IN MYANMAR – WHAT NEXT FOR FOREIGN INVESTORS?

20 avril 2021

EXECUTIVE SUMMARY The coup d’état by Myanmar’s military has sparked mass protests, which have been met with the imposition of martial law, media and telecommunication blackouts, and human rights violations, including mass arrests and deadly force. Many foreign investors have been required to suspend operations to ensure the security of […]

Jurisdiction and Enforcement Post Brexit: the English and Swiss Perspectives

26 janvier 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 […]

SWISS PARLIAMENT AMENDS THE ANTI-MONEY LAUNDERING ACT AND (INADVERTENTLY?) INTRODUCES NEW COMPLIANCE DUTIES

12 mai 2021

On 19 March 2021, the Swiss Parliament adopted the revised Anti-Money Laundering Act (AMLA) in the context of the Federal Government’s legislative initiative aimed at implementing recent FATF recommendations. Absent a public referendum, which at this stage seems unlikely, the revised AMLA is expected to enter into force in the […]

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

26 mars 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 mars 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 mars 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 février 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 février 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 février 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. […]