Disclosure In Cross-border Disputes: Traversing The Procedural Minefield
Felix Neri, Robert Bradshaw, 2020Mondaq, 15 October 2020
Litigation
“Top-drawer multi-disciplinary team”
Disputes lie at the heart of our firm. Our leading litigation team has an excellent track record defending the interests of successful individuals and companies in all types of high-stakes business or private disputes.
Our litigators are strategic and pragmatic problem-solvers, with particular expertise in crisis management. We anticipate disputes and work with our clients to prevent them. When a dispute arises, we act decisively, diplomatically (and aggressively if necessary) working relentlessly until it is resolved.
With strong roots in Switzerland, we pride ourselves on being international. With lawyers qualified in as many as 13 jurisdictions and as many languages spoken, the unique diversity of our litigation team provides clients with valuable expertise in the handling of disputes involving Switzerland and multiple jurisdictions.
While our expertise is wide ranging, we are not dependent on particular industries and are able to take on major institutions if necessary.
- Representing the Libyan Investment Authority (LIA), Libyan sovereign wealth fund, in civil mutual legal assistance proceedings in Switzerland regarding the production of bank documents in support of foreign proceedings against inter alia Societé Generale for the recovery of assets in the amount of USD 58 million. The matter raised complex issues of international procedure and sanctions and the firm was successful in appealing a decision refusing to grant mutual legal assistance based on international sanctions against the state
- Representing a leading Russian industrial group specialising in metal production in civil proceedings in Geneva against a Geneva-based bank for violation of an asset management agreement arising out of misrepresentations and a change in investment policy, in addition to the non-payment of retrocessions received by the bank. The firm recently succeeded in dismissing a procedural objection raised by the banks and has now initiated separate disclosure proceedings which raise complex procedural issues
- Representing a HNWI and his company against one of the major Swiss banks for wrongful execution of a margin call related to complex OTC structured products related to currencies
- Representing four Cayman law collective investment schemes, in the context of a civil mismanagement claim against a Swiss custodian bank. The funds had lost most of their value following margin calls, which occurred as a result of excessive leverage used on the accounts
- Representing the shareholder of a major Russian e-commerce company in complex attachment proceedings in support of a pending LCIA arbitration and other state court and arbitration proceedings abroad. The firm’s role includes advice and coordination of complex multijurisdictional issues and proceedings
- Representing ultra-high net worth entrepreneurs acting through their family office, against a Geneva-based asset management company in connection with losses incurred due to the mismanagement of funds deposited with a Swiss bank, in particular the non-execution of an order to sell shares in a hedge fund, now bankrupt
30e anniversaire des Principes de base des Nations Unies relatifs au rôle du barreau: défendons le droit de défendre
Sandrine Giroud, Sofia Suarez-Blaser, 2020Anwalts Revue de l'avocat 10/2020, pp. 390-395
COVID-19: Audiences par vidéoconférence et justice digitale
Sandrine Giroud, Joëlle Becker, Stéphanie Chuffart-Finsterwald, Aurélie Conrad Hari, Aylin Güney King, Mitra Sohrabi 2020Anwalts Revue de l’avocat 9/2020, pp. 357-366
International Association for the Protection of Intellectual Property (AIPPI), Study Question - Descriptive use as a defence in trade mark proceedings
Thomas Widmer (chair), Gallus Joller, Cyrill Rieder, 2020International Association for the Protection of Intellectual Property (AIPPI), 2020
L’authenticité des contrats bancaires
Nicolas Ollivier, 2020Centre de Droit Bancaire et Financier, 10 August 2020
Impact of Covid-19 on criminal proceedings
Marc Henzelin, Deborah Hondius, Simine Sheybani, Adam El-Hakim, 2020LALIVE Blog, April 2020
Swiss Blocking Statute: update on do’s and don’ts under the threat of criminal sanctions
Sandrine Giroud, Valentine Bagnoud, Deborah Hondius, 2019LALIVE Blog, December 2019
Sovereign Immunity - Switzerland
Sandrine Giroud, Veijo Heiskanen, Anton Vallélian, 2020In: Stephen Jagusch QC and Odysseas G Repousis, (Contributing Eds.), Getting the Deal Through – Sovereign Immunity 2020, pp. 61-67
Preventive approach to incapacity issues
Werner Jahnel, Sandrine Giroud, Sébastien Zulian, 2020International Law Office (ILO), Private Client & Offshore Services, 28 May 2020
Le sort des examens universitaires sous l’ordonnance 2 COVID-19
Grégoire Geissbühler, 2020Jusletter, 30 March 2020
Ordonnance 2 COVID-19 : pas de fermeture obligatoire des cabinets
Grégoire Geissbühler, Philippe Geissbühler 2020Revue médicale suisse 2020 ; 16 : 750-1
This! Is! Bachelor! Les exigences d’accès au stage d’avocat
Grégoire Geissbühler, Tano Barth 2020Digitaler Rechtsprechungs-Kommentar / Commentaire de Jurisprudence Numérique (dRSK / CJN), 28 May 2020
Les ordres bancaires falsifiés par un organe
Grégoire Geissbühler, 2020CDBF 1132, 18 June 2020
La charge de la contestation en procédure civile – précise ou motivée ?
Grégoire Geissbühler, Célian Hirsch 2020Revue de l’avocat 06-07/2020, pp. 268 ss.
Droit Suisse des sanctions et de la confiscation internationales
Sandrine Giroud, Héloïse Rordorf-Braun 2020Helbing Lichtenhahn, 1st Edition, 2020
25 Nov 2020
LALIVE promotes in Geneva, Zurich and London
18 Jun 2020
“Droit suisse des sanctions et de la confiscation internationales”, the new reference book co-edited by Sandrine Giroud
07 May 2020
LALIVE litigation team again highly ranked by The Legal 500
29 Oct 2018
LALIVE promotes four to Counsel
24 Oct 2018
Landmark decision by Swiss Federal Supreme Court regarding Crimea awards
04 Sep 2018
LALIVE opens in London
30 Apr 2018
LALIVE recognised among leading law firms in Switzerland by Bilanz and Le Temps
27 Apr 2018
Marc Henzelin plays key role in Tennis Anti-corruption Report
23 Mar 2018
Simone Nadelhofer appointed Chair of IPBA Anti-Corruption and the Rule of Law Committee
18 Dec 2017
LALIVE promotes André Brunschweiler to the partnership
26 Sep 2017
Domitille Baizeau appointed to Terralex Executive Committee
18 Apr 2017
LALIVE strengthens its Litigation team with the appointment of Matthias Gstoehl to the partnership
01 Jan 2017
Sandrine Giroud appointed Co-Chair of the IBA Litigation Committee’s Young Litigators Forum
24 Nov 2016
LALIVE promotes Sandrine Giroud to the partnership
13 Sep 2016
Press coverage: Simone Nadelhofer on fraud at Basler Kantonalbank
'Top international firm' LALIVE is 'very client-oriented, prompt and precise, having a tight grip on the issues involved and offering forward-thinking solutions'. Covering civil and criminal litigation, the ten-partner team focuses especially on commercial, private client, banking and white-collar crime disputes, while also engaging in contentious matters from the employment, real estate and intellectual property fields.
Legal 500, Litigation, 2019
LALIVE has built an outstanding reputation and market position for handling top-flight contentious work, both in litigation or arbitration. It has been active in high-profile matters involving bribery and corruption, both for corporates on self-reporting issues and on independent reviews. It is unusual in the top end of the Swiss market for having built a litigation practice for both corporate and high-net-worth individuals acting against banks.
The Lawyer, 2019
Clients appreciate the team's "deep bench of talent and highly qualified people, which means there is always someone there to jump on to something” and report that the team is "very client-oriented, prompt and at the same time, precise."
Chambers Europe, Dispute Resolution, 2019
Lalive provides ‘a heavy-weight contentious offering’, including a ‘specialisation in white-collar crime’.
Legal 500, Switzerland, Dispute resolution: Litigation, 2018
"Top-drawer multi-disciplinary team that benefits from offices in Geneva, Zürich and Doha. Standout expertise in banking, energy, asset recovery and white-collar crime disputes. Advises on litigation but is best known for a focus on arbitration, where it acts for sovereign entities and companies. Additional expertise in high-profile investor-state disputes. Possesses particular knowledge of representing clients from the MENA region." One client praises the team's "dedication, expertise and responsiveness". One client states that LALIVE "were more creative and came up with better ideas than the other firm we worked with."
Chambers Europe, Dispute Resolution, 2017
Lalive is ‘a very good choice’ for litigation, particularly in the areas of financial services and white-collar crime.
Legal 500, Switzerland, Dispute resolution: Litigation, 2017
Lalive is considered ‘a clear market leader’ for international arbitration (...) and is very strong in litigation and contentious banking matters.
Legal 500, Switzerland, French-speaking Switzerland: leading firms, 2017
Dispute resolution specialist Lalive has many ‘outstanding’ international arbitration lawyers and is also strong in litigation.
Legal 500, Switzerland, French-speaking Switzerland: leading firms (Tier 2), 2016
Lalive’s ‘excellent’ practice regularly acts for corporations, states and high-net-worth individuals – often politically exposed persons – in civil and criminal matters.
Legal 500, Switzerland, Dispute resolution: Litigation (Tier 2), 2016
"The firm really is in a league of its own."
"The lawyers are great; they are responsive and efficient."
Chambers Europe, Dispute Resolution, 2015
Within dispute resolution, Lalive is a first tier firm, 'Dispute resolution is what Lalive does best' and its ten partner team is 'large enough to cover the client's needs but does not assign too many lawyers to a project'.
Legal 500, Switzerland, Dispute Resolution 2013, Tier 1
Lalive provides 'excellent advocacy, good strategic planning and perfect structuring of the proceedings'.
Legal 500, Switzerland, Dispute Resolution, 2012, Tier 1
Within Dispute Resolution, Lalive is a first tier firm. The 'well-structured, communicative and organised' group at Lalive includes dedicated arbitration and litigation teams.
Legal 500, Switzerland, Dispute Resolution, 2011
Two 'excellent' names from Lalive feature in this chapter. The 'superb' Marc Henzelin receives recognition for his 'professional manner' and 'depth of expertise'. He is joined by Alexander Troller, a 'true expert'.
Who's Who Legal, Switzerland, Asset Recovery, 2013