Ambitious targets for the development of offshore wind have locked horns with global inflation and other adverse events, leaving stakeholders at risk of a range of potential disputes. Read more here. L’article OFFSHORE WIND – A rise in disputes in an industry at the crossroads est apparu en premier sur LALIVE ..read more

Changes to the Swiss Data Protection Act should bring clarity for international organisations operating or based in Switzerland The revised version of the Swiss Federal Act on Data Protection (“FADP”) will enter into force on 1st September 2023, including an anticipated change to Art. 2(2) FADP Read more here. L’article International organizations and the revised Swiss data protection act: anything new? est apparu en premier sur LALIVE ..read more

A new Russian law permits excluding investors from “unfriendly” States from holding shares in significant Russian companies by transferring their interests to Russian beneficiaries. As reported previously, the Russian State is stepping up countersanctions against foreign investors from so-called “unfriendly” countries that have sanctioned Russia over the invasion of Ukraine, including the EU, the USA, the UK (including British Overseas Territories and Crown Dependencies), Canada, Australia, Switzerland, Japan, South Korea, Singapore and Taiwan. Investors from these States have faced a trilemma ..read more

A recent ruling from the English Commercial Court highlights the potential challenges faced by crypto platforms in enforcing arbitral awards in England against consumers due to public policy considerations. Read more here. L’article Payward v Chechetkin: Consumer protection trumps enforceability of crypto award est apparu en premier sur LALIVE ..read more

On 26 July 2023, the UK Supreme Court delivered its judgment in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28, in which it held that litigation funding agreements granting funders a percentage of the claim proceeds are “damages-based agreements” within the meaning of UK legislation. Unless those litigation funding agreements comply with the formal requirements for damages-based agreements – and it is thought the majority of existing agreements on the market do not – those agreements will therefore be unenforceable. Read more here. L’article UK Supreme Court holds many litigation fund ..read more

Actions for organisational defects have become an important tool in shareholder disputes and boards should take heed that some recent decisions have taken a hard line over a lack of good governance. Read more here. L’article Corporate litigation – guidance on court measures to remedy organisational defects. est apparu en premier sur LALIVE ..read more

As of the current financial year, large listed companies and issuers of bonds as well as FINMA-supervised institutions must provide extensive transparency on non-financial matters (Art. 964a et seq. of the Swiss Code of Obligations, “CO”). Read more. The article is also available in French and German. L’article Final call for Swiss sustainability reporting by listed companies and bond issuers as well as financial institutions est apparu en premier sur LALIVE ..read more

While many EU countries have decided to leave the Energy Charter Treaty – citing incompatibility with green energy goals – Switzerland is maintaining a wait-and-see approach, mindful of its potential impact on Swiss energy companies and investment funds. Read more here. L’article MODERNISING THE ENERGY CHARTER TREATY – WHAT IS THE SWISS POSITION? est apparu en premier sur LALIVE ..read more

Under Swiss law, contracts do not always need to be signed to be considered legally binding. Parties negotiating agreements should therefore take measures to ensure their intentions are clear to avoid potential disputes. Read more here. L’article <strong>Unsigned contracts: can they be binding under Swiss law?</strong> est apparu en premier sur LALIVE ..read more

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. L’article ESG litigation in Switzerland – Risks and possible defence strategies est apparu en premier sur LALIVE ..read more