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In Investment Screening

Switzerland: Draft Investment Screening Act

by , and 12 Mins Read

In brief On 15 December 2023, the Federal Council adopted a draft Investment Screening Act (the “D-ISA”). To date, Switzerland has no overarching regulation for the review of foreign investments as prevalent in other countries. The D-ISA intends to introduce sector-specific investment control in Switzerland to prevent takeovers of Swiss companies operating in critical sectors by foreign state-controlled investors (public or private investors that are directly or indirectly controlled by a state) if these takeovers…

In Climate Litigation

Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: European Court of Human Rights identifies shortfalls in Swiss climate mitigation measures and access to justice

by , and 9 Mins Read

The European Court of Human Rights (“ECtHR”) has ruled on a case brought against Switzerland by the Swiss association KlimaSeniorinnen on behalf of its members and four individual women of the association. The more than 2.000 members of the association are elderly women (the majority over the age of 70) concerned about the consequences of global warming on their living conditions and health. The ECtHR found that Switzerland has violated Art. 8 of the European Convention…

In Use of electronic means of communication in civil proceedings

Use of electronic means of communication in cross-border civil proceedings

by and 7 Mins Read

Revision of the Swiss Declaration to the Hague Evidence Convention and the Federal Act on Private International Law: Facilitation of the use of electronic means of communication in cross-border civil proceedings Persons residing in Switzerland who are involved in foreign civil proceedings may soon be able to be examined or heard by telephone or video conference directly by foreign authorities or a person tasked to do so without prior authorization from the Federal Office of…

In Public Policy

The Swiss Federal Supreme Court affirms restrictive interpretation of the Swiss public policy exception by upholding civil claims arising from corruption issues pursuant to Hong Kong Law

by and 5 Mins Read

In its decision of 8 December 2023, the Swiss Federal Supreme Court (“SFSC”) deliberated on the reservation of Swiss public policy (case no. 4A_11/2023 [in French]). Factual background In the case at stake, a Swiss watch manufacturer (the respondent before the Commercial Court of the Cantonal Supreme Court of Berne and defendant before the SFSC) purchased packaging material for watches and jewellery from a supplier domiciled in Hong Kong. The supplier (the claimant before the Commercial Court and…

In Enforcement Certificate

Swiss Federal Supreme Court confirms the presumption of an enforceable performance obligation underlying an enforcement certificate under the Lugano Convention

by and 5 Mins Read

In a decision published on 16 January 2024, the Swiss Federal Supreme Court (“SFSC”) ruled on the enforceability of a foreign judgment in Switzerland  (case no. 4A_547/2022 [in German]). Factual background The judgment in question was issued by the Cour de Cassation of France, i.e., a court of a Lugano Convention (“LC”) member state. With its cassation judgment, the Cour de Cassation set aside the judgment of the lower instance insofar as it had ordered the…

In Use of electronic means of communication in civil proceedings

Revision of the Swiss Civil Procedure Code: Use of Electronic Means of Communication in Hearings

by and 4 Mins Read

On 1 January 2025, a revision of the Swiss Civil Procedure Code (CPC) introducing key amendments intended to facilitate the practical application of the CPC and improve access to courts in Switzerland will enter into force (see our blog post with a summary of the key amendments). This revision will also introduce provisions allowing the use of electronic means in civil proceedings in Switzerland, which was not explicitly mentioned in the CPC before (cf. art.…

In Financial Conduct Authority

United Kingdom: Recent FCA enforcement action – Key takeaways for compliance officers

by , and 9 Mins Read

In brief On 13 February 2024, the FCA issued a Final Notice to Floris Jakobus Huisamen, the former director and compliance officer of London Capital & Finance plc (LCF), fining him GBP 31,800 and banning him from working in financial services in relation to misconduct connected to financial promotions issued by LCF. This Final Notice follows the FCA’s previous censure of LCF in October 2023 for connected behaviour. In this alert we draw out the key takeaways that compliance…

In Data & Technology Disputes

Italy: Disputes in the tech sector – Law and Practice

by , , and 30 Mins Read

I OVERVIEW Technology disputes in Italy involve a large and varied amount of litigation, ranging across sectors covered by traditional patents (mechanical, electronic and pharmaceutical), telecommunications and other fields that are often hotbeds of new industry technology standards that can be protected by standard-essential patents (SEPs). Such standards may, in turn, generate licensing disputes. Disputes also often occur in sectors that involve more innovative and trend-setting technologies, such as the use of algorithms, artificial intelligence…

In Electronic Office

Ukraine: Mandatory registration of the electronic office in the UJITS

by , and 3 Mins Read

In brief On 18 October 2023, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Mandatory Registration and Use of Electronic Offices in the Unified Judicial Information and Telecommunication System” (“Law”) was enacted. The Law amends the procedural codes (Commercial Procedural Code of Ukraine (CoPC), Civil Procedural Code of Ukraine (CiPC) and Code of Administrative Procedure of Ukraine (CAP)) and provides for the mandatory registration of electronic offices in the Unified…

In Class Actions

First environmental class action brought under UK collective action regime

by and 3 Mins Read

A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt out” collective action regime established by the Consumer Rights Act 2015 has been used to bring an environmental claim and marks a significant development in the ESG…

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