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NEWS
In Spain v EDF Energies Nouvelles, the Swiss Supreme Court ruled on the jurisdictional challenge filed by Spain. Prof. Dr. Nathalie Voser, partner, rothorn legal, comments on the landmark decision.
NEWS
Arbitration analysis: Swiss Supreme Court confirmed an arbitral tribunal’s interpretation of a 1985 Bilateral Investment Treaty between Singapore and China (the BIT), limiting the arbitral tribunals’ jurisdiction to matters of quantum only and confirming that the terms of the jurisdiction clause for arbitration in the BIT as worded did not encompass a wider jurisdiction upon the tribunal. Written by Prof Nathalie Voser founding partner of rothorn legal, Zurich, and representative of the investors.
NEWS
A new specialised framework for arbitrating cross-border trust and estate disputes has been established through the launch of the Swiss Trust and Estate Foundations (TEF) Rules. The rules aim to provide a structured approach for addressing private wealth dispute complexities. The framework's practical implications will be discussed at Singapore Convention Week in August 2025, where legal experts from firms including Schellenberg Wittmer, Carey Olsen and WongPartnership will examine its application.
NEWS
Law360, London: Bribery allegations brought by Kuwait's pension authority in the English courts have the 'closest connection with' its legal relationship to two Swiss private banks and are therefore barred by jurisdictional clauses, lawyers for the lenders told appellate judges on 14 December 2021.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 October 2014; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU investigation into cartels in the Swiss franc interest rate derivatives sector (Case COMP/39.924). The Commission has found two separate infringements—one in relation to bid-ask spreads and one in relation to influencing the Swiss franc LIBOR interest rate. The Commission announced settlements and fines in relation to both infringements on 21/10/2014. Parties RBS (active in both the Swiss franc LIBOR cartel and the bid-ask spreads cartel), JPMorgan (active in both the Swiss franc LIBOR cartel and the bid-ask spreads cartel), UBS (active in the bid-ask spreads cartel) and Crédit Suisse (active in the bid-ask spreads cartel). Market(s) Swiss franc interest rate derivatives in the EEA. Derivatives are contracts that are traded on financial markets. They manage the risk of interest rate fluctuations and act as an insurance against price movements and reduce volatility of companies'
NEWS
Arbitration analysis: The Swiss Federal Supreme Court held that Swiss sanctions under Article 15 of the Swiss Federal Council Ordinance on Ukraine of 4 March 2022 (the Ukraine Ordinance) may prevent the enforcement in Switzerland of an arbitral award where payment would make funds or economic resources available, directly or indirectly, to a sanctioned person or entity. The court treated the sanctions regime as an overriding mandatory provision and held that the payment prohibition operated not to extinguish the claim, but to suspend its enforceability while sanctions remain in force. The decision highlights the importance of sanctions due diligence in arbitral enforcement proceedings, particularly in relation to ownership and control assessments, and confirms that Swiss enforcement courts may examine sanctions issues ex officio and independently assess the relevant facts.Produced in partnership with Stephan den Hartog and Nathanael Kennedy-Leroi of AZHA Avocats – Attorneys-at-Law.
NEWS
Arbitration analysis: Swiss arbitral awards are set aside if they are incompatible with public policy. Yet setting aside proceedings are not a means of ordinary appeal, which limits the scope of review by the Swiss Federal Court, the first and only instance to deal with setting aside applications in Switzerland. It is therefore improbable in practice that the Swiss Supreme Court will find such incompatibility. Written by PD Dr Johannes Landbrecht LLB, Rechtsanwalt and barrister, Geneva.
NEWS
The Swiss Agency for Therapeutic Products (Swissmedic) has launched the UDI Devices module within its swissdamed database, which has been operational since August 2024. This new module enables the voluntary registration of medical devices, in vitro diagnostics, and systems and procedure packs, complementing the existing Actors module where economic operators can register and update their information. Aligned with the EU's Eudamed system, the UDI Devices module will become mandatory for devices placed on the Swiss market from 1 July 2026, with a transitional period available until 31 December 2026. However, devices subject to reporting obligations for serious incidents, field safety corrective actions, or trends must complete registration by 1 July 2026 without a transitional period.
NEWS
The Swiss Agency for Therapeutic Products (Swissmedic) has launched its swissdamed database, which will expand to publish details of devices and their manufacturers in order to improve device transparency. The first of two modules, called 'actors', is now live. Economic operators can use the module to register online. The second module, called 'devices', is scheduled to go live in several phases, starting 2025. To preserve equivalence between the Swiss and EU regulations and minimise the effort for economic operators, the platform resembles the corresponding modules of the European database EUDAMED.
NEWS
Swiss Arbitration has announced that the Swiss Arbitration Summit 2025, titled 'Shaping the Future of Arbitration Together' is to be from 29 January to 2 February 2024. Activities include sponsor-led arbitration sessions, a fundraising concert with legal professionals-turned-rockstars, the Swiss Arbitration Association (ASA) below 40 seminar, the Swiss Arbitration Centre Innovation Conference, the ASA gala dinner and two days of adventure in Davos with the backdrop of the Swiss Alps.
GLOSSARY
The name given to the process of changing the choice of funds in which a policy is invested. Ordinarily the units of one fund are redeemed and units are purchased in another fund. It can also be many funds being redeemed for purchase into one new fund, or alternatively one fund being redeemed and invested in a selection of other funds. The purchase of units as part of a switch is done at the bid price, so preventing another bid/offer spread being incurred by the policyholder. A charge is sometimes levied for this service.
PRACTICE NOTES
ARCHIVED: The Tier 1 (Investor) category was closed to initial applications, without warning, from 16:00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Those with existing leave in the route are still be able to extend their stay, including making an application for entry clearance outside the UK if they have held leave as a Tier 1 (Investor) migrant in the 12-month period preceding the date of application, and apply for settlement. Extension applications made inside or outside the UK must be submitted by 17 February 2026. Applications for settlement must be made before 17 February 2028. For further information, see: LNB News 17/02/2022 76. This Practice Note has been retained in archived form for historical interest, and for those whose applications were pending at the time the category was closed. This Practice Note lists the categories from which a person can apply for leave to remain in the category and the additional requirements for persons switching from the various student categories. A person can apply for leave to