We advise and represent Swiss and foreign clients before
Swiss courts, and in internal and international arbitration.
This is because Belgium argues that
Swiss Courts are under an obligation to stay proceedings brought in that country not only as a result of the Lugano Convention but also because this result is dictated by the rules of general international law relating to jurisdiction.
The right not to produce in the framework of administrative proceedings is specifically provided for by article 13 (1 bis) APA pursuant to which the obligation to cooperate with the investigating authority does not extend to the handover of items and documents used in communications between a party and his or her lawyer provided the lawyer is entitled to represent clients before
the Swiss courts in accordance with FAFMA.
It relied on a decision of
the Swiss Courts refusing attachment of its funds there on the basis of immunity of the assets of a central bank of a foreign state.
For companies domiciled in Switzerland or other parties wishing to avert an impending lawsuit abroad in Switzerland or before
Swiss courts, the option of action for a negative declaratory judgement is now available as a valid option, at least in international cases.
Homburger represents its clients before
Swiss courts and arbitration tribunals in employment - related matters and advises on all employment law issues, in particular on: employment contracts for executives, including compensation packages, non-compete covenants and «golden parachutes»; standard employment contracts and customised employment concepts (contracts, regulations, employee handbooks); employee participation plans and variable compensation schemes (e.g., long - term incentive schemes, management participation on acquisitions, stock option plans, bonus and gratification schemes); transfer of business units and outsourcing; business restructuring (staff reduction, collective dismissals), contract and gardening leave; data protection; and posting of employees and work permit applications.
In 2003 a draft law, proposed by resolution of the Cantonal Council of Zurich, and which, inter alia, prohibited the financing of litigation by any third party, was challenged before
the Swiss courts.
However, this issue has not yet been fully tested by
Swiss courts.
[18] After unsuccessfully having tried his case in the domestic
Swiss courts, the applicant submitted a claim to the ECtHR.
GENEVA — Russian billionaire and Chelsea soccer club owner Roman Abramovich has appeared in
a Swiss court as part of a 19 - year - old legal case aimed to wrest 46 million Swiss francs in debts allegedly owed by him and others to a European bank.
GENEVA (AP)-- Russian billionaire and Chelsea soccer club owner Roman Abramovich has appeared in
a Swiss court as part of a 19 - year - old legal case aimed to wrest 46 million Swiss francs ($ 46 million) in debts allegedly owed by him and others to a European bank.
It seems to grow harder than ever to understand the anomalies of football for the moment I am not talking about that sink of iniquity which is FIFA, where at long last the ineffable Sepp Blatter, forever promising to solve the problem of which he is such a central part, has at long last agreed to release
the Swiss court papers which detail how two senior FIFA executives — plainly Joao Havelange himself and Ricardo Texeira — received a huge pay off from the now defunct ISLCompany in exchange for valuable rights.
The money was frozen in 2014 by
a Swiss court after a legal procedure against his son, Abba Abacha.
A Swiss court has put the brakes on a field test of wheat engineered to resist the fungus.
This week, a Singaporean court ruled that business dealings between the two men are governed by Swiss law and should be sorted out in
a Swiss court.
For instance, in a 1968 case,
a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.
By the time the husband's appeal was heard,
the Swiss court had determined jurisdiction.
A FIFA executive committee announced on Tuesday (17 July) that Garcia had been unanimously appointed alongside German judge Hans - Joachim Eckert to lead an internal inquiry probing a series of corruption scandals that have embarrassed FIFA executives and prompted
Swiss court proceedings.
The issue before the Court of Appeal in Phillips was whether the English court or
the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.
Not exact matches
In December, a Singapore
court sentenced Yeo Jiawei, a former private banker at the local branch of the
Swiss bank BSI, to 30 months in prison for tampering with witnesses and obscuring his ties to Mr. Low.
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Any dispute relating to these Customer Service General Terms and Conditions will be subject to the authority of the canton of Geneva's relevant
courts, subject to an appeal to the
Swiss Federal
Court.
The International Olympic Committee (IOC) announced on Thursday that it will appeal to the
Swiss Federal Tribunal against the decision by the
Court of Arbitration for Sport (CAS) to lift doping bans on 28 Russians.
The
Swiss cantons protested and petitioned the French
court, sending messages and representatives.
SWISS firm Ethical Coffee Company has lodged a complaint in a Paris
court against Nestle for patent infringement with its Nespresso coffee machines.
The
Court of Arbitration for Sport will hear later this month the dispute between UEFA and
Swiss club FC Sion, who responded to their exclusion from the Europa League by mounting a civil action.
UEFA have since rejected numerous attempts by the club to regain their place via the
Swiss civil
court in the Canton of Vaud, insisting the CAS is the only authority with jurisdiction over the matter.
Favre had been
courted by Borussia Dortmund in the close season but Nice, who finished third in the top flight last season, ruled out any exit for the
Swiss coach in June, with the Bundesliga outfit appointing Peter Bosz instead.
Abbott Ross, Mead Johnson, and Wyeth, along with the
Swiss - owned Gerber, enlisted the Pharmaceutical and Health Care Association of the Philippines (PHAP) to challenge the law in the Filipino supreme
court.
US
courts can't order
Swiss police to make an arrest or send someone to the US, and US police can't go into a
Swiss hotel and slap handcuffs on people; for the arrest, there needs to be
Swiss involvement (or use of force by the US, like in Panama in 1989; that's not typically the preferred option, though).
The
Swiss Federal
Court has put a preliminary halt to a field trial of genetically modified wheat that would have been Switzerland's first field trial of a GM crop.
ZURICH, Switzerland —
Swiss watchmaker Swatch Group won a partial victory in a row with a British group over supplying parts to independent repairers when Switzerland's highest
court ruled the case should be heard by a domestic
court.
This agreement shall be governed by and construed in accordance with the material laws of Switzerland.All disputes controversies or differences arising out of or relating to this agreement, or breaches thereof, which can not be settled by the parties, shall be resolved, to the exclusion of the ordinary
courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules of the
Swiss Chamber of Commerce.
Bailey's co-producer Amanda Marshall told V.F. that the company actively tried to
court a younger audience for the film, sending
Swiss Army Man bongs and Daniel Radcliffe beach towels to members of the press.
«In 2010 the
Swiss Federal Supreme
Court barred anti-piracy outfit Logistep from harvesting the IP addresses of file - sharers.
The indulgences continue at Kopi Tiam with its authentic Singaporean fare, Cafe
Swiss with its
Swiss delights, and Lobby
Court or Introbar where one watches the world go by over an aromatic cup of coffee or over an array of aperitifs.
, Tony Shafrazi Gallery, New York, US Intervention / Decoration, Foreground Projects, Frome, Somerset, UK Ambition d'Art, Institute d'Art Contemporain, Villeurbanne - Lyon, FR Redone, Kröller - Müller Museum, Otterlo, NL A Bookcase for Onestar Press by Lawrence Weiner, Christophe Daviet - Thery, Paris, FR Mes Amis, Dvir Gallery, Tel Aviv, IL Reconstruction # 3: Artists» Playground, Sudeley Castle, Winchcombe, Gloucestershire, UK Advancing the Experience: Robert Ryman & Urs Raussmüller, Hallen für Neue Kunst, Schaffhausen, CH Art Basel, Kino Mascotte, Basel, CH Cul - de-sac, curated by Lino Polrgato, Small Dead End
Courts Around Venice, IT 2008: FREEDOM - American Sculpture, curated by Marie Jeanne de Rooij, Stichting Den Haag Sculptuur, Den Haag, NL Revolutions - Forms That Turn, Biennale of Sydney, Museum of Contemporary Art, Sydney, AU Slow Glass, Lisa Cooley, New York, US Thoughts On Democracy: Reinterpreting Norman Rockwell's «Four Freedoms» Poster, The Wolfsonian, Florida International University, Miami, Florida, US artCRUSH, Aspen Art Museum, Colorado, US NOLEFTOVERS, Kunsthalle Bern, CH Translocomotion 7th Shanghai Biennale, curated by Julian Heynan, Henk Slager, Shanghai, CN German Angst, Neuer Berliner Kunstverein, Berlin, DE TEXT drawings, Leo Castelli Gallery, New York, UK Drawings on Graph Paper, Leslie Tonkonow Artworks + Projects, New York, US Pleinairism, curated by Kitty Scott, i8 Gallery, Reykjavik, IS Une Grosse Caisse dans un Orchestre Symphonique, Center d'art Contemporain, Saint Restitut, FR Variation 1, Wiener Konzerthaus, Vienna, AT Wall Rockets: Contemporary Art Artists and Ed Ruscha, curated by Lisa Dennison, The FLAG Art Foundation, New York, US; Albright - Knox Art Gallery, Buffalo, New York, US XX, CAG, Vancouver, CA Wall Works, Buchmann Galerie, Lugano, CH ABC No Rio 2008 Gala & Benefit Auction, Angel Orensanz Foundation for the Arts, New York, US The Panza Collection, The Hirshhorn Museum and Sculpture Garden, Smithsonian Institution, Washington DC, US 2 x -LSB-(2 x 20) + (2 x 2)-RSB- + 2 = XX (DESPERATELY) TRYING TO FIGURE OUT THE WORLD, curated by Konrad Bitterli, Part I, Mai 36 Galerie, Zurich, CH, Part II, Brook Alexander Gallery, New York, US Collected Visions Modern and Contemporary Works from the JP Morgan Chase Art Collection, Pera Museum, Istanbul, TR This is the Gallery and the Gallery is Many Things, Eastside Projects, Birmingham, UK Love Love Love, Martos Gallery, New York, US Whatever Happened to Sex in Scandinavia, curated by Marta Kuzma, Office for Contemporary Art Norway, Oslo, NO Passage To The North, screening SI Annual Benefit,
Swiss Institute, New York, US Posesion, curated by Montserrat and Pablo Sigg, Petra, Mexico City, MX Now You See It, Aspen Art Museum, Colorado, US Order.
The scientists were taken to
court by the
Swiss appliance industry and were convicted in 1993 of interfering with commerce.
Unfortunately, like the General
Court before, the CJEU did not take the opportunity to assess the legal consequences of the
Swiss - EU Agreements on the procedural status of Switzerland before the CJEU.
Since then, he has sought leave to appeal to the Supreme
Court of Canada no fewer than five times, and obtained it once (not counting his earlier trip to the SCC in 1998, challenging Canadian assistance to a
Swiss investigation).
Is the
Court reluctant to take a position in a matter that is currently under discussion between Switzerland and the EU, i.e. the so - called «institutional issues» relating to the
Swiss - EU Agreements?
While in its Order of 14 July 2005 in Case C ‑ 70 / 04 transferring the case to the General
Court, the
Court had expressly mentioned this possibility (albeit without giving its view on it), the present judgement entirely omits any reference to the admissibility of the
Swiss appeal.
The firm has a particular focus on sports litigation and party representation in front of the
Court of Arbitration for Sport (CAS), the
Swiss Federal Supreme
Court and decision - making bodies of international sports federations.
Gary B. Born, International Commercial Arbitration 3544 - 45 (2014); Alan Redfern, J. Martin Hunter et al., Redfern & Hunter on International Arbitration 645, para. 11.76 (2009)(referring to The Arab Republic of Egypt v. Southern Pacific Properties,
Court of Appeal of Paris, France, 12 July 1984, 23 ILM (1984)-RRB-; Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the
Swiss Private International Law Statute 660 - 61, para. 94 (S.V. Berti et al. eds., 2000); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541, para. 83 (K.H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 639 - 40 (E. Gaillard, D. di Pietro eds., 2008).
In Chrome Resources S.A. v. Leopold Lazarus Ltd., the
Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920
Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect of the arbitral procedure at a later stage if it had the opportunity to raise a reservation in a timely manner during the arbitral proceedings.
Similar to the case's procedural history in the
Swiss domestic
courts and at the ECtHR, the facts are extremely complex.
The
Swiss Federal Tribunal goes, as did the European General
Court in 2005 (EU General
Court (formerly
Court of the First Instance), 21st September 2005, case T - 315 / 01, Kadi v Council of the EU & Commission of the EC), in that direction, by holding open the door for not carrying out resolutions which violate ius cogens (BGE 2A.783 / 2006, para. 9.2.).
Our work especially consists of explaining the
Swiss liability law system to the client or the corresponding lawyer abroad, assisting in providing evidence, drafting of damage calculations, conducting negotiations with the opposite party and, if necessary, representing our client in
court proceedings in Switzerland by our litigation department.
The husband appealed a decision in the English
court for
Swiss expert evidence to be filed in relation to his application for a stay.
So it was fair enough for the English
court not to take jurisdiction over some of the disputed activities of the
Swiss and German defendants.