According to Blackstone, the juridical tools that were
available under international law to colonial powers seeking to acquire sovereignty over foreign lands in the 18 th Century were threefold; conquest or treaty (cession) where the land was occupied; or occupation where the land was uninhabited.
Therefore, any Swiss internal investigation or
international internal investigation with a Swiss angle needs to carefully assess at the outset the requirement for confidentiality and the scope of the legal privilege
under Swiss
law available and to structure the investigation accordingly.
Commercial Arbitration and Investor - State Arbitration
under the rules of one of the major
international arbitration institutions, such as the ICC, LCIA or ICSID and subject to a wide range of
laws can be financed in a variety of venues, against respondents whose assets appear to be
available to satisfy any award.
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