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Articles contributed by Lalive
The unified Swiss Code of Civil Procedure: a major development in Swiss litigation
The unified Swiss Code of Civil Procedure (“SCCP”) will enter into force on 1 January 2011. It will mark one of the most important developments in the Swiss legal order since the unification of the substantive law in civil, commercial, and criminal matters at the beginning of the twentieth century.
Construction- Country Report: Switzerland
Joint ventures Must foreign designers or contractors enter into a joint venture with a local contractor to design, build and be paid for their work? Does the law require that the local contractor control the joint venture?
Mutual legal assistance in tax matters – a Swiss revolution
Early in 2008, an article was published in the journal of European Criminal Law, on Mutual Judicial Assistance between Switzerland and the EU States. It contained an overview of Mutual Judicial Assistance between Switzerland and the EU States with emphasis on the development of Mutual Judicial Assisiatnce under the Schengen Agreements and in particular in the framework of tax offences.
Resisting Enforcement of a Foreign Arbitral Award under the New York Convention
This article explores issues and considerations that may arise in connection with a challenge to the enforcement of an arbitral award under the New York Convention.
Freezing a Defendant's Assets: Enforcement of a Worldwide Freezing Injunction in Switzerland
A powerful weapon in English court proceedings is the worldwide freezing injunction, preventing a defendant from disposing of assets pending the resolution of the underlying substantive proceedings. However, the weapon is only as effective as the claimant’s ability to wield it. In particular, the claimant must be able to enforce the injunction in the jurisdiction where the defendant’s assets are located.