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
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Swiss Federal Supreme Court confirms the presumption of an enforceable performance obligation underlying an enforcement certificate under the Lugano Convention
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…
United States: FTC and DOJ prevail against healthcare company and its executives in parallel civil and criminal cases
In brief In 2018, following an investigation, the FTC filed a complaint in the US District Court for the Southern District of Florida against Simple Health Plans LLC and several related companies (collectively, “Simple Health”), as well as the companies’ then-CEO and founder. Then, in 2022, the DOJ indicted three former Simple Health executives —…
Revision of the Swiss Civil Procedure Code: Use of Electronic Means of Communication in Hearings
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…
Hong Kong: Practical Guide – Enforcing Mainland Judgments in Civil and Commercial Matters under the latest Arrangement on Reciprocal Recognition and Enforcement of Judgments
In brief On 29 January 2024, the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement“) has taken effect simultaneously in both Hong Kong and the Mainland. The Arrangement establishes the mechanism for the reciprocal recognition and enforcement…
Singapore: Singapore International Commercial Court recognises Garuda’s Indonesian restructuring in landmark decision
In brief On 18 January 2024, the Singapore International Commercial Court (SICC) issued its decision in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) (“Re Garuda Indonesia“), which was the SICC’s first decision on an application under the UNCITRAL Model Law on Cross-Border Insolvency (as enacted in Singapore in the Third Schedule of the Insolvency, Restructuring and…
Australia: Does your company have adequate procedures in place to prevent corruption?
New legislation passed which will put onus on companies – when did your company last undertake a risk assessment on corruption? In brief The Australian government has, after many years of deliberation, passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 (“Bill“) which introduces a new indictable corporate offence of failing to prevent foreign bribery. This…
Hong Kong: Court agrees with Listing Review Committee’s decision on internal control failures
In brief
This recent Court of First Instance judgment ([2023] HKCFI 2932) is another unsuccessful judicial review against the decision of the Listing Review Committee (LRC) of The Stock Exchange of Hong Kong Limited to impose disciplinary sanctions on two independent non-executive directors (INED) (“Applicants“) of a listed company (“ListCo“). These applications remain to be…
Italy: Disputes in the tech sector – Law and Practice
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…
China: New Rules for Foreign-related Litigation
On 1 September 2023, the Standing Committee of China’s National People’s Congress released the amendments to the PRC Civil Procedure Law (“2021 CPL“) which will take effect from 1 January 2024 (“2024 CPL“). Among these amendments, there are considerable changes in respect of foreign-related litigation, including the PRC courts’ jurisdiction over foreign-related disputes, parallel proceedings,…