Suisse

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eAlerts Récentes

  •  
    01/03/2024
    International

    Pre-conditions to arbitration and the FIDIC 2nd Edition

    Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...
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  •  
    29/02/2024
    Europe

    TTBER to expire in 2026 – changes in sight?

    The current 2014 TTBER, Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements, expires on 30 April 2026 but the Commission has already started the evaluation and consultation process.The TTBER exempts restrictions of competition in technology transfer agreements from the prohibition of agreements that restrict competition. Technology transfer agreements are agreements by which one party authorises another party to use certain technology rights for the production...
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  •  
    26/02/2024
    Europe

    The CBAM – what is it and how will it affect the market?

    GB PL
    Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1 October 2023 to 31 December 2025) and a target period (starting 1 January 2026).Why has the CBAM been introduced?With the establishment of the scheme for greenhouse gas emission allowance trading (EU ETS) in 2005, which covers, among other things, energy intensive installations, the European Union has set a course of action to reduce overall greenhouse gas emissions. However, the ever-rising costs...
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  •  
    19/02/2024
    Suisse

    Swiss Limited Qualified Investor Fund (L-QIF) available in March 2024

    On 31 January 2024, the Swiss Federal Council released the final implementing provisions of the Collective Schemes Ordinances (CISO) relating to the Limited Qualified Investor Fund (L-QIF). The L-QIF is a new type of investment fund reserved to qualified investors under the Collective Investment Schemes Act (CISA). The L-QIF will be available on the market on 1 March 2024.L-QIF basicsThe L-QIF does not require approval or authorisation by the Swiss Financial Market Supervisory Authority (FINMA) to be setup or launched and there is no prudential supervision conducted by FINMA over L-QIFs.Despite...
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  •  
    16/02/2024
    Suisse

    "Minor revision" to be made to the Swiss Federal Supreme Court Act

    DE GB
    BackgroundIn the years 2008 to 2013, the federal administration of justice was evaluated, leading to the identification of the following three problems: the Federal Supreme Court is overloaded, primarily due to the increase in appeals in criminal cases. The evaluation also exposed a misdirection of the workload, since the Federal Supreme Court must deal with numerous cases lacking practical relevance, while jurisdiction is partially excluded for cases that are crucial for uniformity of law and legal development. Furthermore, certain gaps in legal protection were also identified.The failure of the...
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  •  
    09/02/2024
    Europe

    ESMA reports on impact-washing concerns around funds focused on the United Nations Sustainable Development Goals

    IntroductionOn 1 February 2024, the European Securities and Markets Authority (ESMA) published an article on the efficiency of funds focused on the United Nations Sustainable Development Goals (SDG), in which it questioned the fulfilment of their promises. ESMA’s article defends the importance of this subject, highlighting that the existence of well-known sustainability frameworks such as SDGs in impact claims requires specific attention to ensure that products and strategies aiming at fostering such objectives stand true to their claims.With EUR 74bn in assets under management in September...
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