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LALIVE is an international law firm based in Switzerland, with offices in Geneva, Zurich and London, renowned for its expertise and experience in…
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LALIVE | Switzerland | 10 Jun 2021

Revised inheritance law allows for greater flexibility

Swiss inheritance law will undergo a major revision which will take effect on 1 January 2023. The respective changes to the Civil Code will allow testators greater flexibility when drafting their will. In particular, the forced heirship rules will be modified to the detriment of the testator's parents and children and therefore merit careful consideration. This article summarises the most......
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LALIVE | Global | 15 Mar 2021

The 2021 ICC Arbitration Rules – what revised joinder and consolidation rules mean for construction disputes

The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. This article discusses why the recent changes are relevant for construction arbitration.
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LALIVE | Switzerland | 28 May 2020

Preventive approach to incapacity issues

The COVID-19 pandemic has placed issues of life and death at the forefront of people's minds, with many people requiring intensive medical care which may deprive them of their capacity of judgement and require others to take decisions for them. This time of significant change is an opportune moment to consider the importance of taking preventive steps before a state of incapacity arises to......
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LALIVE | Switzerland | 9 Apr 2020

Art-secured lending: maximising liquidities opportunities for private art collectors

With COVID-19, investors who are facing cash calls and liquidity squeezes in other asset classes might be looking to realise some liquidity from their unsecured, unleveraged artwork collections; despite valuation risks, this could therefore be a time when investors turn to art loans to provide them with much-needed liquidity. Concluding an art-based loan agreement under Swiss law offers many......
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LALIVE | Global | 6 Apr 2020

Three practical steps to protect your legal position on COVID-19 disruptions

All parties involved in construction projects – including contractors, employers, subcontractors and suppliers – should consider what steps they can take now to ensure that they are on a sound legal footing with respect to COVID-19 impacts when the dust settles and it becomes time to allocate responsibility for the consequences. This article sets out three practical steps that parties should......
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LALIVE | Switzerland | 5 Mar 2020

Swiss free ports: still a safe house for private clients' trophy assets?

Private clients who want to resort to the services of Swiss free ports are facing greater transparency. They should be aware of the anti-money laundering obligations imposed on the dealers and financial intermediaries with which they trade, particularly regarding due diligence enquiries to which they could be subject. However, despite stricter regulation, Swiss free ports continue to offer......
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LALIVE | Switzerland | 24 Feb 2020

Five points to look out for when signing construction contracts governed by Swiss law

Swiss law is commonly used for construction contracts and is generally considered to be a safe option for good reason. But Swiss law does have some particularities that international parties might not expect. This article sets out five points that international parties should look out for when signing a Swiss law construction contract. With some forethought, parties can opt to contract out of......
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LALIVE | Switzerland | 19 Dec 2019

Game changer for Swiss trustees: new licensing obligation from 2020

From 1 January 2020, the Swiss Financial Institutions Act and the Swiss Financial Services Act will become law and introduce a regulatory regime for trustees operating in Switzerland, obliging them to obtain an authorisation to carry out their activities. The new regime should reinforce the general reputation and competitiveness of Switzerland as a financial centre and boost the Swiss trust......
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LALIVE | Switzerland | 29 Aug 2019

Art collectors' alert – landmark Supreme Court ruling on returning artworks illicitly exported to country of origin

Estimated at $67.4 billion, the art market has become a global playing field for ultra-high-net-worth and high-net-worth individuals to invest their assets. Yet, lack of harmonisation of national legislations on the protection of cultural property may hamper collectors' pleasure in moving their art around the world. In a recent decision, the Swiss Supreme Court clarified the requirements to......
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LALIVE | Switzerland | 8 Aug 2019

Revised PILA: setting the ground for trust arbitration in Switzerland?

While trusts have not been incorporated into the Swiss legal system, Switzerland ratified the Hague Trust Convention with effect from 1 July 2007 and adapted its conflict of laws provisions – in particular, Articles 149(a) to 149(e) of the Private International Law Act. As a result, foreign trusts are fully recognised and implemented under Swiss law. Although discussed controversially,......
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