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Related briefings

Fictitious self-employment in Switzerland

Supposedly self-employed service providers (eg, freelancers, contractors or subcontractors) in Switzerland are often, in fact, so-called “fictitiously self-employed persons”. As a result, the actual employer does not pay any social security contributions and there is a risk that the fictitiously self-employed person will not be covered by social protection for workers. When is there an […]

Switzerland: Aviation law guide 2018

This practical cross-border insight into aviation law includes the following questions:  What are the steps which air carriers need to take in order to obtain an operating licence? What are the principal pieces of legislation in your jurisdiction which govern air safety, and who administers air safety? Is air safety regulated separately for commercial, cargo and […]

Shareholders’ rights and obligations, Switzerland

Benedict F Christ, David Jenny, Reti Marghitola Types of companies 1.1 In general Swiss law distinguishes between two types of limited liability company, the company limited by shares or stock company (Aktiengesellschaft/société anonyme/società anonima)1 and the limited liability company (Gesellscha ft mit beschränkter Ha ftung GmbH/société à responsabilité limitée/società a garanzia limitata)2 which are available […]

The Hearing, part 2

“US Spotlight” blog series: demystifying Swiss arbitration for the US litigator (Volume 8 of 10) By Jim Nickovich Pre-hearing meeting The tribunal will hold a pre-hearing meeting with the parties a few weeks before the hearing. This may well be done over the phone, it is less imperative to make an in-person impression here as […]

Switzerland: a review of arbitration law

The ASA Bulletin is the official quarterly journal of the Swiss Arbitration Association. Since its inception in 1983 the Bulletin has carved a unique niche with its focus on arbitration case law and practice worldwide as well as its judicious selection of scholarly and practical writing in the field. Its regular contents include: Articles Leading cases […]

Latest Briefings

Fund finance market: How can lenders protect themselves?

By Alistair Russell, Richard Munden, Ardil Salem Although the fund finance market has historically been, and continues to be, a particularly low-risk one for lenders, recent events have led some to consider a rather rare and unlikely scenario: what if a fund simply releases or waives the commitments of its investors without lender consent? A credit agreement will […]

Five key employment cases: 2018

By Antonia Blackwell As we enter the festive period and the start of a new year, we take a look back on some of the most notable cases of 2018. Employer’s liability A managing director’s assault on an employee was held to be “in the course of employment” by the Court of Appeal, and therefore […]

Fraudsters are entitled to make use of the law of adverse possession

By Nick Shepherd, Lucy Shepherd The Court of Appeal has held that the law of adverse possession can be used to obtain ownership of a property even if the possession came about due to previous fraudulent activity. Background The case of Rashid v Nasrullah involved two people named Mohammed Rashid, whom the court for convenience termed MR1 […]

Ontario postpones retail cannabis licence applications at the eleventh hour

By Lewis Retik, William Bjornsson At 7:30 p.m. on the evening of December 13, effectively one business day before the application portal for Ontario retail cannabis licences was scheduled to open, the Ontario government announced that it will postpone its acceptance of cannabis retail licence applications. The move was announced as a response to continued […]

Brexit and the protection of geographical indications for food and drink

By Ravi Randhawa In this article we review the potentially complex and disruptive implications of both a ‘deal’ and ‘no deal’ Brexit for UK and EU producers of GI-protected products given the current huge economic benefit (and cultural value) for the UK with over £5 billion gained in annual exports of GI-protected products. INTRODUCTION TO GEOGRAPHICAL […]

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Multilease: the first Swiss auto lease ABS

Multilease has closed its inaugural Swiss auto lease securitisation transaction. Walder Wyss advised Multilease on the structuring and all Swiss legal, tax and VAT aspects of the transaction. The Walder Wyss team included Lukas Wyss (Partner, Finance), Johannes A. Bürgi (Partner, Finance), Maurus Winzap (Partner, Tax), Thomas Meister (Partner, Tax), Thomas Müller (Partner, Finance), Jan Ole Luuk (Counsel, VAT), Roger Ammann (Associate, Finance), Sugandha Kumar (Associate, Finance), Aliénor Nina Burghartz (Trainee, Finance) and Katrin […]

Shoosmiths advises TSC shareholders on Eddyfi acquisition

Shoosmiths has advised the shareholders of TSC Inspection Systems, which include long standing client Octopus Investments, on the company’s acquisition by market-leading Eddyfi Technologies. Headquartered in Milton Keynes, TSC has significantly contributed to electromagnetic testing technologies over the last 30 years. The Shoosmiths team was led by corporate partner Alastair Peet with senior associate Alistair Hammerton and paralegal Alice Sedgley assisting […]

Khaitan & Co advises TVS Credit Services over debt structure

Khaitan & Co advised TVS Credit Services Limited in relation to borrowing through a subordinate debt from HDFC Bank for INR 50 crores for the purpose of augmenting the capital base-Tier II capital of TVS Credit Services. TVS Credit Services is part of the $6bn TVS Group and is retail financier for TVS Motor Company. TVS […]

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