Resource Library

This Litigation Tip of the Month provides helpful guidelines for drafting effective, enforceable liquidated damage clauses.

Switzerland has a civil law legal system, at the crossroads between Germanic and French legal traditions. The organization of the Swiss legal and judicial system reflects the political and federalist structure of Switzerland. Civil procedure is primarily regulated by the Swiss Code of Civil Procedure (SCCP), which entered into force on 1 January 2011. It provides a unified set of rules regulating civil procedure. The SCCP aimed to eliminate these obstacles by unifying the civil procedural laws. It largely draws on existing cantonal codes, particularly those of the Swiss-German cantons. This article first sets out the legal framework applicable to civil procedure in Switzerland. It then presents the judicial organization in Switzerland and, finally, addresses selected issues of Swiss civil procedure.

Last year, the Shanghai High People's Court rendered final judgment on an antitrust dispute between two Johnson & Johnson subsidiaries in China and their former distributor in Beijing. The judgment, which overturned a lower court ruling, held that the two subsidiaries were liable for damages resulting from attempts to enforce a vertical monopoly agreement against the distributor. As the first antitrust judgment relating to vertical monopoly agreements in China, the case signals the stance of the Chinese courts towards vertical trade restraints and provides guidance for future cases.

In the wake of recent investigations into business activities in China, companies and their investors have asked how to respond to a “dawn raid” by authorities in China. PRC law provides for the rights and protections listed in this article. Your ability to implement and enforce these rights will depend, naturally, upon the circumstances and the willingness of the authorities to comply, but the starting point is to know your position under applicable law.

In answering this FAQ, we provide guidance on what parties need to do (or avoid doing) in order to ensure that any pre-arbitral ADR procedure is enforceable.

This resource contains helpful charts and graphs concerning SOE and the value of disputes.

This guide reviews applicable legislation to insolvencies and reorganizations in Italy.

Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in its series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. This chapter focuses on the Dubai International Arbitration Center (DIAC).

This article is a memorandum to the Standing Committee by the Civil Rules Advisory Committee.

This article deals with doing business in the Asia Pacific Region.