CASE: modification ; termination

John Liebeskind represented a group of workers laid off by their oil major employer after they refused the modification of their contract. Although the employer was registered in Switzerland, the place of work of one of them was China. The company operated under a dummy contract under Chinese law for meeting the latter’s requirement, while …

CASE: arbitration ; pharma R&D

John Liebeskind assisted a Middle-Eastern pharmaceutical group in an arbitration resulting from the revocation of its contract for the research and development (R&D) of a new drug with a foreign developer. Although the arbitration tribunal ruled that the principal had been at fault, it reduced the multi-million quantum by 80% on the basis of John’s …

CASE: loan DD

John Liebeskind and his team performed the legal due diligence of a Chinese group borrower on the request of a Geneva bank which was part of the lender’s syndicate for a multi-million loan and advised the bank about the extent of its obligations. The DD extended to the corporate-, economic beneficiaries-, documentary- and legal due …

CASE: scientific spying

John Liebeskind advised a whistle blower in a case involving suspected scientific spying to the benefit of the suspected spy’s country and assisted the whistle blower until the highest echelons of the spied country. 916122

CASE: freezing order

John Liebeskind won a freezing order from the court in Shanghai against a bad debtor and, eventually, the remittance of the frozen assets. The debtor had instructed the client, towards whom the debtor was indebted, as agent for the sale of an apartment in Shanghai. They entered a fee agreement entitling the creditor to pay …

CASE: arbitration ; automotive industry

John Liebeskind assisted Global Law Office advising and representing a major Chinese automobile manufacturer against a foreign yet Chinese-controlled joint-venture (JV) partner in an arbitration filed by the latter for breach of the JV contract which was governed by Swiss law. The dispute involved several issues of Swiss contract law diverging from Chinese legal concepts …

CASE: M&A

John Liebeskind and Global Law Office advised and assisted a Swiss inspection and certification company for the acquisition of three Chinese companies. They conducted the due diligence, advised the client about the legal setup and drafted the related contractual documents. 517446 695724 796256

CASE: exchange control ; KYC

John Liebeskind advised a Geneva bank about the scope of the Chinese exchange control with respect to deposits of Chinese customers, and about the specificities of the bank’s “know your customer” (KYC) duties related to Chinese customers.

CASE: General Conditions

John Liebeskind advised a Swiss bank about the drafting and the translation of its general conditions of sale in Chinese and their compliance with Chinese banking law and regulations.

CASE: copycat ; shampoo

John Liebeskind advised a major Swiss retailer about counterfeit shampoo sold in China by an ex-employee. The client had neglected to protect itself in China with an adequate trademark registration and the related licenses. John halted the counterfeiter and implemented such protection.

CASE: dispatch

John Liebeskind represented a major Swiss NGO sued before Chinese courts by a Chinese employee dispatched by FESCO, a large State-owned dispatching agency. Because of its legal status, the NGO could not directly employ workers, but had to hire them from FESCO. The dispute highlighted the challenges posed by this problematic tripartite relationship.

CASE: copycat ; watches

John Liebeskind advised and assisted a Swiss watch group in obtaining proof of high quality triple-A counterfeit watches in China and using the internal complaint channels of B2C Chinese platforms to halt their sale.

CASE: mass layoff

John Liebeskind advised a Swiss company established in China for the downsizing of its workforces. In order to legally circumvent the legal procedure provided by Chinese law for mass layoffs, John advised his client to settle with each worker on the basis of a severance pay package with he individually calculated for each worker.

CASE: e-banking

John Liebeskind advised a large Swiss bank in Singapore about the compliance of offering e-banking access from abroad in China.

CASE: QFII

John Liebeskind advised a large Swiss bank in Hong Kong about the legal framework of the Qualified Foreign Institutional Investor (QFII) scheme in China.

CASE: sport arbitration

John Liebeskind advised the Chinese Gymnastics Association (CGA) 中国体操协会 zhōngguó tǐcāo xiéhuì about a disciplinary measure rendered by the Fédération internationale de gymnastique (FIG ; World Gymnastics) in violation of the latter’s procedural rules and the appeal of the related decision before the Court of Arbitration for Sport (CAS).

CASE: copycat ; transducers

John Liebeskind advised a Geneva company producing transducers in China against an ex-employee who produced copycats and sold them to his ex-employer’s clients. John filed a complaint with the Chinese authorities and halted the counterfeiter.

CASE: arbitration ; deception

John Liebeskind advised Chinese State-owned aeronautical conglomerate about the revocation, by the Chinese party, of a sale contract with a foreign supplier following the discovery that the latter had deceived the former by dissimulating its incapacity to perform, and assisted his client in the ensuing arbitration.