3rd round of negotiations on the Sino-Swiss FTA

The third round of negotiations on upgrading the China-Switzerland Free Trade Agreement was held in Beijing. From November 11 to 14, the third round of negotiations to upgrade the China-Switzerland Free Trade Agreement was held in Beijing. The two sides conducted in-depth consultations on issues including trade in goods, trade in services, investment, rules of …

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 …

China adopts law on customs duties

 Chinese lawmakers on Friday voted to adopt a law on customs duties to promote high-level opening up. The law, which was passed at a session of the Standing Committee of the National People’s Congress, the national legislature, will take effect on Dec. 1, 2024. Source: https://www.chinadaily.com.cn/a/202404/26/WS662b0610a31082fc043c4244.html

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 …

L’arnaque à deux yuans, ou comment un entrepreneur romand échappe de peu à des escrocs chinois

Un patron suisse s’est fait embarquer dans une mise en scène orchestrée par une société chinoise qui s’est avérée être une coquille vide. Il témoigne, alors qu’ils sont nombreux à être tombés dans un piège tendu pour… quelques milliers de francs Source : https://www.letemps.ch/economie/larnaque-deux-yuans-un-entrepreneur-romand-echappe-escrocs-chinois

Letters of Intent in the M&A Context

With the increasing number of mergers and acquisitions during the last two decades, the letter of intent, which precedes most forms of acquisitions of businesses, has become a widespread tool and, indeed, is often considered as a sine qua non condition of any merger or acquisition (M&A). Nevertheless, this institution still enjoys — or suffers …

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.