Top ten issues and developments in-house counsel should consider when reviewing their potential Foreign Corrupt Practices Act ("FCPA") liability.
In the first part of this QuickCounsel, we examined how the feedstock of industrial projects should be procured so as to enhance bankability. In this second part, we now look for bankability in the negotiation of the contract for the project's Engineering, Procurement and Construction (EPC).
Worldwide Freezing Orders (WFOs), also known as Mareva injunctions, have been described as “nuclear weapons” of the law. Often granted at the pre-trial stage in ex parte hearings, a WFO is a protective measure preventing a defendant, by way of an interim injunction, from disposing of their assets pending the resolution of the underlying substantive proceedings. While granted only in certain common law jurisdictions, such orders can take effect worldwide. However, their enforcement can prove problematic in other jurisdictions that may not provide for corresponding measures. This article reviews and comments on several decisions rendered by the cantonal courts and the Swiss Federal Supreme Court in relation to the enforcement of the WFO.