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Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.

Many insurance policies contain clauses that require disputes to be resolved by arbitration, rather than through the courts

Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.

Beijing’s latest attempt at propping up the country’s plummeting stock markets lasted just seven days. Here's how it played out

Akin Gump’s Christopher Leonard and Chris Poon outline why European legislators’ desire for reform has outpaced their ability to implement rules

The Basel Committee's framework has led to further liquidity fears among lawyers in the US

Here are the highlights from last week's IFLR Indian Capital Markets forum in Mumbai

Higher demand and fewer deals will dictate deal trends across the region this year

What are the biggest risks for banks and corporates taking advantage of the January 16 lifting of sanctions? Vote now

The country's changes coincide with Hong Kong’s tightening of IPO rules. But they are unlikely to lead to more listings in the PRC