FARLEGAL Celebrates its First Year: Highlights
September 21, 2023
FARLEGAL Turns 1!
A year ago, I launched my law firm with a dream, a vision, and not a single client. A year on, I have a fulfilling litigation practice.
The celebration of this milestone provides an opportunity to reflect upon the firm's journey. As I look back, I feel a deep sense of gratitude to my clients for the trust they have placed in me, as well as to mentors, old colleagues, and friends for their support. With continued commitment and dedication at the heart of the firm's growth, here are the highlights of Year 1 of FARLEGAL.
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Key cases have included:
- Representing several claimants in a civil case in Geneva brought against multiple defendants, which include a major news media corporation and a high-profile personality. The case arises from the violation of my clients' right to honor in connection with serious criminal allegations made on an episode of a popular podcast broadcast on social media and a multitude of platforms online, including YouTube, Amazon, and Spotify. I obtained urgent interim measures ordering the immediate removal of the episode, which were confirmed in a subsequent court decision.
In relation to the same set of facts, I filed criminal complaints on behalf of my clients, which led the prosecutor's office to formally open a criminal investigation for defamation and slander.
- Representing a Chicago-based U.S. company in a contractual and art law dispute with a Swiss company arising out of an international auction.
- Representing a female employee in a civil case deriving from a wrongful dismissal lawsuit against one of Switzerland's largest banks. I negotiated an in-court resolution in favor of my client, which put an end to a multiyear litigation.
- Representing a young female entrepreneur in a commercial tenancy termination dispute against an established Geneva landlord.
- Representing an architect in a construction dispute in Geneva arising out of a works and services contract.
- Defending an individual against a criminal investigation led by the Geneva prosecutor's office following false criminal allegations of assault and battery made by a plaintiff. I secured the dismissal of all the criminal charges contained in the plaintiff's criminal complaint against my client.
- Defending a Geneva father who lost custody of his child following false criminal allegations of domestic violence made by the child's mother.
- Representing London-based clients with the enforcement in Switzerland of a Share Purchase Agreement entered into with a Swiss music fintech company and governed by English law.
- Advising an executive employee of a UK-registered multinational corporation in relation to a cross-border employment dispute governed by English law.
Collaborative matters:
- Assisting one of the world's largest non-profit organizations with its internal safeguarding and whistleblowing policies, where I was specifically in charge of drafting the organization's internal whistleblower protection regulation in line with EU whistleblowing laws.
- Working on an ecocide case in close collaboration with fellow international attorneys. At the crossroads of transnational money laundering and corporate criminal liability, the case relates to serious environmental crimes involving a complex supply chain of actors, including large corporations, across multiple continents and jurisdictions.
- Assisting an international human rights organization in its implementation in Switzerland, as part of a pro bono matter led by a top-tier U.S. law firm.
New roles:
- Joined a Minneapolis-based non-profit organization as a Legal Consultant in the fields of human trafficking and human rights.
- Appointed as Legal Advisor to the Board of a Nobel Peace Prize organization that fights for democracy and justice in one of the world's most repressive and totalitarian regimes.
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Thank you for following FARLEGAL's journey. I look forward to seeing what Year 2 has in store.
Global Arbitration Review (GAR) recently reported on two decisions by the Swiss Federal Supreme Court concerning a US$211 billion investment treaty claim against the Commonwealth of Australia . Shayan Farhad acted as legal counsel to the claimant, Singapore-registered holding company Zeph Investments Pte. Ltd. , in the Swiss set-aside and revision proceedings. The Scale of the Dispute Unprecedented Claims: The underlying UNCITRAL arbitration involved a claim valued at US$211 billion (A$300 billion) brought under the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) regarding the Balmoral South iron ore project in Western Australia. Interrelated Multi-Billion Dollar Arbitrations: The challenge forms part of a broader series of four treaty claims seeking over US$290 billion in total damages relating to major energy and mining developments. Prominent Arbitral Tribunal: The underlying Geneva-seated award was issued by a tribunal chaired by Swiss arbitrator Gabrielle Kaufmann-Kohler, together with William Kirtley and Donald McRae. Key Issues Before the Swiss Supreme Court Representing Zeph Investments before Switzerland's highest judicial authority, Shayan Farhad advanced arguments addressing complex questions of public international law and Swiss arbitration civil procedure: Interpretation of Investment Treaties: The Court reviewed the tribunal's interpretation of "covered investment" and "contribution" requirements under the AANZFTA, specifically regarding share swaps, corporate restructurings, and management actions. Procedural Safeguards & Review: The applications raised critical questions concerning arbitrator time commitment, independence and impartiality standards, and procedural rights under Swiss arbitration law. While the Swiss Federal Supreme Court ultimately dismissed the set-aside and revision applications and upheld the jurisdictional award, the litigation represents one of the largest and most complex investment treaty disputes ever brought before the Swiss courts. Demonstrating High-Stakes Cross-Border Expertise Handling challenges of this magnitude before the highest judicial authority in Switzerland highlights Shayan Farhad and FARLEGAL's core mission: providing boutique, high-caliber legal representation in complex, ultra-high-stakes international disputes. The full articles can be accessed on the Global Arbitration Review (GAR) platform: Mining magnate fails to revive mega-claim against Australia More light on mining investor’s failure to revive mega-claim - Global Arbitration Review
À l'occasion de la condamnation par défaut de Tariq Ramadan par la justice française, Le Matin Dimanche a sollicité Me Shayan Farhad en qualité d'experte en entraide internationale en matière pénale pour analyser les instruments juridiques applicables.