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Brazil has won international support for its reform programme. A $41.5 billion loan is being made available over three years; $37 billion to be used, if necessary, in the first 12 months. Of the total amount, $18 billion is being secured by the IMF, $4.5 billion by the World Bank, $4.5 billion by the Inter-American Development Bank and $14.5 billion by a pool of 20 countries, including a contribution of $5 billion from the US. In return, Brazil is committed to attaining budget surpluses, before interest, of 2.6% of GDP in 1999, 2.8% in 2000 and 3% in 2001. The government aims to achieve this by implementing a programme described in a memorandum, which makes clear that the present exchange rate policy will remain unchanged to secure a low inflation rate. Brazilian domestic interest rates will be kept at about 20% in 1999. About $9 billion should be disbursed when the IMF approves the memorandum in a couple of weeks. Another instalment of about $9 billion would be available in February 1999 if the IMF is satisfied with the implementation of the programme. The programme includes:

Under what circumstances may a US plaintiff obtain jurisdiction over a foreign corporation merely because the foreign corporation has a subsidiary incorporated and doing business in the US? This question was recently before the US Court of Appeals for the Second Circuit in Jazini v Nissan Motor Company (2nd Cir. 1998).

Barbara Galli talks to Olivér Glatz, General Counsel of the National Bank of Hungary

The new Channel Islands Stock Exchange (CISX) has started operations. The exchange already has 23 members — most are Guernsey or Jersey-based company subsidiaries, including Kleinwort Benson (Guernsey), Deutche Morgan Grenfell (CI) and Midland Bank Fund Managers (Guernsey). The CISX admitted its first listing on October 27. Tamara Menteshvili, chief executive for the CISX, says: "There is strong interest in the exchange not only locally but internationally, from places like Hong Kong, Australia, New York and a variety of European jurisdictions." The exchange has taken 18 months to create, in a joint effort by both islands' financial services commissions.

On October 28, the Commission adopted a communication entitled "Financial Services: Building a Framework for Action". The aim of the communication is to give the EU financial markets the possibility to support competition and resist financial instability. The strategy put forward to achieve this aim is to establish a capital market that meets the needs of issuers and investors, abolishing the barriers to cross-border provision of financial services such as mortgage loans, insurance and retirement services, with the view to offering the consumer a larger choice, and to guarantee higher levels of protection. The EU's financial services sector already accounts for some 6% of the EU's GNP, and it offers essential financial products to both industry, notably investment capital, and individual consumers, such as mortgages, pensions and insurance. It also accounts for 2.45% of EU employment and there is considerable potential for job creation in the sector. The communication highlights four areas of the sector in which action is required:

UK firm Herbert Smith has opened an office in Bangkok. The office will practise both UK and local law and will enable the firm to consolidate its position in Asia. Heading the office is Henry Usckinski, formerly head of international arbitration at Coudert Brothers in Hong Kong. He will be assisted by Jonathan Pyne, a senior associate in corporate finance and former co-head of investment banking at Thai securities firm Krungthai Thanakit. The firm wants to include Thai expertise in its office and will recruit six to eight lawyers including Thai nationals.

In 1991, the House of Lords held that entering into interest rate swaps was outside the statutory powers of local authorities (Hazell v Hammersmith & Fulham). When banks claimed for restitution of sums paid to local authorities under void swaps, their claims were hindered by the 200 year old principle of law that money paid under a mistake of law is not recoverable. In Kleinwort Benson v Lincoln City Council, the House of Lords has now ruled that payments made under a mistake of law are recoverable. The law lords, by a 3-2 majority, held that:

The Portuguese Capital Markets Commission has enacted a regulation determining the terms and conditions for the direct listing of foreign securities on the Portuguese Stock Exchange.

US firms Skadden, Arps, Slate, Meagher & Flom, Cravath, Swaine & Moore, and Baker & Botts advised on international energy company Conoco's initial public offering, valued at about $4.2 billion. The offering consisted of Class A common stock of Conoco. 191,456,427 shares were offered at $23 a share. 172,456,427 of the shares were offered initially in the US and Canada. The Houston office of Baker & Botts and the New York office of Skadden, Arps, Slate, Meagher & Flom advised Conoco. The Baker & Botts team was led by corporate partners Walter Smith, Michael Watson, David Kirkland Jr, and partners James Raborn (employee benefits) and William Griffith (tax).

Enron has recently failed in both Brazil and Argentina to find bank finance. A panel of lawyers, banks and sponsors discuss how to reach financial close on regional projects