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  • • Nine partners have left London's Frere Cholmeley Bischoff following last month's merger with UK firm Eversheds. They include three Paris-based partners who will move to other firms in the city: Ann Creelman Abboud is to join US firm Watson Farley & Williams's Paris office as partner in charge of its corporate practice and will take two avocats with her; commercial and litigation specialist Jean-Philippe Berthet will move to US firm Proskauer Rose Goetz & Mendelsohn and Richard Mees, a corporate and litigation specialist, will move to French firm Salans Hertzfeld & Heilbronn. Other moves include telecoms partner Neil Blundell going to UK firm Bird & Bird and Kirstene Baillie, a financial services specialist, moving to UK firm Field Fisher Waterhouse. Eleven other partners and 44 assistants have also left to set up a new firm, to be called Forsters (see Insides). • David Shaw, a senior corporate partner with UK firm Norton Rose, is to retire from the firm to join HSBC Holdings as adviser to the board. Shaw will chair the Investment Banking Audit Committee within the HSBC Group Executive Committee, advising on strategies and structural issues. He will take up his appointment on June 1.
  • Daimler-Benz and Chrysler have announced on May 7 the largest industrial merger ever. The deal values Chrysler at US$39 billion. The new group, known as Daimler-Chrysler, is estimated to be worth US$92 billion and will be the world's fifth-largest vehicle maker.
  • One year after its enactment, Decree-Law 70/97 of April 3 (Netting Law) has fulfilled many of its expectations. A formidable increase in derivative documentation efforts clearly shows the renewed interest of derivatives transaction agents dealing with Portuguese residents to make use of the advantages arising from Portugal's entry in the netting jurisdictions' league.
  • Imperial Tobacco Group is buying Douwe Egberts Van Nelle Tobacco from Sara Lee/Douwe Egberts for £652 million. The acquisition is subject to Works Council consent in the Netherlands, regulatory clearance in a number of jurisdictions and the consent of Imperial Tobacco Group's shareholders. Ashurst Morris Crisp is acting for Imperial Tobacco Group, with a team led by corporate partners David Macfarlane and Jeremy Parr. The team includes partners Roger Finbow (competition), Ian Johnson (tax ), and Richard Kendall (finance). Nauta Dutilh's partner Joan van Marwijk Kooy is also advising Imperial Tobacco in the Netherlands. Schroders are acting as the financial advisers to the Group.
  • On March 1 1998, the amendments to the 1989 EU Merger Regulation entered into force. For the details of the new regime see International Financial Law Review, June 1997, page 53.
  • Arbitration has become an increasingly important method of dispute resolution. Before the resumption of sovereignty by China on July 1 1997, Hong Kong and China were separate parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. Chinese artibral awards were convention awards, enforceable in Hong Kong under section 42(1) of the Arbitration Ordinance. However, since July 1 1997, when Hong Kong and China ceased to be separate parties to the New York Convention, section 42(1) has no longer applied to Chinese awards. Questions then arose as to how Chinese arbitral awards can be enforced in Hong Kong.
  • The Business Bankruptcy Reform Act, S.1914, was introduced into the US Senate on April 2 1998. S.1914 proposes to amend the Bankruptcy Code to make it clear that assets transferred in a securitization are not property of the estate in a bankruptcy filed by the transferor. If passed, this amendment may well remove the legal uncertainties as to whether the bankruptcy trustee may reach financial assets previously transferred to a special purpose entity that has issued debt or equity backed by those assets. Other sections of S.1914 would amend the Bankruptcy Code to broaden the category of transactions that qualify as swaps or repurchase agreements and for the first time permit cross-netting pursuant to master agreements of amounts due and owing under forwards, swaps, repurchase agreements, commodities and securities contracts.
  • UAE
    Holders of a joint bank account in the UAE typically instruct the bank to allow 'either or survivor' to operate the account. The purpose of this mandate is to allow the surviving account-holders to continue to operate the account following the death of one of the other account-holders.
  • On March 11, South Africa further liberalized exchange controls. Most of the changes were effective on announcement.
  • The New Zealand government recently announced a package of 'in principle' reforms to the electricity industry, which have as their primary objective obtaining 'a better deal for electricity consumers'.