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  • Mezzanine debt, until recently a feature only of US project financings, is spreading to projects in other markets. The Asian crisis has increased interest in alternative funding sources. By Alistair MacRae of Norton Rose, Singapore
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  • A pool of French, English and American firms worked for the success of the IPO of GEC Alsthom, the joint venture between GEC and Alcatel Alsthom, now renamed Alstom. The offering, totalling US$3.7 billion, comprised shares, depositary receipts and ADRs, with a primary listing in Paris and secondary listings in London and NewYork. Goldman Sachs and Credit Suisse First Boston acted as joint global coordinators.
  • New legislation in Australia removes doubts as to the enforceability of netting in insolvency. It should boost local financial institutions. By John Stumbles and Edward Kerr of Mallesons Stephen Jaques, Sydney
  • The latest WTO negotiations have brought financial services under international discipline for the first time, adding an essential missing piece to GATS. By Peter Morrison* of Clifford Chance, London
  • Van Anken Knüppe Damstra, the Rotterdam-based firm with a strategic alliance with big five firm Deloitte & Touche, is to merge with Eindhoven-based Prinsen van der Putt. The merger will take place on January 1 1999. The move is a further step in the ambitious plans for legal services of the Dutch practice of Deloitte Touche Tohmatsu. "Within two years we expect to be one of the four biggest legal practices in the Netherlands," says a spokesperson for Deloitte & Touche. There are negotiations with other law firms under way, and the spokesperson says: "We expect further announcements in the next few months".
  • With the increased use of subordinated debt in projects, lawyers are faced with novel negotiating situations. This article considers the problem areas. By Peter Avery of Clifford Chance, Tokyo
  • The Supreme Court of Mexico is reviewing a controversy, Contradiccion de tesis 2/98 y 11/98, that challenges the enforceability of arrangements under which Mexican banks have imposed charges for interest on unpaid interest. The resolution of this matter will affect the many legal disputes which arose in 1995 after the Mexican peso devaluation and the ensuing spike in interest rates (up to 100%) and could have serious financial consequences for an already troubled banking sector.
  • A recent revision of the Swiss Law on Telecommunications (telecoms law) has brought a change of certain provisions of the Swiss Criminal Code. The impact on banks and trade businesses tape recording conversations with their business partners is considerable. The recording of telephone conversations is subject to provisions of civil and public law. The Swiss Civil Code and the Swiss Code of Obligations provide general rules on the protection of personal rights.
  • The International Securities Market Association (ISMA) has complained to the EU Banking Federation over its proposal for a European master agreement for repo transactions. ISMA has sponsored its own master agreement the Global Master Repurchase Agreement (GMRA) since 1992 supported by legal opinions from counsel in 30 countries in order to establish a global standard. It argues that an EU agreement is unnecessary and likely to create confusion in the repo market. Thomas Hunzinker, general counsel to ISMA in Zurich, says the draft proposal goes beyond standardizing the different agreements used for domestic transactions in the EU. "We would not be concerned with the attempt by the Federation to standardize national agreements and bring them more into line with European standards but we are concerned if what they are trying to do is to undermine or replace the GMRA," says Hunzinker. "It very clearly refers to a standard document that could be used for cross-border transactions within the EU and that raised a few eyebrows." Hunzinker has tried to clarify the scope of the proposal with representatives of the Banking Federation but has received no reply from the secretary general in Brussels nor from the domestic banking federations which are constituent members. Secretary general of the Federation Nicolaus Bömcke refused to return calls.