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  • 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.
  • Regardless of where it takes place, a merger or acquisition that affects a Mexican market may be subject to a notice requirement before it has legal or material effect in Mexico. The Federal Competition Commission (CFC) regulates mergers and acquisitions as concentrations under the 1993 Federal Economic Competition Law and its recently adopted regulations.
  • In June 1998, a completely new version of the Act on Company Law Act No. 144/1997 (1997 CXLIV tv a gazdasági társaságokról) will take effect, replacing the old Act No.6/1988. The changes are partly formal, but also of a substantive nature. The new law contains a longer general part, while the special parts are leaner because the repetitive sections on individual company forms have been moved forward into the general part.
  • By a judgment dated April 6 1998, the Danish prime minister was acquitted of charges of unconstitutional conduct in connection with the signing of the EU Treaty. The plaintiff, a group of Danish citizens, alleged that a provision in the constitution stating that surrender of sovereignty may only take place in certain defined cases had been violated.
  • An Insider Trading Bill is pending before the Cypriot parliament which, when enacted, will constitute a comprehensive legislative code dealing with all aspects of insider trading. The provisions of the Bill are based on the EU Directive on Insider Trading (Dir, 89/592, OJ 1989 No. L334/30) as well as insider trading legislation in the UK. Until the Bill becomes law, insider trading is controlled, albeit unsatisfactorily, by rules derived from general law. The protections against insider trading available under general law may be summarized as follows:
  • 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.
  • On March 11, South Africa further liberalized exchange controls. Most of the changes were effective on announcement.
  • 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.
  • The Electronic Commerce Policy Committee has made recommendations for a national electronic commerce framework, to attract foreign and local companies to base electronic commerce hub activities in Singapore. Among its recommendations is the enactment of a proposed Electronic Transactions Bill, to provide the legal framework to address issues posed by electronic transactions and electronic commerce, such as:
  • 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'.