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A New York Court of Appeals case in May suggested that the US may introduce a system like the UK Mareva injunction to protect assets in insolvency. By Ronald L Cohen of Seward & Kissel, New York

When a railroad tank car explosion forced 1,000 residents of the New Orleans neighbourhood of Gentilly to evacuate their homes for 36 hours in 1987, the incident attracted little attention outside Louisiana. After all, there were no deaths and the residents did not suffer any serious damage or injuries. But 10 years later, after a New Orleans jury awarded US$3.4 billion in punitive damages against five companies found to be at fault, the case, In re New Orleans Train Car Leakage Fire Litigation, No. 97-CC-2547, suddenly captured the eye of the legal community and national media, earning itself the nickname 'The Great New Orleans Train Robbery'.

Hong Kong market regulators have acted to promote Hong Kong as an international financial centre while protecting the interests of local retail investors. By Richard A Drucker and Timothy A Steinert of Davis Polk & Wardwell, Hong Kong*

The Czech government is beginning the slow process of rebuilding investor confidence. Further banking and funds reforms are planned. By Madle Waldvogel of Beiten Burkhardt Mittl & Wegener, Prague

The law of the country where a bank account is kept will usually govern the banker-customer contract. However, the law of another country may affect the account.

On April 1 1998, the Third Financial Market Enhancement Act (Drittes Finanzmarktförderungsgesetz) entered into force amending various German statutes and covering stock exchange and securities trading law, investment fund law as well as the laws on venture capital companies, mortgage banks and public banks. The most important changes relate to the Stock Exchange Act (Börsengesetz), the Securities Trading Act (Wertpapierhandelsgesetz) and the Investment Companies Act (Kapitalanlagegesellschaftengesetz). In the area of stock exchange and securities trading law, the amendments include the following:

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.

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.

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.