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As US firms target the international asset-backed securities market, Richard Forster and Stephen Mulrenan examine the firms behind the deals of 1997 and the prospects for securitization in 1998.

Taking of evidence in Switzerland for a trial abroad is governed by three different bodies of law:

Japan’s legal system has a range of alternatives for insolvency proceedings. Bankruptcy is by far the most common. By Naoaki Eguchi and Yoshiaki Muto of Tokyo Aoyama Law Office and Jeremy Pitts of Baker & McKenzie, Toyko

In February, the Singapore government unveiled its budget for 1998. Highlights of the budget for businesses include:

US firm Davis Polk & Wardwell is representing Aetna in its acquisition of New York Life Insurance. New York Life is being advised by Skadden, Arps, Slate, Meagher & Flom, New York. Aetna has agreed to pay an initial US$1 billion in cash for New York Life, with contractual payments of up to US$300 million if earning targets are met. The Davis Polk & Wardwell lawyers who are working on this deal include corporate partners Lewis Kaden, David Caplan and tax partner Po Sit. In New York, Skadden Arps's team includes mergers and acquisitions partners Jeffrey Tindell and Robert Sullivan. Also in New York are partners Michael Weiner (antitrust), Stuart Levi (IP) and Neil Liff (employment). In Chicago, Louis Freeman is handling the tax issues.

US newsprint company Bowater announced on March 9 it is to pay C$3.5 billion (US$2.4 billion) for Canadian forest products company Avenor. The offer comprises C$2.5 billion in shares and C$1 billion in assumed debt, and sees off rival Abitibi-Consolidated, which also bid for Avenor last month. The deal means Bowater will become the world's largest newsprint producer after Abitibi. Bowater's Canadian counsel is Fraser & Beatty, Toronto, and the lead partner is Jamie Plant. US counsel is Cravath, Swaine & Moore, New York, and the lawyers are coordinated by Allen Finkelson. Local advice is provided by Wyche Burgess Freeman & Parham, in Greenville, South Carolina.

The Saudi Yanbu petrochemical company (Yanpet) has made its first drawing from a US$2.2 billion senior debt facility provided by a group of over 30 international and regional banks. The transaction sets new benchmarks for limited recourse bank financings, achieving a low lending margin and flexible borrowing terms. The principal difficulty in accessing project finance is seen to be the complexity and cost of the transaction. Many jurisdictions simply do not have the legal framework to support the level of contractual certainty or the granting of security at the heart of project financing techniques. The Yanpet project overcame these issues and demonstrated that thoughtful structuring and allocation of traditional risks (eg completion, market volatility, supply and operating risks) can lead to effective execution of even the largest transaction.

The Commission proposed a Directive to eliminate withholding taxes on payments of interest and royalties between associated companies in different member states. Taxes levied at source either by deduction or assessment can involve time-consuming formalities, cash-flow losses and double taxation for companies engaged in cross-border business. The Commission therefore proposed that taxes on payments of interest and royalties should be levied only in the member states where the companies receiving the payments are located. Commissioner Monti says this would remove a 'significant tax handicap' to companies' cross-border operations.

The Supreme Court has confirmed a decision passed by an Appellate Commercial Court in June 1995 In re NL SA v Bull Argentina SA, challenging the validity of agreements entered into among shareholders of Argentine corporations.

In February 1998 amendments to acts regarding the financial sector were proposed. They included the following: