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  • If credit derivatives are found to be contracts of insurance, in many jurisdictions they will face strict regulation. David Benton, Patrick Devine and Philip Jarvis of Allen & Overy, London, explain how this interpretation can be avoided
  • The briefing entitled 'Full disclosure rules issued' in the September 1997 issue of International Financial Law Review misstated the definition of public companies in the new Full Disclosure Rules. The following is the correct definition.
  • Although the Cyprus Stock Exchange (CSE) has reported a surplus of C£650,000 (US$1.24 million) for the year 1996, there has been an alarming drop in share prices and the volume of trade. Interested parties have thus realized the urgent need for immediate measures to help the CSE become a strong capital market.
  • Decree 2,338 of October 7 1997, published in the official gazette on October 8 1997, implements Law 9,472 of July 16 1997, which created a regulatory agency for the telecoms sector, the National Agency of Telecommunications (ANATEL) and paved the way for the privatization of the operating subsidiaries of the state-owned utility Telebrás.
  • Lawyers have again enjoyed the benefits of a successful world economy. Capital markets deals and international investment are at record levels, and lawyers are taking their share. But clients are increasingly demanding they justify their charges. By Adrian Preston
  • Sixth ECLA conference: in-house counsel steps up campaign on privilege
  • US firm Baker & McKenzie has worked on more project finance deals this year than any other firm. The figures, published in Privatisation International, include infrastructure deals for 1996 and 1997. The value of projects reported this year rose to US$1.6 trillion.
  • Three years after the Uruguay round of Gatt, the Czech Republic, a party to Gatt and a member of the WTO, has adopted national legislation in line with the agreement on the implementation of Article 6 of Gatt signed in Marrakesh on April 15 1994.
  • The Insolvency Law Reform Act 1997 (effective as of October 1 1997) introduces a new procedure, designed to facilitate the rescue of financially troubled companies. The reorganization procedure (Unternehmensreorganisation) can be initiated by any business entity (with the exception of banks, pension funds and insurance and securities companies) which are in need of reorganization but which are not yet insolvent.
  • The extent to which foreign debtors and foreign creditors are subject to the US Bankruptcy Code is one of the grey areas in this field of law. A recent case decided by a US bankruptcy court in Houston, Texas, In re Jacobo Xacur (96-48538), sheds some light on this troublesome area.