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  • A panel of lawyers in Japan has proposed changes to corporate bankruptcy law to better protect secured creditors. The proposals aim to prevent income streams that should be used to repay investors in a securitization from being distributed to unsecured creditors.
  • Chadbourne & Parke is advising General Electric Capital on its purchase of a stake in 20 of Cogentrix's 28 power plants for $273 million. The deal is part of Aquila's purchase of privately-held power producer Cogentrix Energy. The transaction includes a purchase price of $415 million for 100% of the common stock of Cogentrix, as well as the assumption of $355 million of debt and approximately $770 million of non-recourse project-level debt.
  • The Australian treasurer may prohibit a foreign investment or order the investor to divest other interests if the deal is considered contrary to the national interest. The treasurer's powers and the notification and review procedures for proposed acquisitions of Australian land or businesses (subject to certain thresholds) are set out in the Foreign Acquisitions and Takeovers Act 1975 (the Act).
  • Philip Gilligan of Lovells Hong Kong and Joe Bannister in London compare the challenges of recovering assets in China with the approach taken by the English courts
  • Frederic Rich of Sullivan & Cromwell in New York considers the key issues facing the project finance market over the coming years
  • Twenty years ago IFLR ran a story on the Argentine crisis. Now another rumbles on. Stephen Hoare speaks to some of the financial markets’ leading personalities about the people, deals and regulations that have shaped our world in between
  • The European Commission has agreed a formula on state aid for Landesbanks that should protect investors from a bank default. But the rules leave them at the mercy of guarantors. Robin Griffith and Michail Papadakis of Clifford Chance report
  • Dan Cunningham of Allen & Overy, New York, and Thomas Werlen, in London, call for innovation to drive the derivatives market forward
  • Electronic money has entered Austrian law. The e-money Act regulating the issuance of e-money became effective as of April 2 2002. It is largely based on the EC Electronic Money Directive of September 2000.
  • An uncertainty about the enforceability of arbitration clauses in state contracts was finally settled with the publication on April 29 2002 of the new Arbitration Act, BE 2545 (2002). The effective date of this Act was April 30 2002.