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  • Under Swiss law, domestic investment funds, including hedge funds, are to be organized either as investment companies or multiple investors' contracts. Multiple investors' contracts will be governed by the Swiss Law on Investment Funds, while investment companies are subject to the Swiss Company Law, which is part of the Swiss Code of Obligations. If investment companies are listed on the Swiss Stock Exchange, they will also be subject to the listing rules of the stock exchange.
  • 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.
  • On September 11 1997, the Supreme Court of Justice (Oberster Gerichtshof) ruled on basic issues of liability extending to statements or omissions made in issuing prospectuses under general rules of Austrian contract and tort law (6 Ob 2100/96h). Because the transaction in question had taken place in 1978, the Capital Markets Act of 1991 (Kapitalmarktgesetz) and the Stock Exchange Act of 1989 (Börsegesetz), which provide for specific rules regarding liability for material misrepresentations or omissions in prospectuses, were not applicable. The 1989 and 1991 acts do not provide a complete set of liability rules and are supplemented by the liability rules of the Austrian Civil Code. The decision will also have a significant impact on future prospectus liability cases falling outside the scope of the acts, ie where prospectuses are not issued in the course of a public offer.
  • The Ministry of Finance issued a Decision on listing particulars on March 19 1998. The Decision concerns listing particulars to be published when an application for listing securities has been filed with the stock exchange or when securities subject to listing application are offered to the public. Shares, bonds, convertibles, warrants and depository receipts entitling to shares are subject to listing particulars requirements governed by the Decision.
  • 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:
  • 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.
  • 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:
  • 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 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'.