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The recent publication of the German Banking Supervisory Authority’s Circular 4/97 clears the way for the development of a significant ABS market in the Federal Republic. By Alexander Vogt and Kurt Dittrich of Oppenhoff & Rädler, Frankfurt

Since disposing of its oil interests in Ecuador in 1992, Texaco has faced a spate of lawsuits stemming from damages allegedly caused by decades of oil exploration and extraction activities carried out by a consortium company owned by the state-owned oil company, Petroecuador, and Texaco. In the US, these claims have been pressed in the federal courts through class actions brought in the name of Ecuadorean citizens seeking damages of US$1.5 billion and equitable relief consisting of a court-supervised clean-up of the affected areas in Ecuador. The first such suit, Sequiha v Texaco, started in Texas in August 1993, seeking damages for 500,000 Ecuadoreans, and was dismissed five months later on grounds of comity and forum non conveniens. The second, Aguinda v Texaco, was brought in November 1993 for a class of about 30,000 indigenous citizens. It continued through pre-trial discovery until November 1996, when the New York federal court dismissed the claims on the same grounds. However, the judge also based the dismissal on the failure to join two indispensable parties to the litigation — Petroecuador and the government of Ecuador — deemed necessary for the equitable portion of the case.

The financing of large communication and infrastructure projects suggests the possibility of new forms of indebtedness, and the private placement of securities abroad is one option in project financing. In the past four years Colombian corporations and special purpose vehicles have privately placed securities abroad to finance their projects.

Switzerland generally gets good marks for its efforts to keep its financial markets clean. Together, the Swiss Penal Code, the Guidelines of the Swiss Federal Banking Commission and the Code of Conduct of the Swiss Banks constitute a solid regulatory barrier against the channelling of criminal money into the banking sector. The Financial Action Task Force of the G7 countries not long ago recognized Switzerland's efforts as a substantial contribution to the worldwide struggle against money-laundering.

US firm Shearman & Sterling has poached Holland West from rival Cadwalader, Wickersham & Taft. West, head of derivatives and asset management at Cadwalader, will now lead Shearman & Sterling's global derivatives and structured finance group.

The International Bar Association (IBA) has set up a drafting group to produce a position paper on multi-disciplinary partnerships (MDPs). The group, established by the IBA's standing committee on MDPs, aims to submit the paper to IBA president Desmond Fernando in October. Fernando's comments will then be put before the committee in New Delhi in November. The drafting team will be: Ward Bower of consultants Altman Weil Pensa and chairman of the standing committee; Tony Huydecoper, dean of the Nederlandse Orde van Advocaten (the Dutch bar association); David Andrews of the David Andrews Partnership; and Heinz Loeber, name partner at Germany's Heller Loeber Bahn & Partners.

The London office of New York's Debevoise & Plimpton has won Arthur Marriott from rivals Washington DC-based Wilmer Cutler & Pickering. A leading English advocate, Marriott was one of the first two solicitors made Queen's Counsel in March this year. He takes two assistants with him "Having Marriott will be of great benefit to our clients, for now we will have leading professionals in the international dispute-resolution field on both sides of the Atlantic," says Debevoise's presiding partner Barry Brown. "This move also reflects the firm's overall commitment to our international practice, and to London in particular." International arbitration and litigation issues were formerly handled largely from the firm's New York and Paris offices.

The Court of Appeal upheld, among other things, the freedom of contract in Citicorp Investment Bank (Singapore) v Wee Ah Kee. Under a loan agreement to fund Wee's purchase of shares in CIL, Wee granted Citicorp a charge over CIL shares to secure his indebtedness and a call option to purchase 30% of the CIL shares acquired using the loan.

France’s legal market is now one of the most crowded in Europe. Samantha Wigham went to Paris to find out how French firms are coping with the challenge thrown down by the big six and international competitors

The Republic of Côte d'Ivoire has signed a restructuring agreement with its foreign commercial creditors providing for the repurchase and cancellation of 30% of the country's external commercial debt at a discount. The remaining 70% of the debt will be exchanged for partly secured bonds in dollars and French francs. The agreement covers US$6.8 billion of debt, and is the second of its kind to be completed in Africa.