Corporate Governance Awards 2010

Scandals of recent years, notably Enron, have created a more constrained corporate environment. Increasing public and stakeholder concern about the social and environmental impacts of business practices is forcing companies to come to terms with a much broader set of interests and expectations.

World Finance has selected the corporations who despite the difficult monetary climate have continued to achieve excellent levels of good governance; opting out of minimal disclosure and instead serving the best interests of their investors. Congratulations to the winners.

Best Corporate Governance in Austria
Telekom Austria

Best Corporate Governance in Bahrain
Mumtalakat Investments

Best Corporate Governance in Belgium
Solvay SA

Best Corporate Governance in Brazil
TOTVS S.A.

Best Corporate Governance in Canada
Nexen Incorporated

Best Corporate Governance in Colombia
ISA Colombia

Best Corporate Governance in Denmark
Danske Bank

Best Corporate Governance in Egypt
Mobinil

Best Corporate Governance in Estonia
AS Tallink Grupp

Best Corporate Governance in Finland
Rautaruukki Oyj

Best Corporate Governance in France
Credit Agricole

Best Corporate Governance in Germany
Bayer

Best Corporate Governance in Greece
OTE S.A.

Best Corporate Governance in Hungary
Magyar Telekom

Best Corporate Governance in India
Kotak Mahindra Bank

Best Corporate Governance in Italy
Atlantia S.p.A.

Best Corporate Governance in Mexico
Walmart de Mexico

Best Corporate Governance in Netherlands
Royal Phillips Electronics

Best Corporate Governance in Norway
Norsk Hydro

Best Corporate Governance in Portugal
Jeronimo Martins SGPS S.A

Best Corporate Governance in Qatar
Qtel

Best Corporate Governance in Russia
Rosneft Oil Company JSC

Best Corporate Governance in South Africa
Sappi Limited

Best Corporate Governance in Spain
Acciona SA

Best Corporate Governance in Sweden
Electrolux AB

Best Corporate Governance in Switzerland
Roche Pharmaceuticals

Best Corporate Governance in Thailand
Siam Cement Group

Best Corporate Governance in Turkey
Turkcell

Best Corporate Governance in UAE
Abu Dhabi Commercial Bank

Best Corporate Governance in UK
Vodafone PLC

Best Corporate Governance in USA
FedEx Corporation

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Bankers of the Year 2009

Banker of the Year, by Country:

Bahrain
Mr Abdulkarim Ahmed Bucheery, BBK

Dubai
Abdulla Al Hamli, Dubai Islamic Bank

Egypt
Hassan Abdalla, Arab African International Bank

India
O.P. Bhatt, State Bank of India

Jordan
Mr Musa Shihadeh, Jordan Islamic Bank

Kuwait
Mohammed Abdul Rahman Al Bahar, NBK

Lebanon
Mr Salim Sfeir, Bank of Beirut s.a.l

Oman
Omar Hussain Al Fardan, National Bank of Oman

Saudi Arabia
Abdulkareem Abu Alnasr, NCB

Turkey
Mr Ergun Özen, Garanti Bank

WEF: Swiss precision

The World Economic Forum returns to Davos-Klosters, Switzerland, between January 27-31. Since its inception in 1971, the forum has met annually in Switzerland with the aim of presenting international political leaders, select intellectuals and journalists the opportunity of discussing the most pressing issues facing the world, including global health issues and the environment.

It is the forum’s key belief that improving the state of the world requires catalysing global co-operation to address pressing challenges and future risks. In turn, global co-operation requires stakeholders from business, government, the media, science, religion, the arts and civil society to collaborate as a community. To this end, for the last four decades the World Economic Forum Annual Meeting has convened at the start of the year with the aim of engaging world leaders from all walks of life to shape the global agenda.

Climate change

A World Economic Forum task force has presented world leaders gathered in New York with proposals to accelerate private sector investment and innovation in the fight against climate change. Eighty business leaders and over 40 environmental and scientific experts outlined a plan for stimulating a ‘clean revolution’ in the private sector within the next few years even as governments continue negotiations on a climate policy framework in the UN.

Food and agriculture

In the past year, food security and economic crises have highlighted both the urgent need and the potential for developing sustainable agri-food systems. Over one billion people, or one out of six globally, do not have access to adequate food and nutrition today. By 2050, the global population will grow to a projected 9.2 billion people, and demand for agricultural products is expected to double.

The World Economic Forum’s Consumer Industries Community is championing an initiative through multi-stakeholder engagement in developing a shared agenda for action to meet food security, economic development and environmental sustainability goals through agriculture. The new vision for agriculture initiative engages high-level leaders of industry, government and international institutions and civil society – with support from leading experts – to define joint priorities, recommendations and opportunities for collaboration.

Global health

The Global Health Initiative (GHI) was launched in 2002 by the World Economic Forum and its partners, to improve global health through three key activities: advocacy, dialogue and partnerships. Its focus has been on Africa, India and China and on communicable diseases (HIV/AIDS, TB and malaria) as well as on strengthening health systems.

Education

The primary objective of the GEI is to raise awareness and support the implementation of relevant, sustainable and scalable national education sector plans on a global level through the increased engagement of the private sector. Through its unprecedented partnerships with UNESCO and Education for all fast track initiative, and the continuous commitment and support of the partners and members of the World Economic Forum, the GEI aims to scale education partnerships globally.

In its six years of existence, the GEI has impacted over 1.8 million students and teachers and mobilised over $100m in resource support in Jordan, India, Egypt, the Palestinian territories and Rwanda.

During the past year, the initiative continued supporting the country level work in Rajasthan, and Egypt, restarted the multi-stakeholder collaboration efforts in the Palestinian territories and launched the Global Education Alliance model with a pilot in Rwanda.

Humanitarian relief

The frequency and impact of natural disasters and conflict are increasing worldwide, causing losses of over $200bn and over 180,000 deaths in 2005 alone. The result is the need for an unprecedented level of humanitarian relief. While the private sector has been increasingly generous, corporate response to humanitarian emergencies generally has been reactive, limiting its overall effectiveness and efficiency.

The Humanitarian Relief Initiative aims to increase the global impact of private sector engagement in humanitarian relief. The HRI develops public-private partnerships that match the core competencies of the private sector with the priority needs of the global humanitarian community in advance of humanitarian crises.

Convention project

The wave of financial crises in the last decade has generated a consensus that the international financial system needs to be reformed. But there remain profound disagreements among policy makers and the private sector concerning how far and deep the reforms should go.

To capitalise on this opportunity for progress, the WEF and the Reinventing Bretton Woods Committee, in co-operation with selected finance ministries and central banks of G20 countries, are organising a two year series of public-private roundtables on the future of the international monetary system. This project seeks to provide input into the deliberations of policy makers by convening them for off-the-record sessions with some of the world’s leading private sector and academic authorities.

2010 objectives

The Annual Meeting 2009 theme was “Shaping the post-crisis world”. The intent was to absorb the early lessons from the financial crisis and to understand how risks interconnect, to encourage longer-term thinking and to consider the unintended consequences of various calls for action. The learning and transformation will continue into next year along with increasing expectations for positive change.

In response to today’s global priorities, the theme for 2010 is a call to action, namely: Improve the state of the world: Rethink, Redesign and Rebuild. Driving the rethink at the 40th annual meeting will be the Network of Global Agenda Councils, comprised of over 1,000 experts active in over 70 councils, created to advance solutions to the most critical challenges facing the world today.

The impetus behind the Rethink, Redesign and Rebuild agenda is clear. The global credit crisis and ensuing recession, having raised serious questions about the future of the global economy, have at the same time provided insights into economic interdependencies, governance gaps and systemic risks that go hand in hand with globalisation. These revelations in turn compel the forum to rethink business models, financial innovation and risk management.

Rethinking also triggers attempts at redesign. National legislatures, supervisory authorities and international organisations are now redesigning institutions, policies and regulations with the aim of closing governance gaps, preventing systemic failures and restoring growth. However, these efforts need common vision, collaborative innovation and public-private partnerships for their long-term success. The success drivers are themselves predicated on the individuals and institutions empowered to take action having the trust of stakeholder communities.

Decision makers, therefore, must rebuild trust, not only to establish the legitimacy of their redesign but also to instil confidence in their future success. Rethink, Redesign and Rebuild are invariably complex, as values, norms and incentives change and, in turn, reshape stakeholder communities, social networks, governance structures and industry models worldwide.

In addition the pressure to Rethink, Redesign and Rebuild is increasing in line with the increasing concern over the current state of the world. The fiscal and monetary prescriptions to ease the pain of global economic shocks are now fuelling anxieties about the creation of new economic bubbles.

Furthermore, the demographic, behavioural and technological changes linked to the collapse in global demand are challenging basic assumptions about the nascent recovery. Major industries are still contending with cyclical and structural threats to their business models. In addition to all this, weaknesses of governance systems, exposed by the financial crisis, are mostly unchanged with respect to looming global risks such as climate change, nuclear proliferation and pandemic.

Redesign discussions at the forum will aim to leverage the ongoing work of the Forum’s Global Redesign Initiative, a multi-stakeholder dialogue focusing on adapting structures and systems of international cooperation to the challenges of the 21st century.

Angel Martin: Restructuring is key to the current climate

In the current economic climate many Spanish businesses are turning to restructuring specialists to help them navigate efficiently through difficult times. When it comes to choosing a restructuring advisor, Spanish companies and banks are increasingly seeking a name they trust and a proven track record.

KPMG’s Spanish Restructuring team comprises experts from a range of backgrounds including finance, banking, strategy and engineering. The head of the practice, Angel Martin, began his career at KPMG (Madrid and New York), before leaving to work in house for a quoted corporate business in the north of Spain, returning to the flock to launch the newly-founded practice in 2000, after training in the London Restructuring practice of KPMG.

“When KPMG first launched the Restructuring practice in Spain, times were good and few companies or banks needed the support of Restructuring specialists. Therefore the bulk of our work was with private equity firms, which often needed advice on managing their portfolios, and corporates.”

“Based on the strong reputation of our UK Restructuring practice in advising lenders and our integrated UK and Spanish teams, another core business area for us was working with UK banks in their Spanish loan portfolios, where we gained a strong reputation having the possibility of approaching Spanish financial institutions (banks and saving banks) which recognised the benefit of our advice for restructuring their biggest stress and distress loans. Roll on a few years and when the credit crunch bit, more companies and financial institutions in our home market turned to us for advice.”

KPMG’s Restructuring practice offers advice on both financial strategy and operational strategy for stress and distress businesses, each of which can be sub-divided into two distinct areas, finance and operationals:

Turnaround planning and implementation: In this field KPMG works with management teams in order to help create decisive strategic and operational plans to turn around stress and distress businesses. Here, the practice deploys small, experienced teams to work with all levels of management to understand the potential causes of underperformance and help develop a turnaround strategy.

The aim is to provide a clear understanding of the needs of stakeholders and to provide solutions on how to address differing agendas. Furthermore, within this practice, the team focuses on the development of operational plans to help support the delivery of the strategic plan, and also looks at the potential financial and strategic impact of corporate actions.

Martin says, “As a team we always give the best advice for the company, and that doesn’t always equate to what the management team want to hear. Our principal concern is for the health of the business.”

Corporate financial restructuring: This involves diagnostic assessment, debt advisory, liquidity and working capital management, the development of robust operational and financial plans to underpin the restructuring communications and negotiations with lenders and other stakeholders, accelerated M&A advice, strategic financial advice and contingency planning.

Operational restructuring: In this area, the Restructuring team aims to provide a delivery of profit and loss savings right through to the bottom line. Here, KPMG works with management teams to help deliver profit and reduce the impact of loss, focussing in maximising cash.

This is achieved by an analysis of the underlying cost-drivers and a generation of ideas across a business, implementation of a tried and tested methodology for the validation, approval and delivery of actions and the delivery of improvements through line management, without disrupting the overall business.

Strategic cash generation: The team works with the management of companies to help generate cash and embed a cash culture within the business.

A key aspect of this system includes working capital cycle reviews in order to identify opportunities for improvement, detailed balance sheet reviews to engender cash generation, hands-on assistance in implementing opportunities and the development and transfer of skills to the management team.

Crisis management
Another core competence of KPMG Spain’s Restructuring in the restructuring team is their ability to structure and implement the best possible strategy during times of crisis. Here, the team offers lender advisory, turnaround and cash management services.

In the field of lender advisory services, the practice helps lenders assess their options for repayment, refinancing and recovery from underperforming businesses. To this end, the team provides an independent business review, including diagnosis of sources of underperformance, a security review and collateral options, contingency planning services, an assessment of the management team, strategic insolvency advice, and gives options assessment for strengthening the firm’s credit position. It can also undertake inter-creditor negotiations and deal structuring if required.

When it comes to turnaround executive management, the practice offers crisis management with the aim of stabilising the business with the view of implementing turnaround. KPMG can provide practical plans for restructuring the business and increasing the speed of turnaround, install executives into key leadership positions and help ensure a timely flow of information. They also manage communications between the board of directors, management team and financiers and offers fallback planning and also provides deep and broad support by tapping into KPMG’s network of firms.

In terms of crisis cash management, KPMG’s main aim is to help stabilise cash flows and buy time in order to promote effective negotiations with stakeholders. This is achieved by in-depth analysis of immediate and near-term funding requirements, development and transfer of robust cash flow forecasting processes to the management team, the identification of short and near term cash generation and the provision of advice to the management on means of effective communications with stakeholders.

Exit planning
Another key area in which the practice offers substantial support is that of exit planning and implementation. Here, the team often assists companies looking to relocate or close down. Spanish subsidiaries of foreign companies, in line with the rest of Europe are often inclined to relocate to be closer to their clients or target audience. In the case of Spanish subsidiaries this often means Eastern Europe. Other factors driving this include cost benefits of the region to which they are moving, and improved and more flexible labour arrangements. KPMG can help a business to liquidate in one jurisdiction in an organised way, in order to facilitate a move to a new market. The practice also advises on cash management, tax, labour and legal advice to minimise the cost for the relocation.

Insolvency
Crisis could end up in and insolvency procedure. The Restructuring department of KPMG provides financial, strategic and legal advice to get in and out and insolvency procedure in Spain. They have been appointed by the Spanish SEC as an administrator of the biggest insolvency procedure in Spanish history, Martinsa Fadesa.
In terms of the type of business that KPMG in Spain works domestically, the restructuring team is particularly active right now, in the automotive, real estate and related industries, retail, distribution and other industries. Combine this with the depth and breadth of expertise from the heads of the different sectors of KPMG, the team offers a true ‘one-stop-shop’ for any businesses under stress or distress. Today, KPMG are kept busy with key issues that trouble the Spanish market; the real estate crash, the banking crisis, the fall of the retail sector and the imminent decline of the rest of the industries. π

For further information tel: +34 91 456 3525;
www.kpmg.com

Forex Awards 2010

Most Innovative Trading Platform
eToro

Best Execution House
Alpari UK

Best White Label Solution Provider
Saxo Bank A/S

Best Financial Derivative Trading Provider
bforex

Most Transparent Broker
AVA FX

Fastest Growing Global Forex Broker
FxPro

Best Mobile Trading Platform
InterBank FX

Best Affiliate Program
LiteForex

Best Islamic Forex Provider
AVA FX

Best Global Trading Platform
FxPro

Best Broker in USA
InterBank FX

Best Forex Broker in Asia
InstaForex

Best Forex Broker in Australasia
Forex CT, by bforex

Best Forex Broker in BVI
AVA FX

Best Forex Broker in Canada
AVA FX

Best Forex Broker in Central & Eastern Europe
TMS Brokers

Best Forex Broker in Latin America
bforex

Best Forex Broker in Middle East
AVA FX

Best Forex Broker in Russia & CIS
MasterForex

Best Forex Broker in South East Europe
Atlas Capital Financial Services

The birth of a paradigm?

Even before the birth of the moniker, corporate social responsibility and sustainability have loitered around the foreground of investment analysis.

ESG is becoming increasingly prevalent as not only a part of decision-making but also, as a representation of what traditionalists would consider a new paradigm.

Never before have these non-financial factors become such a important issues, let alone formally recognised, so the current popularity of ESG signifies at least recognition of these factors as instrumental in long-term company valuation.

In the aftermath of the current recession, the mainstream has sought to identify non-financial factors relevant to long-term financial stability, and ESG has proven suitably broad-spanning. ESG exposures as part of long-term strategic planning are not only a forward-thinking and contemporary measure, but signify a change in thinking.
Efficiency runs alongside improved corporate-investor communications, and long-term metrics need to be aligned with the reinterpreted paradigm.

Not only relevant to companies but to individual investors too, financial advisers are finding more and more calls for advice on making the most of available ESG opportunities.

Environmental concerns?
Green, eco-friendly, sustainable – the danger of “greenwashing” is ever increasing. Greenwashing, discussed in TIME Magazine (‘Going Green’, September 22, 2008) is a term for where soundbites are essentially thrown around without practical impact. ESG as an umbrella term is intrinsically bound up with reputation, but companies do, however, run the risk of purely using these soundbites to implement change.

This would underestimate the ambit of ‘the environment’ as a header; environmental concerns do not just concern climate change, but also sustainability, pollution, carbon emissions and more.

These factors substantiate ESG’s focus on the long term to establish the financial feasibility of investment decisions, certainly a contemporary rethinking of priorities.

These complex issues are everyday concerns and offer environmentally and economically-friendly investment solutions. Social justice has been prominent for longer than ESG, particularly in the form of Socially Responsible Investing (SRI).

While SRI rethought the core financial criteria, ESG represents a rethinking of what it is exactly that does – or should – be reflected in investment decisions. ESG is certainly tied up with ethical concerns, but most interpretations focus purely on maximising financial performance. In spite of this, it is difficult to interpret financial performance and ethics as not being automatically bound up with each other.

A series of framework principles have been bubbling in the background, such as the Principles of Responsible Investing (PRI) and the OECD Principles of Corporate Governance. These principles provide a framework for incorporating ESG concerns into ownership practices and investment philosophies.

These two examples are merely a sample of the guidelines out there to help firms and individuals shift focus and help contribute to their ESG performance.

Indeed, there are many companies attempting to reformulate their ESG outlook, but because of the newness of this phenomenon – or rather its presence in the public eye – there are extremely high expectations to be fulfilled.

Corporate governance
Corporate governance is the least familiar arm of the ESG trio, but potentially the most potent. It essentially concerns politics: independence, compensation, shareholder and stakeholder rights and transparency.

In the context of ESG, governance discussions focus on how processes, customs, laws and regulations affect economic stability; honesty, trust, integrity, openness, responsibility and commitment run key throughout.

The common misconception surrounding governance lies in the fact that it is construed by some as solely concerning corporate management, whereas in reality, it concerns prevention as much as cure. Those in the know about ESG are aware that corporate governance must extend its reach way beyond the realms of administration and instead reach into something far broader in ambit.

Essentially concerned with getting the backroom to where the front page is, corporate governance is arguably the most distinct element of ESG.

As a relatively new phenomenon, investors are finding it difficult to understand and incorporate non-financial ESG metrics into their research models, which is why experts are occasionally drawn upon.

In this sense shareholders can gain an understanding of and acknowledge the huge importance of ESG management over the next few years, and as a guide out of present economic setbacks.

Just a few of the solutions to informing those who wish to implement ESG management is patience, time and positive learning programmes.

The ethics
On a more general note, ESG is undoubtedly a public interest matter, making it a figurehead for the acceptance and open-armed welcoming of policy concerns into investment consciousness.

ESG is a case of a series of topics becoming “part and parcel of the metrics used by investment professionals to analyse and value the public companies they invest in,” according to Kurt Schacht, CFA, managing director of the CFA Institute Centre.

Because ESG is non-financial, acceptance legislature and core principles are still in their early days, and so are still flexible to enterpretation.

And because there is such openness to the criteria, there are various amounts of discretion afforded to different companies, allowing them to maintain focus on their own terms, whilst offering their own solutions and performance to the general public. Benefiting each individual company’s own business model, the newness of the phenomenon means that criteria is constantly changing.

The future
The way that ESG ties up three unique and related sets of issues is certainly useful, but their defining common link is their focus on the long-term horizon. ESG is set in three contexts: (1) economic viability, (2) brand reputation and (3) short versus long-term effects. The latter of this trio is the biggest revelation to traditionalists, and has of course raised eyebrows.

However, most data suggests that in relation to the underlying principles of twenty-first century living and business. Interestingly, the importance of engaging societal concerns with modern day capitalism was framed earlier in the last century: “The social responsibility of business is to increase its profits.” Written by Milton Friedman in The New York Times Magazine on September 13, 1970, the statement has no less application in 2009, as more and more people consider the statement as pointing to the core responsibility of those in business not just to enjoy great profits, but to invest in a way that helps society.

One crucial point has been ignored – many of the points inherent to ESG have been considered as fundamental to businesses and enterprises for many, many years.

In this sense there are many new participants to the phenomenon who know a lot more about the industry than they realise.

With that in mind, environmental, social, and governance issues are in a healthy position to grow and prosper not just over the next few years, but over more of a long term and healthy future.

And finally − what now?

ESG relating to investment forms the crux of much of the commentary, but in order to inform public perception, more discussion of its ethical validation is on it’s way over the coming months.

In this sense the coming months will see ESG raise it’s own standards, pursue further gains, and work on it’s current set of high and visibl standards. Also, it is widely considered that it’s predecessors – namely corporate social responsibility and sustainability – will be able to reinvent themselve and aim for a common goal of business and social development.

The healthy mixture of prevention and cure that the main ideas behind ESG seeks to pursue is commendable. Essentially, it wants companies to capitalise on new opportunities and risk identification, whilst working with their own business models to create more efficient and prosperous strategic gains within the industry. In this sense many of the companies participating are working off and with one another.

Different investors will differently apply their focus on environmental, social and governance factors according to their sector, planning and existing metrics. ESG is a brilliant move for market integrity, and further development of standalone or larger firms. The concept of ‘acting in the best interests’ is concrete and long term. The best thing investors and companies can do now is further research, and delve straight into the world of ESG.


World Finance ESG Awards, 2009

Best ESG Research House, Germany
WestLB AG

Best ESG Institutional Asset Manager, Netherlands

Syntrus Achmea Asset Management

Best ESG Asset Manager, France

Groupama Asset Management

Best ESG Wealth Manager, Netherlands

ABN AMRO

Best ESG Information Provider, Switzerland

ASSET4

Best ESG Asset Manager, Italy

Eurizon Capital, Intesa Sanpaolo Group

Best ESG Asset Manager, Sweden

SEB Wealth Management

Best ESG Asset Manager, Brazil

Itaú Unibanco Banco Múltiplo SA

Best ESG Research House, France

Novethic

Best ESG Microfinance Consultant, International

Perfect Point Partners

Best ESG Asset Manager, USA

ClearBridge Advisors

Best ESG Asset Manager, UK

Threadneedle Investment

Best ESG Institutional Asset Manager, Switzerland

SAM Sustainable Asset Management

Best ESG Institutional Asset Manager, Norway

DnB NOR Asset Management

Best ESG Research House, UK

EIRIS

Best ESG Research House, USA

IW Financial

Best ESG Asset Manager, Belgium

Dexia Asset Management

Best ESG Wealth Manager, Switzerland

Lombard Odier Darier Hentsch Group

Best ESG Asset Manager, Spain

BBVA Asset Management

Best ESG Asset Manager, Denmark

ESG Awards Winners

Best ESG Asset Manager, Australia
Lend Lease

Best ESG Asset Manager, Austria
Raiffeisen Capital Management

Best ESG Asset Manager, Belgium
Dexia Asset Management

Best ESG Asset Manager, Brazil
Bradesco Asset Management

Best ESG Asset Manager, Canada
TD Asset Management

Best ESG Asset Manager, Denmark
BankInvest

Best ESG Asset Manager, France
Edmund De Rothschild Asset Management

Best ESG Asset Manager, Germany
LBBW Asset Management Investmentgesellschaft mbH

Best ESG Asset Manager, Italy
Pioneer Investments

Best ESG Asset Manager, Japan
Nikko Asset Management

Best ESG Asset Manager, Luxembourg
Sal Oppenheim

Best ESG Asset Manager, Malaysia
Corston-Smith Asset Management

Best ESG Asset Manager, Netherlands
ING Investment Management

Best ESG Asset Manager, South Africa
Cadiz Holdings

Best ESG Asset Manager, Spain
Mercapital

Best ESG Asset Manager, Sweden
Handelsbanken Asset Management

Best ESG Asset Manager, Switzerland
Pluris Sustainable Investments S.A.

Best ESG Asset Manager, UK
BC Partners

Best ESG Asset Manager, USA
Calvert Investments

Best ESG Asset Manager, Vietnam
Anpha Capital

Legal Awards 2009

Team Awards:

Best Tax Team, Canada
Borden Ladner Gervais LLP

Best Tax Team, France
Taj – Société d’avocats,
Member of Deloitte Touche Tohmatsu

Best Transfer Pricing Team, France
Taj – Société d’avocats, Member of Deloitte Touche Tohmatsu

Best Banking & Finance Team, Austria
Herbst Vavrovsky Kinsky Rechtsanwälte GmbH

Best Real Estate & Construction Team, Norway
Advokatfirmaet Haavind Vislie AS

Best Tax Team, India
Economic Laws Practice

Best International Tax Team, Cyprus
€urofast Global Limited
Taxand

Best Banking & Finance Team, Finland
Procopé & Hornborg

Best Employment Team, Germany
CMS Hasche Sigle

Best Real Estate Team, Greece
V&P Law Firm

Best Privatisation Team, Turkey
ESINISMEN

Best Real Estate Team, Morocco
Bennani & Associes LLP

Best Banking & Finance Team, Sweden
Hammarskiöld & Co

Best Real Estate Law Firm, Bulgaria
Andonov & Radinska

Best Transfer Pricing Team, India
Grant Thornton

Best Corporate and M&A Team, Turkey
Cerrahoglu Law Firm

Best Banking & Finance Team, Ukraine
Asters

Best Capital Markets Team, Austria
Cerha Hempel Spiegelfeld Hlawati

Best Tax Team,
 Germany
RP RICHTER & PARTNER

Best Tax Team,
 Cyprus

PricewaterhouseCoopers

Best Tax TeamSwitzerland
Tax Partner AG

Best Tax TeamPoland
Ernst & Young

Best Tax TeamMexico
Ernst & Young

Best Corporate Tax TeamLuxembourg
LOYENS + LOEFF

Best Transfer Pricing TeamBelgium
Ernst & Young

Best Transfer Pricing TeamCanada
PricewaterhouseCoopers

Best Mergers & Acquisitions TeamSouth Africa
Bowman Gilfillan

Best Transfer Pricing TeamUSA
Duff & Phelps

Best Tax TeamUSA
Ernst & Young

Best Mergers & Acquisition TeamDenmark
Bech-Bruun

Best Transfer Pricing TeamNetherlands
Ernst & Young

Best Banking & Finance TeamPortugal
Goncalves Pereira, Castelo Branco & Associados

Best Banking & Finance TeamCzech Republic
Havel & Holasek

Best Tax TeamItaly
Deloitte

Best Banking & Finance TeamHungary
Ormai es Tarsai CMS Cameron McKenna

Best Tax TeamRomania
Ernst & Young

Best Mergers & Acquisition TeamRussia
Salans

Best Mergers & Acquisition TeamEstonia
Raidla & Partners

Best Mergers & Acquisition TeamLatvia
Lejins, Torgans & Partners

Best Mergers & Acquisition TeamLithuania
Sutkiene, Pilkauskas & Partners

Best Transfer Pricing TeamChile
Ernst & Young

Best Transfer Pricing TeamColombia
Ernst & Young

Best Mergers & Acquisition TeamBrazil
Barbosa, Mussnich & Aragao

Best Tax TeamBahrain
PricewaterhouseCoopers

Best Tax TeamArgentina
Ernst & Young

Best Transfer Pricing TeamBrazil
Ernst & Young

Best Transfer Pricing TeamSpain
Deloitte

Best Tax TeamRussia
PricewaterhouseCoopers



Best Corporate & Commercial Law Firm
, Costa Rica, El Salvador, Guatemala, Honduras & Nicaragua

Arias & Muñoz

Best Banking & Finance Law Firm, Costa Rica, El Salvador, Guatemala, Honduras & Nicaragua
Consortium – Centro America Abogados

Individual Awards:

Best Mergers & Acquisition LawyerGermany
Reinhard Pöllath, P+P Pöllath + Partners

Best Intellectual Property LawyerGermany
Peter Kather, Preu Bohlig & Partner

Best Banking & Finance LawyerCanada
Barry Ryan, McCarthy Tetrault

Best Intellectual Property LawyerCanada
Douglas N. Deeth, Deeth Williams Wall

Best Competition & Antitrust LawyerUSA
Roxane C. Busey
Baker & McKenzie

Best Shipping & Maritime Lawyer, Cyprus
Acis Montanios, Montanios & Montanios

Best Mergers & Acquisition LawyerPoland
Andrzej Wiercinski, Wiercinski, Kwiecinski Baehr spk

Best Mergers & Acquisition LawyerMexico
Daniel Del Rio, Basham, Ringe y Correa

Best Mergers & Acquisition LawyerFrance
Daniel Hurste, Willkie Farr & Gallagher

Best Corporate Finance & Securitisations LawyerMexico
Luis Nicolau, Ritch Mueller, S.C.

Best Capital Markets LawyerLuxembourg
Alex Schmitt, Bonn Schmitt Steichen

Best Competition & Anti-Trust LawyerFinland
Katri Joenpolvi, Krogerus Attorneys

Best M&A Lawyer, Canada
William M. Ainley, Davies Ward Phillips & Vineberg LLP

Best Private Equity Lawyer, Switzerland
Luc Defferrard, Walder Wyss & Partners

Best Private Equity Lawyer, 
USA.
Kirk August Radke,
 Kirkland & Ellis LLP

Best Tax Lawyer, Belgium
Thierry Afschrift, Association Afschrift

Best Commercial Transactions LawyerSwitzerland
Jacques Bonvin, Tavernier Tschanz

Best Competition Lawyer, South Africa
Mondo Ntlha, Cliffe Dekker Hofmeyr

Best Competition & Anti-Trust Lawyer, Ukraine
Antonina Yaholnyk, Baker & McKenzie

Best M&A Lawyer
Costa Rica,  El Salvador, Guatemala, Honduras & Nicaragua

Dr. F. Armando Arias R.
, Arias & Muñoz

EU and IMF offer Greek government support in unified market politics

The $140bn support package that the Greek government has finally received from its EU partners and the IMF gives it the breathing space needed to undertake the difficult job of putting its finances in order. The package may or may not prevent Spain and Portugal from becoming undone in a similar fashion, or indeed even head off an eventual Greek default. Whatever the outcome, it is clear that the Greek debacle has given the EU a black eye.

Deep down, the crisis is yet another manifestation of what I call “the political trilemma of the world economy”: economic globalisation, political democracy, and the nation state are mutually irreconcilable. We can have at most two at one time. Democracy is compatible with national sovereignty only if we restrict globalisation. If we push for globalisation while retaining the nation state, we must jettison democracy. And if we want democracy along with globalisation, we must shove the nation state aside and strive for greater international governance.

The history of the world economy shows the trilemma at work. The first era of globalisation, which lasted until 1914, was a success as long as economic and monetary policies remained insulated from domestic political pressures. These policies could then be entirely subjugated to the demands of the gold standard and free capital mobility. But once the political franchise was enlarged, the working class got organised, and mass politics became the norm, domestic economic objectives began to compete with (and overwhelm) external rules and constraints.

The classic case is Britain’s short-lived return to gold in the interwar period. The attempt to reconstitute the pre-World War I model of globalisation collapsed in 1931, when domestic politics forced the British government to choose domestic reflation over the gold standard.

The architects of the Bretton Woods regime kept this lesson in mind when they redesigned the world’s monetary system in 1944. They understood that democratic countries would need the space to conduct independent monetary and fiscal policies. So they contemplated only a “thin” globalisation, with capital flows restricted largely to long-term lending and borrowing. John Maynard Keynes, who wrote the rules along with Harry Dexter White, viewed capital controls not as a temporary expedient but as a permanent feature of the global economy.

The Bretton Woods regime collapsed in the 1970s as a result of the inability or unwillingness – it is not entirely clear which – of leading governments to manage the growing tide of capital flows.

The third path identified by the trilemma is to do away with national sovereignty altogether. In this case, economic integration can be married with democracy through political union among states. The loss in national sovereignty is then compensated by the “internationalisation” of democratic politics. Think of this as a global version of federalism.

The US, for example, created a unified national market once its federal government wrested sufficient political control from individual states. This was far from a smooth process, as the American Civil War amply demonstrates.

The EU’s difficulties stem from the fact that the global financial crisis caught Europe midway through a similar process. European leaders always understood that economic union needs to have a political leg to stand on. Even though some, such as the British, wished to give the union as little power as possible, the force of the argument was with those who pressed for political integration alongside economic integration. Still, the European political project fell far short of the economic one.

Greece benefited from a common currency, unified capital markets, and free trade with other EU member states. But it does not have automatic access to a European lender of last resort. Its citizens do not receive unemployment cheques from Brussels the way that, say, Californians do from Washington, DC, when California experiences a recession. Nor, given linguistic and cultural barriers, can unemployed Greeks move just as easily across the border to a more prosperous European state. And Greek banks and firms lose their creditworthiness alongside their government if markets perceive the latter to be insolvent.

The German and French governments, for their part, have had little say over Greece’s budget policies. They could not stop the Greek government from borrowing (indirectly) from the ECB as long as credit rating agencies deemed Greek debt creditworthy. If Greece chooses default, they cannot enforce their banks’ claims on Greek borrowers or seize Greek assets. Nor can they prevent Greece from leaving the eurozone.

What all this means is that the financial crisis has turned out to be a lot deeper and its resolution considerably messier than necessary. The French and German governments have grudgingly come up with a major loan package, but only after considerable delay and with the IMF standing at their side. The ECB has lowered the threshold of creditworthiness that Greek government securities must meet in order to allow continued Greek borrowing.

The success of the rescue is far from assured, in view of the magnitude of belt-tightening that it calls for and the hostility that it has aroused on the part of Greek workers. When push comes to shove, domestic politics trumps foreign creditors.

The crisis has revealed how demanding globalisation’s political prerequisites are. It shows how much European institutions must still evolve to underpin a healthy single market. The choice that the EU faces is the same in other parts of the world: either integrate politically, or ease up on economic unification.

Before the crisis, Europe looked like the most likely candidate to make a successful transition to the first equilibrium – greater political unification. Now its economic project lies in tatters while the leadership needed to rekindle political integration is nowhere to be seen.

The best that can be said is that Europe will no longer be able to delay making the choice that the Greek affair has laid bare. If you are an optimist, you might even conclude that Europe will therefore ultimately emerge stronger.

Dani Rodrik, Professor of Political Economy at Harvard University’s John F. Kennedy School of Government, is the first recipient of the Social Science Research Council’s Albert O. Hirschman Prize. His latest book is One Economics, Many Recipes: Globalisation, Institutions, and Economic Growth.

© Project Syndicate 1995–2010

WEF tackles global risk and raises doubts over Kyoto

What are the big issues that risk managers worry about, and are the world’s leading organisations capable of dealing with them? A new study provides some useful answers to the first question, but raises worrying doubts about the second. According to a study by the Federation of European Risk Management Associations, top of the list of concerns for the leading risk managers working in Europe are a breakdown of critical information infrastructure, crime and corruption, terrorism, and catastrophic flood. FERMA asked its members to pick the most worrying items from a list published by the World Economic Forum (WEF) in its recent Global Risks Report. The WEF highlighted what it called “a growing disconnect between the power of global risks to cause major systemic disruption, and our ability to mitigate them.”

It gave a list of 23 core global risks and said they had worsened over the preceding 12 months, despite growing awareness of their potential impacts. FERMA members said the second most important group of core risks includes energy price and supply shocks, catastrophic windstorm and earthquake, and pandemics. A third group of risks, named in less than half the responses, covers climate change, war, loss of freshwater services and nanotechnology.

It may be surprising that only 17 of the responses said climate change is a significant risk for their organisation, but Franck Baron, a FERMA official, explains: “It is not that risk managers are not concerned about climate change, but we do not yet know how it will affect individual companies operationally, and this is the province of the risk manager.”

He also points out, as does the WEF report, that many of these risks are inter-dependent. “This is why we need a holistic approach to risk management to create sustainability for the business. We need to identify and manage not just individual risks but the way they interact.”

That is a view endorsed by Jesse Fahnstock, global leadership fellow for the WEF global risks programme. “The survey really shows how the relationship between global risks and corporate risk management is evolving,” he says. “Risk managers are clearly looking hard at the interconnected, non-business issues that define the global risk landscape. But translating the understanding of these issues into the world of operational, financial and regulatory risk management remains a big challenge. Priority is still being given to well understood, insurable risks, but managing exposure to complex, currently uninsurable global risks will be a key competitive advantage in the coming years.”

Specific industries
Some of the risks mentioned reflect specific industry worries. In relation to freshwater services and nanotechnology, for example, it is possible to see concern from specific industries, such as a UK company that owns paper mills and a multinational food and drink company for whom continuity of supply of fresh water is important. But overall the survey is a useful indicator, as it included responses from a mix of multinational corporations, businesses operating only within the European Union, and national companies.

Asked what the most significant risks are now and in the next five years, respondents most frequently mentioned supply chain and business interruption risks. Other important ones were regulation and compliance, political risks, availability of a choice of insurers and capacity, a shortage of people skills, and age discrimination.

Restrictions on carbon dioxide emissions and more extremes of weather were the most commonly mentioned corporate concerns in response to a changing climate. One risk manager who said climate change was now a concern represented a multinational company in the infrastructure, environment and energy sectors. He said that the company was doing an inventory of its CO2 emissions and had created a position for a company specialist to keep management updated continuously about the consequences in general and for the business. The survey gathered similar views from other managers. The risk manager for a multinational food and drink group commented, “climate change does not affect us now, but we are monitoring effects.” His company’s concern is that higher temperatures could create pressures on water resources and lead to civil conflicts.

An airport and shopping mall operator said government action on CO2 emissions might lead to decreased demand from passengers and airlines for airport services. A multinational retail company risk manager said climate change was not having an impact on its business yet, but it could foresee pressures from restrictions on CO2 emissions from transport, water and energy consumption and the associated price changes.

More severe and less predictable weather is another possible consequence of global warming, which comes up in the responses of two risk managers from multinational companies in the construction sector. “We see much more frequent extreme weather phenomena, such as heavy snow in one of our Chinese plants where there had been no snow for more than 50 years. This has important consequences for construction planning,” said one manager.

An airport operator and a logistics and stevedoring company both mentioned the risk of more severe weather conditions. The airport operator said it might lead to more flight cancellations and an increase in the number of interruptions to the revenue stream, albeit short-term. “But that’s an industry-wide risk that cannot be diversified away,” he commented. The logistics company said more frequent and severe windstorms could increase property losses.

Greater extremes
A Russian risk professional says a warmer climate could reduce demand for the oil and gas industry in his country, and much of the country’s economy depends on the sector. He believes that greater extremes of weather and more variability will increase demands on risk management. A multinational energy company is concerned about possible increased volatility in supply and demand for power “since electricity cannot be stored,” while a company that produces energy from renewable and natural sources is also concerned about future demand.

According to a Polish risk manager, there will be contractual risks for travel companies that depend on a cold climate in winter, such as those offering skiing holidays. The risk manager of a UK company whose business includes paper mills said climate change could affect the water supply it needs, while a food and drink company said demand for drinks might be affected.

What would help organisations to tackle their big risks? The WEF called for two changes that would improve global risk management efforts: the appointment of Country Risk Officers and the creation of flexible “coalitions of the willing” around specific global risk issues, which it said would provide crucial momentum to mitigation efforts.

The first of these changes would provide a focal point in government for mitigating global risks across departments, learning from private-sector approaches and escaping a “silo-based” approach where risks are dealt with in isolation, it said. The second would allow efforts to tackle risks to “emerge from dynamic interplay between governments and business, achieving a balance between inclusiveness and decisiveness.”

The large majority of respondents to the FERMA survey thought the appointment of country risk officers was a good idea. But some were sceptical and several questioned how practical it would be. “Very impractical,” was the response from a Polish risk manager. “It’s going to be driven by politics and politicians. It should be practical. That’s why it’s not going to happen,” was a Swiss response.

Another FERMA member pointed out it would depend on governments’ ability to use collected information, while an Italian risk manager commented, “I think the state system is not ready today to make a correct risk assessment.” One Swiss risk manager says the approach should be less parochial. “They should rather look at the global perspective and start a coordinated international effort on risk mitigation in respect of the mega trends and risks, such as global warming, aging society, water shortage and distribution, as well as alternative energy resources.”

Managing public risks
Another Swiss risk manager says he would like to see the government creating a clear definition of competences, structures, organisation and resource allocation ahead of a crisis situation like earthquake, terrorism, pandemic or civil commotion. A similar view came from a risk manager based in Portugal. The government should pay more attention to managing public risks like pandemics, natural catastrophe, terrorism and crime and corruption, he said.

Several responses asked governments to give clearer and stricter requirements for risk management in listed companies, and suggested that some regulations for unlisted companies could also be considered. A Swiss risk manager said that the risk reporting requirements of corporate governance frameworks such as Germany’s Kontrag did not exist in many countries. From Bulgaria, came the comment that it would be good if essential risk management standards were adopted and widely publicised, and a Russian risk professional said he would like to see the government build up national standards of risk management.

“It would be very practical to map risks,” said a UK risk manager. “It could be useful in managing the population’s perception of risk. It should educate the population to understand risks and take responsibility to manage them, instead of the state making legislation.”

Above all, there is a need to take a more comprehensive view of global risks. “Risks are often still viewed and dealt with in isolation. However, in today’s world global risks are tightly interwoven,” says Jacques Aigrain, Chief Executive Officer of insurer Swiss Re. “To address our contemporary risk landscape, governments and enterprises need to take a holistic approach to overcome silo-thinking and acting. We need to prioritise risks effectively, improve preparation and strengthen public-private partnerships to mitigate risks and to finance economic losses.”

In part, that means being more proactive. “There is continued evidence of a disconnection between risk and mitigation,” says Mike Cherkasky, President and Chief Executive Officer of Marsh & McLennan Companies, the insurance and risk group. “The focus of government and corporations must not only be on reacting to events, but on utilising effective enterprise risk management to set priorities, increase business focus, allocate resources and maximise efficiency.”

“Catastrophic natural disasters in recent years have demonstrated that our ability to confront emerging risks depends more on the choices we make before a disruption, than the actions we take during a crisis,” he adds. “Only a systematic planning approach will ensure that countries and companies are prepared for the risk environment we presently face.”

Tackling global risks
The World Economic Forum says four big changes would help to address global risks:
– Linking energy security with considerations on climate change;
– Urgently beginning work on a successor to the Kyoto agreement on climate change, which needs to include the US, China and India;
– Renewing terrorism insurance schemes that are due to expire this year; and
– Checking supply chains are resilient against a pandemic illness, such as Avian Flu.

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