For the Corporate Client we bring added value through our knowledge and understanding of the cultures, political economy and the investment and business environment in emerging markets.
For the corporate or financial investor, our contacts in Government and private sector, our knowledge of the legal and regulatory environment and our transaction experience in the different sectors can help generate, preserve or recover greater value for their investments.
Country Strategy Management
(i) Government Relationship Management: Our Associates and our local and regional partners, have extensive experience in working with governments at the highest levels in over 120 countries on policy issues especially pertaining to Governments’ interface with the private sector. This experience can be very useful for our corporate clients when it comes to developing and implementing a host country strategy, be it for Greenfield projects, ongoing operations and investment, market development, product sourcing or trade logistics.
(ii) Corporate Social Responsibility: Our expertise in corporate social responsibility as well as in local and regional sensitivities, can be useful for our corporate clients and help them to present a friendly face to the community. The underlying theme and the bedrock of our expertise and capabilities is the social dimension of our transactions and advisory services. Where we are different from other advisors is that we have the experience and capability ( from the World Bank and other international development experience of our Associates) to address the question that arises in almost every large transaction be it FDI, privatization, offsets or greenfield project situation – namely, what happens to the people. We have the experience and knowledge from over 60 countries around the world to offer best practice solutions to this issue.
Transaction Advisory Services
(i) Restructuring and divestiture: We can provide advice both to corporations and private equity or other types of direct portfolio investors on the implementation of exit strategies for their holdings in emerging markets. We also advise on the restructure, divestiture and /or recovery of their distressed holdings in emerging markets. We can provide advice on insolvency regimes in emerging markets, their impact on the holdings of our clients and the management of insolvency situations to maximize recovery rates. We can be a rapid response agent for our corporate or investor clients and can provide emergency service if needed.
(ii) Defence Offsets Our Associates have many years of experience both in Civil and other types of offsets. They are familiar and have first hand experience with offset laws, regulations and institutions in several key offset countries and can provide advice on eligibility, fulfillment criteria, offset accounting, and penalty avoidance and other topics related to offsets. We can provide assistance in the design, origination and fulfillment of offset transactions. We can also advise on the offset aspects during bid preparation* . Through our alliances we can also provide advice on the design, availability and securing of financing associated with offset fulfillment both for our corporate and country clients.
(iii) Insolvency and debt advisory Our Insolvency and debt advisory practice is especially relevant in the present crisis situation internationally. Our services here are two fold:
(a) We can advise Governments and Government organizations in emerging markets on strategic redesign of their insolvency regimes** to cope with the present crisis. In countries where the financial sector and intermediation in particular is underdeveloped or weak, we focus on preserving the going concern. On the other hand in countries where the financial sector has begun to function, our focus shifts on preserving continued health of the financial sector and access to finance. We offer assistance in institutionalizing out of court resolution processes ( e.g., the London Club approach), especially in countries where the legal framework for insolvency and the judicial processes are underdeveloped.
(b) We offer advice to corporate, private equity and investment manager clients on insolvency regimes in emerging markets and of their impact on the holdings of our clients and the management of insolvency situations. Our services for emerging markets, include debt restructuring, creditor relations, work out agreements, out of court settlements, organizing and managing liquidations, advising on labor relations and advising on public relations and communications strategy. We can be a rapid response agent for our corporate or investor clients and can provide emergency service if needed.
(iii) Due Diligence for major Projects: Our Associates have significant experience in Private Participation in Infrastructure and Private Public Partnerships. This practice area includes advisory services to our corporate clients in the preparation of EOIs, bids and/or responses to RFPs. Our expertise in this area includes airport concessions, independent power projects (IPPs), port development and concessions, mining concessions, Free Zones, electricity, water and gas distribution, and solid waste management. We can help to locate and manage the technical, financial and legal resources needed for bid preparation. Our special knowledge of the political economy of a country provides a strong competitive edge to our corporate client.
* The firm or its associates do not provide any representation or warranty either express or implied, as to the success of any bids in which they may have provided advice or assistance or have been involved in any way whatsoever and there is no assurance of the success for any such bids.
** We do not provide legal advice or counsel. For this our clients need to retain their own counsel
*** In any given country we will either represent the Government or Corporate clients, but not both.