We all, without exception, love growth, it symbolizes that we are doing something positive and the benefits of our policies and hard work are bearing fruit. However, as most economists will tell you, growth comes with its challenges and pitfalls. Some of these can be faced through good fiscal and monetary policy and others can be dealt with in terms of a strategic framework, while not all risks from hyper growth can be mitigated, there is little denying that a good framework is usually a good thing to have.
UAE has been experiencing phenomenal growth, with oil prices having averaged close to US$ 60 per barrel for over a year, a massive expansion in the real estate sector, the growth of banking, hospitality and services all abode well for the future. With growth, usually comes the competition of money seeking those goods and services which become more dear resulting in inflation. Classically, the best way to fight inflation is to have a proactive monetary policy, where indicators are watched and action is taken prior to inflation becoming a chronic problem for growth. Central bank regulators usually balance the needs of economic growth by a variety of measures, the most common and perhaps effective, being the use of interest rates and money supply to either spurt the economy on or rein in too much money supply.
However, for the UAE its linkage to the US dollar creates a unique set of issues, most of which being that while domestic growth has been robust, the UAE Dihram has slid by over 15% last year against the Euro alone on account of the UAE Dihram being pegged to the US Dollar. In addition, while not explicitly stated, UAE interest rate policy closely reflects the movements in the US interest rates creating a dichotomy.
Take the current situation, the US needs to get out of a credit crunch and hence has to make lending easier and provide liquidity to the markets by lowering interest rates. UAE on the other hand had to rein in money supply and curb inflation for which it would typically increase interest rates! While it is commonly stated that a delinking for the US Dollar would reduce the value of UAE’s exports (mostly in dollars) and its investments, (also mostly held in dollars) these adjustments would be notional and allow the UAE to either let its currency float (not recommended by me as it needs active monetary management) or to adjust the peg against the dollar. Ideally, I hae argued that the UAE should create a basket of currencies and adjust its rate against the basket on a regular basis. This will also mean that the UAE Central Bank will have to play a more active part in issuing longer term treasuries to soak in the liquidity and redeem them when it needs to provide liquidity.
UAE, as an economy, is dynamic, robust and becoming more integral to the world capital markets and it has to move away from reactive financial management to a more proactive model. Growth is a great story around the dinner table and something we have to be proud of, but inflation is a pretty stubborn customer that could upset the apple cart.
Saturday, September 8, 2007
Tuesday, August 28, 2007
Sher Value: Labor Issues
Over the past week Al Jazeera International has being running a program on the issues of migrant labor and while investigative and issue provoking the recommendations are more implied than clearly stated. Indeed for the GCC countries issues of migrant labor are becoming important and this is an issue that the media, especially in the West seem to be catching on to. This does not suggest that all matters related to labor are fine, but in my opinion, if you are to discuss an issue the please also recommend what can be done to improve things.
I do feel that labor conditions will be a major issue within the realm of the media and various interested parties in the next few months. On the back of this attention there are some who are not making distinction between state sponsored exploitation of migrant workers and the breaking of laws by private companies. I do believe that GCC countries are concerned about labor issues and I know from being here in UAE that this is a matter of concern to the government. Over the years a number of measures have been taken to improve the situation and I understand that in the coming months the scrutiny on labor camps will become more focused.
However, a large number of the abuses start before the migrant worker has even arrived here. Many workers will tell you of the huge amounts of money they pay agents in their home countries prior to them even getting on the plane. In many cases, if not all, the agents are charging the worker for services, i.e. health checks, tickets, approvals and the visa cost, for which the employer in the GCC country has already paid the agent.
Thus the worker arrives into the country to work with a huge debt burden on his head, at times equal to a full years wages. This is perhaps the most pressing stress on his mind and results not only in depression but in many cases an acceptance of some harsh conditions knowing that he has not other option. There are a number of measures that need to be taken by all countries to fix these issues. Here are some of my recommendations:
Create an intra-governmental NGO comprising of GCC countries and countries from where the major work force comes. This NGO will be empowered with bringing about changes in laws on both sides that will help the workers.
Impose punitive fines and punishment on employers and agents who violate the laws, and this should be transparent and without exception.
Enact minimum wage legislation immediately.
Create a special insurance and pension fund for workers to which governments and employers will contribute, with the aim that when the workers retire they have a meaningful financial investment.
Improve the living conditions for workers and make it mandatory for companies to bring care for their workers.
It is important that these measures are enacted immediately and done so in a fully transparent manner. The problem is that the intent of the government is there it just needs to be given more teeth.
I do feel that labor conditions will be a major issue within the realm of the media and various interested parties in the next few months. On the back of this attention there are some who are not making distinction between state sponsored exploitation of migrant workers and the breaking of laws by private companies. I do believe that GCC countries are concerned about labor issues and I know from being here in UAE that this is a matter of concern to the government. Over the years a number of measures have been taken to improve the situation and I understand that in the coming months the scrutiny on labor camps will become more focused.
However, a large number of the abuses start before the migrant worker has even arrived here. Many workers will tell you of the huge amounts of money they pay agents in their home countries prior to them even getting on the plane. In many cases, if not all, the agents are charging the worker for services, i.e. health checks, tickets, approvals and the visa cost, for which the employer in the GCC country has already paid the agent.
Thus the worker arrives into the country to work with a huge debt burden on his head, at times equal to a full years wages. This is perhaps the most pressing stress on his mind and results not only in depression but in many cases an acceptance of some harsh conditions knowing that he has not other option. There are a number of measures that need to be taken by all countries to fix these issues. Here are some of my recommendations:
Create an intra-governmental NGO comprising of GCC countries and countries from where the major work force comes. This NGO will be empowered with bringing about changes in laws on both sides that will help the workers.
Impose punitive fines and punishment on employers and agents who violate the laws, and this should be transparent and without exception.
Enact minimum wage legislation immediately.
Create a special insurance and pension fund for workers to which governments and employers will contribute, with the aim that when the workers retire they have a meaningful financial investment.
Improve the living conditions for workers and make it mandatory for companies to bring care for their workers.
It is important that these measures are enacted immediately and done so in a fully transparent manner. The problem is that the intent of the government is there it just needs to be given more teeth.
Monday, August 20, 2007
Sher Value: Bringing Meaning into the company
As I am planning to join the ranks of motivational speakers I am doing a fair bit if research and some interesting pieces of information are, ofcourse, popping up. However, the more I am digging into the heart of corporate culture and as a consequence, the nature of humans in management I believe some startling revelations surface.
In the first place examining 15 corporate mission statements for companies in the region I was shocked at the way each has used words that either they don’t understand, or words they preached but never really implement. Superlatives such as ‘excellence’ ‘quality’ ‘care’ and others are dropped with such continuity that it is almost as if the proponents of those words in the vision statements of companies want to believe them also.
When one observes the business leaders of these companies with such super vision companies sooner or later, usually before the 15th minute, they have either contradicted themselves or, more commonly, contradicted the very vision statement that they have so eagerly professed on glossy 300 gram paper. In a few cases if one were to refer to the vision statement of the same company as the business leader of the company and without telling him or her you quote from their own vision it is more likely that the business person will not have picked up you were referring to their, not your, vision statement.
Why does this happen?
A variety of reasons but principally a great deal of them believe in the management hype but not the content of the message. In a great number of cases the vision statement was either drafted by a wordsmith from a public relations company or by the coterie around the business leader without the rank and file of the company being involved. In some disastrous cases the by lines of the corporate brand were developed by a marketing and branding company who really have done nothing other than play with words.
The ethos of a company has to be reflected into the communication strategy and not that first the brand tag lines are ‘invented’ and then ‘owned’ by the company. Great companies learn to deliver what they promise, and deliver day in and day out without exception. Companies like Jetblue airways, the low fare airline that created a buzz, have a work ethic that seeps from the top down which shows the care they put in. David Neeleman, the founder and Chairman of JetBlue Airways flies each week on the airline so he can speak to the customers and he lead question is ‘what can we do to improve things?’
More importantly the company operations team each month will deconstruct each delay and examine the reasons for it and what could have been done for the passenger to improve things. The airline has the second best punctuality record of the airlines in the US. The policy on arrival is that within 20 minutes the baggage should be in the hand of the passenger. ‘Give him a 45 minute wait after a one hour flight and that is the last thing he will remember.’ Neeleman knows most of his employees by their first name and drives himself, no fancy cars and a drummed down lifestyle.
Lets learn.
In the first place examining 15 corporate mission statements for companies in the region I was shocked at the way each has used words that either they don’t understand, or words they preached but never really implement. Superlatives such as ‘excellence’ ‘quality’ ‘care’ and others are dropped with such continuity that it is almost as if the proponents of those words in the vision statements of companies want to believe them also.
When one observes the business leaders of these companies with such super vision companies sooner or later, usually before the 15th minute, they have either contradicted themselves or, more commonly, contradicted the very vision statement that they have so eagerly professed on glossy 300 gram paper. In a few cases if one were to refer to the vision statement of the same company as the business leader of the company and without telling him or her you quote from their own vision it is more likely that the business person will not have picked up you were referring to their, not your, vision statement.
Why does this happen?
A variety of reasons but principally a great deal of them believe in the management hype but not the content of the message. In a great number of cases the vision statement was either drafted by a wordsmith from a public relations company or by the coterie around the business leader without the rank and file of the company being involved. In some disastrous cases the by lines of the corporate brand were developed by a marketing and branding company who really have done nothing other than play with words.
The ethos of a company has to be reflected into the communication strategy and not that first the brand tag lines are ‘invented’ and then ‘owned’ by the company. Great companies learn to deliver what they promise, and deliver day in and day out without exception. Companies like Jetblue airways, the low fare airline that created a buzz, have a work ethic that seeps from the top down which shows the care they put in. David Neeleman, the founder and Chairman of JetBlue Airways flies each week on the airline so he can speak to the customers and he lead question is ‘what can we do to improve things?’
More importantly the company operations team each month will deconstruct each delay and examine the reasons for it and what could have been done for the passenger to improve things. The airline has the second best punctuality record of the airlines in the US. The policy on arrival is that within 20 minutes the baggage should be in the hand of the passenger. ‘Give him a 45 minute wait after a one hour flight and that is the last thing he will remember.’ Neeleman knows most of his employees by their first name and drives himself, no fancy cars and a drummed down lifestyle.
Lets learn.
Sunday, August 5, 2007
Sher Value: Escrow Law: adeeper look.
Last week I have established in my mind, unequivocally, that the new law on escrow accounts is indeed in the best interests of the buyer and the market conditions for sure. There are a few refinements to the law, which can be handled through procedures that need to be considered and this is a practical way to see a good law being implemented.
Under the proposed law payments will be certified by the consultants and then the accountants and finally approved by the Land Department. The edict is that the Land Department will approve the payment within 7 days, however, there is no provision in the law to cover the delays. Under current FIDIC procedures, which govern contracts, the employer has 56 days from the day the contractor submits the bill to pay the contractor. In the event that there are delays in this the contractor has the right to claim. These 56 days were determined based upon the time it takes to verify the works, and the documentation of the billing, and hence there never was a chance that a third party (i.e. the Land Department) will check and approve the payment. This means that any delays by the Land Department could most certainly result in a payment delay claim from the contractor. How is this resolved?
Another more crucial element is when there is a dispute between the contractor and the client, then the position of the escrow account and the procedure actually complicate the matter even more. How does then the payment situation resolve itself as under the law as passed there is no provision for the payments to be suspended in such an event.
Interestingly, the banks who are to be the recipients of the escrow funds have suddenly jumped on the issue and some have said that they will have to charge to maintain the escrow account. From what I see in the law the banks have nothing to do in terms of verifying the payments or making any undertaking for the payments. I heard a few developers tell me that banks have suggested a 2% fee for maintaining escrow funds! I think this is totally shameless as banks are not required to do anything extraordinary under the law and I do not see why they should suddenly becomes scalpers in this situation. Indeed I would argue that banks are already holding sale funds that they receive so I do not see any difference on their lives.
One aspect of the law needs to be tightened up is the fiduciary responsibilities of the escrow agents as this is where comfort will be driven into the system. I also feel if escrow agents are specialized accounting and legal firms, as is the case in say the US, then indeed the need for the Land Department to confirm payments does not arise. I am sure these aspects are being looked at and the law will be further refined in its operation.
Under the proposed law payments will be certified by the consultants and then the accountants and finally approved by the Land Department. The edict is that the Land Department will approve the payment within 7 days, however, there is no provision in the law to cover the delays. Under current FIDIC procedures, which govern contracts, the employer has 56 days from the day the contractor submits the bill to pay the contractor. In the event that there are delays in this the contractor has the right to claim. These 56 days were determined based upon the time it takes to verify the works, and the documentation of the billing, and hence there never was a chance that a third party (i.e. the Land Department) will check and approve the payment. This means that any delays by the Land Department could most certainly result in a payment delay claim from the contractor. How is this resolved?
Another more crucial element is when there is a dispute between the contractor and the client, then the position of the escrow account and the procedure actually complicate the matter even more. How does then the payment situation resolve itself as under the law as passed there is no provision for the payments to be suspended in such an event.
Interestingly, the banks who are to be the recipients of the escrow funds have suddenly jumped on the issue and some have said that they will have to charge to maintain the escrow account. From what I see in the law the banks have nothing to do in terms of verifying the payments or making any undertaking for the payments. I heard a few developers tell me that banks have suggested a 2% fee for maintaining escrow funds! I think this is totally shameless as banks are not required to do anything extraordinary under the law and I do not see why they should suddenly becomes scalpers in this situation. Indeed I would argue that banks are already holding sale funds that they receive so I do not see any difference on their lives.
One aspect of the law needs to be tightened up is the fiduciary responsibilities of the escrow agents as this is where comfort will be driven into the system. I also feel if escrow agents are specialized accounting and legal firms, as is the case in say the US, then indeed the need for the Land Department to confirm payments does not arise. I am sure these aspects are being looked at and the law will be further refined in its operation.
Monday, July 30, 2007
Sher Value:Finally a voice for the buyers.
Dubai’s Law no 8, issued in October of last year, but promulgated only last week by its publication into the Official Gazette, brings to the forefront a major development that favor the purchasers of homes. This is a change for a large number of the developers who have been selling off plan units but not linking the payments to the construction schedule. The result of not linking the payments to the construction process has meant that some developers have larger sums of money than the comparative work on the construction itself. For this class of developers the new law will change the way they have been operating.
For those developers who had been linking the payments from the end buyers to the progress of construction the adjustment to the new law will not be an issue. While a few procedural steps have been introduced in the new law, one of he procedures are onerous. Interestingly contractors will like the new law as it will ensure that within seven days of he approval of their bill they will be paid, reducing the risk of delayed payments.
On the face of it the law makes no exceptions for the large developers like Emaar and others who are partially government owned and have established a good track record. In addition, the law does insist on the release of the final 10% after one year and only when all the buyers have registered their units. This does pose some problems as a large number of end buyers do not register their units and rely on the sale and purchase contract as the basis for further sales. I would suggest to the authorities a few clarifications to the law.
I would suggest that provision be made that if a developer is registered with the Department once he would not require re-registration. I also recommend that developers be rated by the Department indicating the number of buildings or projects they have successfully completed and delivered; thus the buyers will know what a 3 star developer is better then a 1 star developer. I would also recommend that provision for the final ten percent be changed to be on either all the units being registered or one year which ever happens first.
The impact of the new law will emerge in the coming weeks. My suspicion is that the speculators who have been buying plots in the past with the intention to flip them will feel the first pinch of the law. On the whole the long term effect of the law will be positive and bring much needed confidence to the market. It must be clear that the law suggests by inference that should a developer build with his own resources and after completion of the building offer completed units for sale the provision of the new law do not apply.
My verdict: a Good law and was much awaited.
For those developers who had been linking the payments from the end buyers to the progress of construction the adjustment to the new law will not be an issue. While a few procedural steps have been introduced in the new law, one of he procedures are onerous. Interestingly contractors will like the new law as it will ensure that within seven days of he approval of their bill they will be paid, reducing the risk of delayed payments.
On the face of it the law makes no exceptions for the large developers like Emaar and others who are partially government owned and have established a good track record. In addition, the law does insist on the release of the final 10% after one year and only when all the buyers have registered their units. This does pose some problems as a large number of end buyers do not register their units and rely on the sale and purchase contract as the basis for further sales. I would suggest to the authorities a few clarifications to the law.
I would suggest that provision be made that if a developer is registered with the Department once he would not require re-registration. I also recommend that developers be rated by the Department indicating the number of buildings or projects they have successfully completed and delivered; thus the buyers will know what a 3 star developer is better then a 1 star developer. I would also recommend that provision for the final ten percent be changed to be on either all the units being registered or one year which ever happens first.
The impact of the new law will emerge in the coming weeks. My suspicion is that the speculators who have been buying plots in the past with the intention to flip them will feel the first pinch of the law. On the whole the long term effect of the law will be positive and bring much needed confidence to the market. It must be clear that the law suggests by inference that should a developer build with his own resources and after completion of the building offer completed units for sale the provision of the new law do not apply.
My verdict: a Good law and was much awaited.
Sunday, July 22, 2007
Sher Value: Management Ethos
These days it doesn’t take much for someone to spot a well run company from a terribly run company; all you need is good eyesight. As I move into helping my wife create a new angle to management training by using horses to learn management skills, because horses never lie, I am noticing more things. My vision was always good to spot management practices, but then sometimes we miss out the small detail, and it is there that difference lies.
My case in point of good management manners comes from Dubai Holding, and its many subsidiaries, and I have had the pleasure to visit, on a number of occasions its Chairman and many of its rank and file management and staff. Did you notice they ALWAYS walk you to the elevator and will say their good byes there, even if it’s the Chairman or a manager of small unit of this giant company. Now that is a fascinating management habit, it warm, it’s engaging and most of all a great habit to have. I am told that then they have internal meetings, after the meeting is over everybody, and I mean everybody, will collect their own litter like coffee cups etc and put it away and tidy up the meeting room. No one leaves the room till this is not done. I think this is such a refreshing approach to management, team building and camaraderie that it is almost bespoke and is the hallmark of a company destined to achieve a great deal more.
I have also seen many other companies who could learn from these examples. There are numerous examples of bad management practices too. You walk into some offices and you feel that air of management neglect. The place reeks of it, people’s hollow smiles, and the silent fear are all visible. One has no option but to stand back and evaluate how a company that cannot take care of its people progress. I often have argued that before we are about being in a business we have to first accept we are in the people business.
Many companies have got this wrong, they will under pay, mistreat and allow the worst sort of politics and practices to come into the office environment and then they wonder why people do not work for the company with zeal and enthusiasm.
I am indeed impressed that a huge company like Dubai Holding has developed a management ethos that is so powerful and visible from the outside. It is all the more important because being what Dubai is all about it highlights the management ethos that almost becomes a trademark of its own. Indeed some of the best management practices are rooted in a sense of humility and sincerity. One has to hope now that others will notice and emulate this example of good management. The dividend of this is unseen and unmeasured but trust me its perhaps the strongest item on the balance sheet of the company: Management Ethos.
My case in point of good management manners comes from Dubai Holding, and its many subsidiaries, and I have had the pleasure to visit, on a number of occasions its Chairman and many of its rank and file management and staff. Did you notice they ALWAYS walk you to the elevator and will say their good byes there, even if it’s the Chairman or a manager of small unit of this giant company. Now that is a fascinating management habit, it warm, it’s engaging and most of all a great habit to have. I am told that then they have internal meetings, after the meeting is over everybody, and I mean everybody, will collect their own litter like coffee cups etc and put it away and tidy up the meeting room. No one leaves the room till this is not done. I think this is such a refreshing approach to management, team building and camaraderie that it is almost bespoke and is the hallmark of a company destined to achieve a great deal more.
I have also seen many other companies who could learn from these examples. There are numerous examples of bad management practices too. You walk into some offices and you feel that air of management neglect. The place reeks of it, people’s hollow smiles, and the silent fear are all visible. One has no option but to stand back and evaluate how a company that cannot take care of its people progress. I often have argued that before we are about being in a business we have to first accept we are in the people business.
Many companies have got this wrong, they will under pay, mistreat and allow the worst sort of politics and practices to come into the office environment and then they wonder why people do not work for the company with zeal and enthusiasm.
I am indeed impressed that a huge company like Dubai Holding has developed a management ethos that is so powerful and visible from the outside. It is all the more important because being what Dubai is all about it highlights the management ethos that almost becomes a trademark of its own. Indeed some of the best management practices are rooted in a sense of humility and sincerity. One has to hope now that others will notice and emulate this example of good management. The dividend of this is unseen and unmeasured but trust me its perhaps the strongest item on the balance sheet of the company: Management Ethos.
Sunday, July 15, 2007
Sher Value: Class Actions-A Matter of Business
One of the amazing things about the promotion of capitalism and free economy is that even what are ostensibly service sectors get into the act of making money. Back in the 1960’s the idea of a class action suit was to reduce litigation costs and to bring some equity into the claim process should the class action be successful. It was a bold legal principle meant to champion the cause of the under privileged and the poor who could not afford a battle against a corporate giant.
Fifty odd ears on and class actions have become a business; some banks also have created private equity funds that back the legal and associated costs of class action battles. The result is that mushrooming of court dockets with class action cases some of which have little to do with justice than with the issues of commercialism.
The case of the case against Wal-Mart, Dukes versus Wal-Mart, filed in 2001 indicates how an employee, Betty Dukes, who was reprimanded by a female supervisor for prolonged lunch breaks, brought a $11 billion class action suit against the company on the basis of alleged sexual discrimination at work. Seven years later the battle continues with major funding backing Dukes s the idea of preying on a corporate giant is appealing to many; irrespective of the merits of the case.
Class action lawyers are not the sort of folk I will have for dinner, (does that mean I have violated some right of theirs), not because I question their social or legal skills, but simply because its too predatory a practice for me to accept. I am all for the underdog, I am all for justice, but can I accept the fact that most class action lawyers will take close to 60% of the settlement in cash. In some cases we find that some of the plaintiffs end up with ‘coupon settlements’ where all they get is coupons to buy more of goods and services from the defendant company, while the lawyers, nit surprisingly, have walked off with most of the cash settlement.
The expansion of this phenomenon has developed two aspects, one is where lawyers are trying to establish international jurisdiction of US courts for class action cases and secondly a move is under way to expand class action norms into the European legal system. This is a dangerous trend as it makes a mockery of what were essentially legal principles to establish fairness and equity. There is talk of bringing class action cases against a number of countries over issues of labor law and other human rights issues. While I am all for fair treatment of people I do have a major problem with American lawyers taking such aggressive positions ignoring their own track record. Have forgotten that some of the ‘Black Code’ laws of the Southern States in the US were formally abolished only about a decade back. Perhaps there is an argument for a class action case against Mississippi for allowing the Jim Crow laws and the Black Codes to continue so far into the progress of human history, and why not file that case in New Delhi? But then this is business not justice.
Fifty odd ears on and class actions have become a business; some banks also have created private equity funds that back the legal and associated costs of class action battles. The result is that mushrooming of court dockets with class action cases some of which have little to do with justice than with the issues of commercialism.
The case of the case against Wal-Mart, Dukes versus Wal-Mart, filed in 2001 indicates how an employee, Betty Dukes, who was reprimanded by a female supervisor for prolonged lunch breaks, brought a $11 billion class action suit against the company on the basis of alleged sexual discrimination at work. Seven years later the battle continues with major funding backing Dukes s the idea of preying on a corporate giant is appealing to many; irrespective of the merits of the case.
Class action lawyers are not the sort of folk I will have for dinner, (does that mean I have violated some right of theirs), not because I question their social or legal skills, but simply because its too predatory a practice for me to accept. I am all for the underdog, I am all for justice, but can I accept the fact that most class action lawyers will take close to 60% of the settlement in cash. In some cases we find that some of the plaintiffs end up with ‘coupon settlements’ where all they get is coupons to buy more of goods and services from the defendant company, while the lawyers, nit surprisingly, have walked off with most of the cash settlement.
The expansion of this phenomenon has developed two aspects, one is where lawyers are trying to establish international jurisdiction of US courts for class action cases and secondly a move is under way to expand class action norms into the European legal system. This is a dangerous trend as it makes a mockery of what were essentially legal principles to establish fairness and equity. There is talk of bringing class action cases against a number of countries over issues of labor law and other human rights issues. While I am all for fair treatment of people I do have a major problem with American lawyers taking such aggressive positions ignoring their own track record. Have forgotten that some of the ‘Black Code’ laws of the Southern States in the US were formally abolished only about a decade back. Perhaps there is an argument for a class action case against Mississippi for allowing the Jim Crow laws and the Black Codes to continue so far into the progress of human history, and why not file that case in New Delhi? But then this is business not justice.
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