FT : Oleg Deripaska sees off legal challenge over share dispute

Oleg Deripaska sees off legal challenge over share dispute
London’s High Court dismisses contempt of court case against metals tycoon brought by a former colleague

Russian metals magnate Oleg Deripaska has defeated an attempt by a former business associate to have him fined or jailed for contempt of court in London’s High Court.

Deripaska, the founder of Russian conglomerate EN+, had faced contempt of court proceedings last month brought by Vladimir Chernukhin, a British citizen and a former deputy finance minister under President Vladimir Putin as well as being the husband of a Conservative party donor.

Chernukhin had brought the court case claiming Deripaska had breached legal undertakings made to him in 2018 where Deripaska pledged EN+ shares in a legal dispute between the two men over a valuable piece of land in Moscow.

Chernukhin applied for the Russian metals tycoon to be found to be in contempt of court — which if proven is punishable by a prison sentence or fine. Deripaska had denied breaching the promises which his lawyers told the court he had treated “with respect and care”

Judge Mark Pelling ruled on Wednesday that the case against Deripaska should be dismissed because Chernukhin had not proved the case to the criminal standard. “It follows that this application fails and is dismissed,” he said.

Pelling said that it was for Chernukhin’s side “to prove to the criminal standard that the effect of changing En+’s domicile from Jersey to Russia was to automatically cancel the shares referred to in the undertakings. They have failed to do so.” the judge ruled.

Deripaska, who gave evidence in the case via video link from Moscow, is subject to UK and US sanctions because of his alleged links to President Putin’s regime.

In the case, Chernukhin claimed that Deripaska had breached legal undertakings given to the court over a parcel of EN+ shares which had been designed to give him assurance that the metals tycoon had sufficient assets in the UK to pay a potential $95mn legal award from the Moscow land court case. Deripaska has since paid Chernukhin the $95mn award in full.

Chernukhin had sought the legal promises in 2018 after the US government hit Deripaska and En+ with sanctions which prompted fears that the metals tycoon would redomicile En+ from Jersey to Russia and move his assets to Russia out of reach of the English courts, the High Court heard last month.

However, the High Court was told that months after the undertakings were given by Deripaska, EN+ was relocated from Jersey to Moscow as part of a wider plan drawn up by its British chair Lord Greg Barker to get the US sanctions on EN+ revoked.

In a statement on Wednesday Deripaska said he was “glad to see” that “despite the ongoing frenzy, the UK courts demonstrate independence and choose to rule cases on their merits.” Chernukhin’s lawyers did not immediately respond to a request for comment.

FT : Argentina faces €1.3bn bill after losing case over GDP-linked debt

Argentina faces €1.3bn bill after losing case over GDP-linked debt
Ruling comes days after Buenos Aires lost New York court case over oil company expropriation

Argentina is facing having to pay more than €1.3bn to compensate investors after losing a High Court case over remittances due on bonds linked to the country’s economic growth.

The ruling is a big blow to the South American debtor, which is running low on foreign exchange reserves amid an accelerating economic crisis. It comes only days after Buenos Aires lost a court case in New York over the 2012 expropriation of the oil company YPF from Spain’s Repsol.

The High Court in London ruled on Wednesday against Argentina in a lawsuit that revolved around gross domestic product-linked securities issued in two tranches in 2005 and 2010, initially as part of a sovereign debt restructuring following a financial crisis.

The lawsuit brought by four corporate and institutional investors, including Palladian Partners, was connected to a dispute that arose after Argentina changed its method of calculating GDP in 2013 and whether it was under an obligation to make a payment under the securities after the change in methodology.

The funds — Palladian Partners, HBK Master Fund, Hirsh Group and Virtual Emerald — had argued that after the change, Argentina did not correctly follow the terms of the bonds.

The investors brought legal action in the High Court in 2019 claiming compensation for their losses. Argentina tried and failed to strike out the case ahead of trial in 2020 and it was heard last year. Lawyers representing Argentina signalled in court on Wednesday that it plans to appeal against the ruling.

On Wednesday Mr Justice Simon Picken ruled against Argentina and in favour of the investors. He said the amount owed to holders of the securities was €1.33bn plus interest, of which €643mn would go to the four investors who brought the case.

The separate New York case against Argentina over the YPF expropriation could prove considerably more costly. The claimants — entities funded by Burford Capital — are seeking $10bn-$20bn, according to a Spanish law firm involved in the case, though last week’s ruling is still subject to appeal.

Aidan O’Rourke, partner at Quinn Emanuel, who acted for the investors in the London court hearing, said: “The claimants are very pleased with the Court’s judgment, which corresponds to the clear wording of the warrants. This money should have been paid to warrant holders in 2014 when it first became due, and the claimants look forward to all holders finally now receiving payment.”

Sullivan & Cromwell, the law firm that represented Argentina, said: “The republic believes that the London court has wrongly interpreted the terms of the securities and intends to seek permission to appeal.”

FT : Ukraine ‘ready’ to talk to Russia on Crimea if counteroffensive succeeds

Ukraine ‘ready’ to talk to Russia on Crimea if counteroffensive succeeds
Senior official says Kyiv does not exclude liberation of occupied peninsula by military means

Kyiv is willing to discuss the future of Crimea with Moscow if its forces reach the border of the Russian-occupied peninsula, a top adviser to President Volodymyr Zelenskyy has told the Financial Times.

The comments by Andriy Sybiha, deputy head of Zelenskyy’s office, are the most explicit statement of Ukraine’s interest in negotiations since it cut off peace talks with the Kremlin last April.

“If we will succeed in achieving our strategic goals on the battlefield and when we will be on the administrative border with Crimea, we are ready to open [a] diplomatic page to discuss this issue,” Sybiha said, referring to Kyiv’s long-planned counteroffensive.

He added: “It doesn’t mean that we exclude the way of liberation [of Crimea] by our army.”

Sybiha’s remarks may relieve western officials who are sceptical about Ukraine’s ability to reclaim the peninsula and worry that any attempt to do so militarily could lead President Vladimir Putin to escalate his war, possibly with nuclear weapons.

To date Zelenskyy has ruled out peace talks until Russian forces leave all of Ukraine, including Crimea.

Sybiha is a veteran diplomat who focuses on foreign policy in the president’s office and has been at Zelenskyy’s side at key moments in the war.

He said the president and his aides were now talking specifically about Crimea, as Ukraine’s army gets closer to launching its counteroffensive to regain territory.

A spokesperson for Zelenskyy did not respond to requests for comment.

Rear Admiral Tim Woods, the British defence attaché in Washington, said on Wednesday that Crimea would need “a political solution because of just the concentration of force that is there and what it would mean for the Ukrainians to go in there”.

He added: “I don’t think there’s going to be a very quick military solution . . . hence we need to see what are favourable conditions for Ukraine to negotiate and I think Ukraine would be up for that.”

In the early days of the war, Ukraine was willing to negotiate with Moscow over the future of Crimea rather than insisting on regaining it militarily at all costs.

But at present the only known contacts between Kyiv and Moscow are to negotiate prisoner of war exchanges and the return of children forcibly deported to Russia.

Ukraine broke off the peace talks after the discovery of alleged Russian war crimes in the Kyiv suburb of Bucha, while Zelenskyy signed a decree declaring negotiations with Putin impossible after the Kremlin annexed four provinces in September.

Ukraine’s president has repeatedly made clear his ultimate goal of bringing all his country’s land, including Crimea, under Kyiv’s control.

But in May last year he indicated Ukraine could consider a peace deal if Russian forces returned to positions in eastern Ukraine predating last year’s invasion and suggested the issue of Crimea would be resolved later through diplomacy.

Crimea has been under Russian occupation since February 2014 and was annexed by Moscow the following month after a mock referendum — a move condemned internationally as an illegal land grab.

Ukrainian forces have recently stepped up their attacks on Russian military facilities in the peninsula, including land and sea-based drone assaults.

Kyiv is also hoping that its coming counteroffensive will make headway south — possibly through Zaporizhzhia province — and sever a land bridge that allows Russia to supply its invasion forces from Crimea.

Mykhailo Podolyak, a Zelenskyy adviser, told Radio Free Europe on Wednesday that Ukrainian forces would be on Crimea’s doorstep in “five to seven months”.

But some of Ukraine’s western allies fear Putin could resort to tactical nuclear weapons to defend the peninsula, whose status the Kremlin says is non-negotiable.

“Some of them are so afraid of Ukraine approaching the administrative border of Crimea that they are directly or indirectly trying to postpone this moment,” said Alyona Getmanchuk, director at the New Europe Centre, a Kyiv-based think-tank.

She added that concern was so high about fighting over Crimea escalating that it affected some allies’ “decisions on what kind of weapons to supply Ukraine with and at what speed”.

Getmanchuk also said the Ukrainian leadership felt “that after a successful counteroffensive [in the rest of the country] Putin might be eager to talk”.

But a shift by Ukraine on negotiations could face resistance at home. A poll in February and March by the Kyiv International Institute of Sociology found 87 per cent of Ukrainians considered any territorial concessions to achieve peace unacceptable. Only 9 per cent said they would accept concessions if it meant lasting peace.

The poll found 64 per cent of Ukrainians want Ukraine to try to retake all of its territory, including Crimea, “even if there is a risk of a decrease in western support and a risk of a protracted war”.

FT : Hedge funds make $7bn from betting against banks during turmoil

Hedge funds make $7bn from betting against banks during turmoil
Short sellers’ March haul was their largest from the banking sector since 2008

Hedge funds made more than $7bn in profits by betting against bank shares during the recent crisis that rocked the sector, their biggest such haul since the 2008 financial crisis.

The bumper gains came during a bleak month for banks, with the collapse of Silicon Valley Bank and the emergency sale of Credit Suisse affecting the wider sector. Amid plunging share prices, German chancellor Olaf Scholz was forced to dismiss fears about the health of Deutsche Bank and California-based First Republic was bailed out by larger rivals.

Short sellers — who borrow stock and sell it, hoping to buy it back at a lower price — made estimated total profits of around $1.3bn from short positions taken against SVB, according to data firm Ortex. A further $848mn in gains came from bets against First Republic, whose shares fell 89 per cent in March.

Investors made $684mn from shorting Credit Suisse, as a crisis of confidence in the Swiss lender sent its shares tumbling 71 per cent, according to the data. Profits from short positions across the US and European banking sector as a whole totalled $7.2bn.

“March was the single most profitable month for short sellers in the banking sector since the 2008 financial crash,” said Ortex co-founder Peter Hillerberg. While bank stocks also fell sharply in early 2020 during the onset of the coronavirus pandemic, fewer funds were shorting the sector at the time, limiting gains, he said.

Barry Norris, chief investment officer at Argonaut Capital, said he had enjoyed a “stellar” month, thanks to bets against banks including Credit Suisse and First Republic. His Argonaut Absolute Return fund gained more than 6 per cent.

London-based Marshall Wace, one of the world’s biggest hedge fund firms, was also among those placing bets, shorting 0.7 per cent of Deutsche Bank’s shares. Funds netted gains of around $40mn from bets against the German lender.

Many hedge funds responded to the growing turmoil by increasing their short positions.

Bets against Credit Suisse, for instance, were running at just 3.5 per cent of the bank’s outstanding shares at the start of March, according to S&P Global Market Intelligence, as measured by shares out on loan, but had jumped to 14 per cent by March 20, the day after Credit Suisse was sold to UBS.

Short interest in First Republic rocketed from just 1.3 per cent at the start of the month to 38.5 per cent by March 30.

Other managers who benefited include Ravi Chopra’s US-based hedge fund firm Azora Capital, which profited from bets against US regional banks, according to a person familiar with its positions. Azora did not respond to a request for comment.

Short sellers’ gains on Deutsche Bank, however, were more muted. While bets against the bank were quickly raised from 1.4 per cent at the start of the month to as much as 6.1 per cent by March 28, the bank’s shares had already bottomed on March 24 — the day of Scholz’s comments — and have since recovered some ground, eroding funds’ gains.

Hedge funds appear to be expecting further problems to emerge in the sector. Short interest in First Republic remains only marginally below the March high at 37.3 per cent, while bets against Deutsche have also fallen only slightly.

Argonaut’s Norris highlighted the US Federal Reserve’s liquidity assistance programme announced last month. This, he said, reduces the risk of weaker US regional banks going bust owing to a lack of liquidity, but the high rate of interest being charged could lead to “a catastrophic impact on net interest margins, creating a solvency risk”.

“The liquidity crisis is probably over, but the solvency crisis is about to begin,” he said.

>>> US After Hours Summary: Relatively quiet after-hours session; FOXF +2% on reaffirmed guidance; LITE -10% down on lowered Q3 guidance; COST -2.1% slipping on March data; ABBV -0.8% edging lower on lowered FY23 EPS outlook


After Hours Summary: Relatively quiet after-hours session; FOXF +2% on reaffirmed guidance; LITE -10% down on lowered Q3 guidance; COST -2.1% slipping on March data; ABBV -0.8% edging lower on lowered FY23 EPS outlook

After Hours Gainers:

Companies trading higher in after hours in reaction to earnings/guidance: FOXF +2% (guidance)

Companies trading higher in after hours in reaction to news: PL +5.7% (executive purchases $1.9 mln of stock), TGB +0.3% (files $600 mln mixed shelf)

After Hours Losers:

Companies trading lower in after hours in reaction to earnings/guidance: LITE -10% (guidance; increases repurchase program), SLP -2.6%, ABBV -0.8% (guidance)

Companies trading lower in after hours in reaction to news: COST -2.1% (reports March data), AMPL -0.6% (reducing workforce by 13%), DIS -0.2% (naming new head of streaming, according to Variety), TSLA -0.2% (adopted amendments to bylaws), CBOE -0.1% (reports March trading volume)

Forbes : Le classement FORBES FRANCE 2023 des 43 milliardaires français

Le classement FORBES FRANCE 2023 des 43 milliardaires français


CLASSEMENT | Comme chaque année, Forbes France vous propose le classement de référence des milliardaires français, extrait du top mondial de Forbes US. Fait remarquable, les deux premières personnalités de ce palmarès, Bernard Arnault et Françoise Bettencourt Meyers, sont devenus pour la première fois l’homme et la femme les plus riches du monde.

CE CRU 2023 EST HISTORIQUE. L’homme le plus riche du monde et la femme la plus riche du monde sont français et pèsent à eux deux plus de 270 Mds d’euros. Certains pousseront des cocoricos, d’autres des cris d’orfraie, mais la réalité est incontestable et inédite : Bernard Arnault, président fondateur de LVMH, et Françoise Bettencourt Meyers, héritière de L’Oréal, sont chacun numéro un mondial. Un résultat concomitant dont Forbes France ne peut que se réjouir car il témoigne de la vigueur de l’économie française malgré les crises successives que notre pays traverse, directement ou indirectement.

Le secteur du luxe et de la cosmétique se porte d’ailleurs comme un charme puisque, derrière les deux personnalités citées, les trois suivants qui complètent le quintette de tête en sont aussi de puissants représentants : François Pinault (3), fondateur de Kering, et Alain et Gérard Wertheimer (4 et 5), propriétaires de Chanel SA. Le premier milliardaire du classement venu d’un autre horizon est Emmanuel Besnier (6), patron de Lactalis, qui arrive assez loin derrière les deux frères incarnant l’élégance hexagonale, à la tête d’une fortune estimée à 20,4 Mds d’euros.

Autres enseignements de ce palmarès, il y a deux sortants, Francis Holder, président des boulangeries/pâtisseries Paul, et le vigneron Clément Fayat, et pas vraiment de nouveaux entrants. On reste cependant sur un total de 43 membres du club, car la fortune de la famille Saadé aux manettes du groupe éponyme, troisième compagnie de transport maritime de la planète, s’est répartie sur les têtes des trois enfants du fondateur Jacques Saadé, Rodolphe, Tanya et Jacques Jr, respectivement aux 8e, 9e et 10e places. On s’intéressera aussi aux performances des deux frères ennemis de la téléphonie mobile, Xavier Niel et Patrick Drahi, patrons de Free et SFR, pour constater qu’ils sont tous les deux en baisse dans notre top (18e et 22e). Être des tycoons des médias ne protège donc pas des revers – relatifs – de fortune…

Pour le reste, il semblerait que l’effet Covid qui avait boosté des entreprises liées à la santé se soit atténué, même si Stéphane Bancel, directeur général de Moderna Therapeutics, le laboratoire qui fut l’un des premiers à mettre au point un vaccin contre le coronavirus, s’installe dans notre palmarès (21e), détenteur d’une fortune estimée à 4,1 Mds d’euros.

Notons enfin qu’en 2023, le palmarès Forbes des milliardaires français compte sept femmes, pour la plupart des héritières.

FT : Debt, graft and mismanagement: Greek train crash was ‘waiting to happen’

Debt, graft and mismanagement: Greek train crash was ‘waiting to happen’
International creditors found €11bn debt on the books of Greece’s railway company

Greece has resumed passenger traffic on the railway destroyed in the country’s deadliest crash more than a month ago. But the nation is still struggling to identify those responsible for the years of neglect, mismanagement and corruption that led to the accident.

The collision between a passenger train and a freight train in February claimed the lives of 57 people and has turned into a moment of reckoning about the failure of successive governments and international creditors to transform a railway operator that had accumulated €11bn in debt. Former executives said the company had a culture of mismanagement, political favours, and lack of interest in improving the safety of the network.

With the accident front and centre in every public discussion, the government of Kyriakos Mitsotakis last month decided to postpone parliamentary elections by a month to May 21.

“I’m lucky to be alive in this country. I’m embarrassed that I live in Greece,” said Vasiliki Economaki, a 19-year-old studying physiotherapy in Thessaloniki and one of the survivors of the crash. “We are all to blame, as we did nothing all these years,” she said a few days after the collision.

Passenger traffic between Athens and Thessaloniki resumed on Monday for the first time since the crash, with transport minister George Gerapetritis giving assurances that safety has been restored to the line. He said authorities were rushing to complete a new signalling and remote control system by September, in line with international safety standards.

That system was due to be installed in 2016, but it was postponed seven times. Experts argue that if the system had been in place the crash would have been avoided. “If the system existed, the possibility for an accident would be one in a million,” said Christos Retsinas, former head of security for Trainose, the company that owned the trains in Greece until it was privatised in 2017 as part of bailout conditions.

Because the system was in part funded by EU money, the European public prosecutor in 2021 launched an investigation into the tender, suspecting the bloc’s financial interests might be at risk.

The causes of the accident are not fully known and the investigation continues. The stationmaster on duty has been charged with negligent homicide and his case is being handled in Greek courts.

The crash was a disaster waiting to happen, according to former executives and transport experts, given the poor state of the infrastructure and the mountain of debt accumulated by the state-owned railway operator, OSE, in the years leading up to the 2010 sovereign debt crisis.


The picture painted by former officials and executives involved with the state railway is one of successive governments that spent millions of EU and Greek funds on overpriced investments that were never completed, appointed some executives without proper qualifications, and left the railway with unfit equipment and poor maintenance.

“It is the worst version of the state, the last vestige of a state-run Soviet system, ruled by vested interests,” said Thanasis Ziliaskopoulos, the former chief executive of Trainose. “Investments were made based on political criteria and not on what the market needed.”

In 2010, officials representing the country’s creditors went through public accounts and found a railway company saddled with €11bn of debt. Their mandate was to make it financially viable. And even though to some extent they did, the company was never truly reformed.

In the years preceding the economic meltdown that hit the country, the railway company’s debt was rising by 55 per cent annually. When Ziliaskopoulos took over as chief of Trainose in 2010, “the company was facing financial chaos”, he said. He was faced with an annual deficit of €240mn euros just to keep operations going.

At one of the first meetings with IMF representatives in the spring of 2010, Ziliaskopoulos remembered one of them shouting “shut it down!” — because it was deemed a hopeless case.

“A railway company with €11bn of debt means that there was severe mismanagement,” said Thomas Wieser, who was the euro area’s chief official during much of the sovereign debt crisis. “You need politicians who really want to do something about it. [I’m] not sure that was the case in Greece and that is why a shock therapy was needed.”

When Greece’s bailout conditions were drafted, the “troika” of international creditors called for the railway’s operational activities to become profitable.

One of the measures was to cut back on staff. Greece’s railways employed 12,500 people in 2010. After the troika’s involvement, just 2,600 remained employed by OSE and in 2021 numbers had further reduced to 2,000.

Takis Theofanopoulos, who took over as president of OSE in 2010, said that as experienced train and railway station workers reached retirement age, “I knew we would soon face shortages that would be hard to deal with.”

Other restructuring measures included slashing the generous pay deals trade unions had secured for railway workers and cutting back on train connections with few passengers. The culture was slow to change, however. Fuel was routinely stolen from the company’s stock and free tickets were handed out as political favours, with the company struggling to make any profits, according to Ziliaskopoulos.

Well aware of the deteriorating infrastructure, he sought to compensate by appointing extra safety personnel onboard and in all main stations. “I did not sleep peacefully at night,” he said.

A further challenge to the safety of the network was frequent raids by copper thieves. “It was impossible to safeguard 2,500km of rails without an organised plan by the police and secret services,” said Theofanopoulos, who said the problem persists. Even if a modern signalling system were to be placed in the rails, it would end up being stolen, he said.

Soon after Greece exited its reform program in 2018 the extra layers of security that were put in place in previous years started being eliminated.

Trainose was sold to Italy’s state-owned railway company, renamed Hellenic Train in 2022 and given control of passenger and freight operations, while OSE kept control of the network.

“The supervisor of the train master was stripped of his responsibilities, while the control centre in Athens was split into two,” said Retsinas. “With these changes, an accident was waiting to happen.”

Hellenic Train said it operates “in full compliance” with railway sector rules, adding that it has “two train drivers in the cockpit, and a master conductor in the coaches”.