ArcelorMittal has made a bold offer on India's Essar Steel. Reuters
ArcelorMittal has made a bold offer on India's Essar Steel. Reuters

Mittal's Essar bid overly complicated by legal drama



It’s a forlorn sight when emerging markets stage a creditable performance and investors don’t turn up. It’s miserable when patrons head for the exit after denouncing the play as a flop.

While it’s still grappling with the second problem, India also has a third. It has a good show going, for which the likes of ArcelorMittal are reluctantly paying a $1 billion cover charge, but legal plot twists are spoiling the entertainment.

The drama in question is the $7 billion bankruptcy of Essar Steel. The 420bn rupee (Dh21.2bn) offer for the asset announced by ArcelorMittal on Monday is unexpectedly bold. If accepted by creditors, it would see their secured principal claims repaid in full, bringing relief to a banking system weighed down by more than $200bn in stressed loans.

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The timing is also nice. With the rupee hitting record lows amid the emerging markets sell-off, India should be welcoming hard-currency offers like ArcelorMittal’s, which is higher by 50bn rupees than the second bid by Numetal, a consortium backed by Russia’s VTB Capital.

Additionally, the London-based Indian billionaire Lakshmi Mittal is being arm-twisted into ponying up $1 billion to settle two other, unconnected nonperforming loans to Indian banks. This is only because he badly wants a big presence in his home country, and he - or parties connected to him - won’t be eligible for Essar’s 10-million-tons-a-year plant without the side payment.

That’s the law, as he was told recently by the appellate authority of India’s insolvency tribunal. Mittal is challenging the ruling in India’s Supreme Court on the grounds that eligibility norms are not being uniformly applied. Numetal is being permitted to stay in the race for Essar by simply ejecting the latter’s ineligible founders - the Ruia family - from its consortium. But when it comes to ArcelorMittal, which has similarly sold its stake in Uttam Galva Steels, the appellate body is insisting that it clear the company’s nonperforming loans first.

India’s banking regulator was hoping in June last year that the country’s new insolvency law would live up to its promise of resolving big-ticket corporate bankruptcies in nine months. However, in Essar’s case, 15 months have gone by, and it looks like bidding will start afresh.

More frustratingly, whatever the bidding outcome, a fat check for loss-laden banks will remain stuck in legal tangles. What should have been a simple question of deciding who’s willing to shell out the most for a prized asset has become a complex debate about who’s deemed eligible to pay anything at all.

Creditors are biting their nails. Steel assets are giving them the best recovery rates on nonperforming loans; they will pray the sale gets done while the good times last.

India’s new bankruptcy law will eventually become stronger as it gets tested by tricky situations. The precedent set by Essar will send a message to the Ruias and other corporate maharajahs on how seriously they should take the risk of losing their crown jewels if they don’t settle overdue loans.

Yet given the urgency to sort out the banking mess, the lesson is also a costly one. The value of Essar Steel has gone up over the past year because the industry’s economics have improved. Besides, the plant is of strategic interest to Mittal, a global steel tycoon who has never been allowed by rivals to build a sizable business in his home country. Most other – and especially smaller – bankruptcies won’t be blessed by these special factors, and will lead to liquidation if their original owners can’t buy the assets back in partnership with vulture funds and other specialist investors.

Let the delay in selling Essar be a wake-up call. India’s insolvency law needs a further tweak to make it more about money and less about morals.

RESULTS

6.30pm: Longines Conquest Classic Dh150,000 Maiden 1,200m.
Winner: Halima Hatun, Antonio Fresu (jockey), Ismail Mohammed (trainer).

7.05pm: Longines Gents La Grande Classique Dh155,000 Handicap 1,200m.
Winner: Moosir, Dane O’Neill, Doug Watson.

7.40pm: Longines Equestrian Collection Dh150,000 Maiden 1,600m.
Winner: Mazeed, Richard Mullen, Satish Seemar.

8.15pm: Longines Gents Master Collection Dh175,000 Handicap.
Winner: Thegreatcollection, Pat Dobbs, Doug Watson.

8.50pm: Longines Ladies Master Collection Dh225,000 Conditions 1,600m.
Winner: Cosmo Charlie, Pat Dobbs, Doug Watson.

9.25pm: Longines Ladies La Grande Classique Dh155,000 Handicap 1,600m.
Winner: Secret Trade, Tadhg O’Shea, Ali Rashid Al Raihe.

10pm: Longines Moon Phase Master Collection Dh170,000 Handicap 2,000m.
Winner:

Company profile

Name: Dukkantek 

Started: January 2021 

Founders: Sanad Yaghi, Ali Al Sayegh and Shadi Joulani 

Based: UAE 

Number of employees: 140 

Sector: B2B Vertical SaaS(software as a service) 

Investment: $5.2 million 

Funding stage: Seed round 

Investors: Global Founders Capital, Colle Capital Partners, Wamda Capital, Plug and Play, Comma Capital, Nowais Capital, Annex Investments and AMK Investment Office  

Fines for littering

In Dubai:

Dh200 for littering or spitting in the Dubai Metro

Dh500 for throwing cigarette butts or chewing gum on the floor, or littering from a vehicle. 
Dh1,000 for littering on a beach, spitting in public places, throwing a cigarette butt from a vehicle

In Sharjah and other emirates
Dh500 for littering - including cigarette butts and chewing gum - in public places and beaches in Sharjah
Dh2,000 for littering in Sharjah deserts
Dh500 for littering from a vehicle in Ras Al Khaimah
Dh1,000 for littering from a car in Abu Dhabi
Dh1,000 to Dh100,000 for dumping waste in residential or public areas in Al Ain
Dh10,000 for littering at Ajman's beaches 

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Real estate tokenisation project

Dubai launched the pilot phase of its real estate tokenisation project last month.

The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.

Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.

Skewed figures

In the village of Mevagissey in southwest England the housing stock has doubled in the last century while the number of residents is half the historic high. The village's Neighbourhood Development Plan states that 26% of homes are holiday retreats. Prices are high, averaging around £300,000, £50,000 more than the Cornish average of £250,000. The local average wage is £15,458. 

How to wear a kandura

Dos

  • Wear the right fabric for the right season and occasion 
  • Always ask for the dress code if you don’t know
  • Wear a white kandura, white ghutra / shemagh (headwear) and black shoes for work 
  • Wear 100 per cent cotton under the kandura as most fabrics are polyester

Don’ts 

  • Wear hamdania for work, always wear a ghutra and agal 
  • Buy a kandura only based on how it feels; ask questions about the fabric and understand what you are buying

The Al Barzakh Festival takes place on Wednesday and Thursday at 7.30pm in the Red Theatre, NYUAD, Saadiyat Island. Tickets cost Dh105 for adults from platinumlist.net

Ms Yang's top tips for parents new to the UAE
  1. Join parent networks
  2. Look beyond school fees
  3. Keep an open mind
Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Tips for taking the metro

- set out well ahead of time

- make sure you have at least Dh15 on you Nol card, as there could be big queues for top-up machines

- enter the right cabin. The train may be too busy to move between carriages once you're on

- don't carry too much luggage and tuck it under a seat to make room for fellow passengers

MATCH INFO

Uefa Champions League semi-final, first leg

Bayern Munich 1
Kimmich (27')

Real Madrid 2
Marcelo (43'), Asensio (56')

THE SPECS

Engine: 6.75-litre twin-turbocharged V12 petrol engine 

Power: 420kW

Torque: 780Nm

Transmission: 8-speed automatic

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The National's picks

4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young

NO OTHER LAND

Director: Basel Adra, Yuval Abraham, Rachel Szor, Hamdan Ballal

Stars: Basel Adra, Yuval Abraham

Rating: 3.5/5

A MINECRAFT MOVIE

Director: Jared Hess

Starring: Jack Black, Jennifer Coolidge, Jason Momoa

Rating: 3/5

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Match info

Manchester United 1
Fred (18')

Wolves 1
Moutinho (53')

How to tell if your child is being bullied at school

Sudden change in behaviour or displays higher levels of stress or anxiety

Shows signs of depression or isolation

Ability to sleep well diminishes

Academic performance begins to deteriorate

Changes in eating habits

Struggles to concentrate

Refuses to go to school

Behaviour changes and is aggressive towards siblings

Begins to use language they do not normally use

Opening weekend Premier League fixtures

Weekend of August 10-13

Arsenal v Manchester City

Bournemouth v Cardiff City

Fulham v Crystal Palace

Huddersfield Town v Chelsea

Liverpool v West Ham United

Manchester United v Leicester City

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The Book of Collateral Damage

Sinan Antoon

(Yale University Press)