Australian group Macquarie will inject R$500m and become a partner of CLI

07/18/2022


Rumo — the logistics company of the producer of bioethanol, sugar and energy Cosan —signed last Friday the contract for the sale of two terminals in the Port of Santos to CLI (Corredor Logística e Infraestrutura), a company controlled by IG4 Capital. The agreement is for R$1.4 billion. Eighty percent of the shares of the assets will be sold, and Rumo will continue as minority shareholder, with 20%.

The two terminals sold are T16 and T19, located on the right bank of the port and intended for grain and sugar handling. The lease contract for the two areas runs until 2035. The obligations of the concession also include investments of R$600 million to expand the handling capacity of the assets by 20%.

In 2021 (year affected by crop failure), the terminals transported 12.7 million tonnes. In the first quarter of 2022, 3 million tonnes were handled.

The conclusion of the operation still depends on the approval of the port regulator Antaq and the antitrust regulator CADE.

Today, CLI already operates a grain terminal in the Port of Itaqui, in Maranhão state. The “white flag” operator is one of the four controlling companies of the Maranhão Grain Terminal (Tegram) — the others are companies linked to commodity trading companies. “We want to bring the same efficiency gains that we implemented in Itaqui to Santos,” said the CEO, Helcio Tokeshi.

The operation also marks the ingress of Macquarie Asset Management in CLI. The Australian group will become a partner of IG4 Capital, with a 50% stake in the logistics operator. The entry will be made through a capital increase of R$500 million, which will be fully subscribed by the Macquarie Infrastructure Partners V (MIP V) fund.

Macquarie had already tried to make a large investment with IG4 in 2021, when they made an offer for Andrade Gutierrez’s share in CCR. The operation, however, did not develop.

“With this acquisition, CLI becomes the largest independent operator of port infrastructure and logistics for agribusiness in the country,” says Paulo Mattos, co-founder of IG4.

When asked about the possibility of new acquisitions, Mr. Tokeshi said that CLI “is interested in continuing to grow. According to a market source, the company is already negotiating with trading and logistics companies in other regions of the country to expand the platform.

For Rumo, the sale is a way to ensure the expansion of port terminals in Santos and, at the same time, to deleverage the company. The company will have, in the coming years, multimillion investment commitments in its railroads — such as those resulting from the renewal brought forward of the Paulista Railway, the concession of the North-South Railway and the new project to extend the North Railway, up to Lucas do Rio Verde (Mato Grosso state).

“We want to focus on the railroad. We have a very robust investment plan and using opportunities like this to deleverage the company is part of our strategy”, says Rafael Bergman, Rumo’s CFO and Investor Relations officer.

The shared terminal operation model has been a standard in the company. In the Norte-Sul railroad, for example, several terminals built along the railroad were built with partners. In the Port of Santos itself, Rumo has a minority stake in three other port terminals, which are not part of the operation with CLI: TXXXIX (grain terminal, with Caramuru), Termag (fertilizer terminal, with Bunge) and TGG (grain terminal, with Bunge and Amaggi).

*By Taís Hirata — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Survey shows there is room for more medicines, vaccines to be produced here

07/18/2022


Brazil’s growing dependence on imported drugs led pharmaceutical companies to submit to the presidential candidates a package of proposals to foster local production of drugs and raw materials. The document entitled “Improving Health in Brazil – Industry Proposals” provides alternatives for improving rules and encourage innovation and investments.

“The solution is not to restrict imports, but to make better use of the productive base and concentrate value generation here,” says Reginaldo Arcuri, head of FarmaBrasil Group, which represents the pharmaceutical companies that operate in research, development and innovation and subscribes the document.

From January to May, according to a survey conducted by the trade group, purchases of medicines abroad grew 35% compared to the averages of 2020 and 2021, reaching $4.29 billion in absolute values this year. Compared to previous years (2015 to 2019), the increase is more significant, of 56%.

The Covid-19 pandemic has increased the most recent figures for foreign purchases. In the first two years of the pandemic, drug imports grew 15% over the average of the previous five-year period.

Still, the survey shows that there is room for more medicines and vaccines to be produced here if there was more dialogue between government and industry and public policies to encourage production in Brazil.

Brazil already has a solid production base and structural conditions on the government’s side, but these need to be improved, Mr. Arcuri says. In addition, the country is a large market driven by the national health system SUS – which provides universal health coverage – and a scientific production structure.

“Brazil can accelerate the chance of having a new world-class economic sector, but there needs to be more coordination between the private sector and the state’s structures,” he says.

In his view, the statistics make clear the growth trend of foreign purchases of active pharmaceutical ingredients (APIs), which was already known, but also of ready-made drugs considered strategic. Once a major producer of raw materials, Brazil now imports 95% of the API used in the local production of medicines.

Grupo FarmaBrasil’s survey shows that, this year, imports were driven by the 41% increase in the purchase of biotech products compared with the average of the pandemic period, and 110% compared with the average of the 2015-2019 period.

Pharmochemical products saw growth of 23% this year compared to the pandemic period and 59% compared to the average for the five years prior to the pandemic.

According to the study, 54.8% of the medicines imported by Brazil between January and May came from five countries: Belgium ($684 million), the United States ($528 million), Germany ($479 million), Switzerland ($348 million), and China ($310 million).

At the moment, Mr. Arcuri says, the local pharmaceutical industry is working on this data to find out which drugs can and should be produced locally before taking these proposals to the government.

*By Stella Fontes — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Company has a portfolio of 420,000 homes worldwide, 70,000 of which in Latin America

07/18/2022


Sector has been strengthened by remote work — Foto: Getty Images

Sector has been strengthened by remote work — Foto: Getty Images

After completing the acquisition of Stays.net — a Brazilian company that manages reservations for real estate owners on platforms such as Booking, Airbnb, and Expedia — online travel agency Despegar is expected to expand in the vacation rental segment. Ivan Marenco, vacations rental VP at Despegar, says the sector has been strengthened by remote work, attracting investments from groups such as travel and tourism company CVC, which at the end of last year increased its stake in vacations rental company VHC to 100% from 69%.

Currently, Despegar, which is known as Decolar in Brazil, has a portfolio of 420,000 homes in the segment worldwide, of which nearly 70,000 in Latin America. With the acquisition of Stays.net, announced in March and completed earlier this month, the company will add 20,000 more homes to its portfolio.

“We want, in the next three years, to multiply the number of Stays properties by five,” the executive told Valor. The addition of Stays into the portfolio puts Despegar close to its goal of ending 2022 with 100,000 properties on its platform in Latin America.

According to the executive, rental management platforms like Stays have a small presence in the region, unlike other markets. “In Latin America, the segment is not so mature yet. We see that only 10% of vacation rental properties have managers. When we look at more mature markets, such as Europe, this percentage is 50%. This gap is a great opportunity that we see for Stays and Despegar,” he said.

With this strategy in sight, Despegar bought a 51% stake in the company for R$15 million. Stays operates basically in Brazil, but Mr. Marenco said that there are already studies to expand its scope to Mexico at first. Other markets such as Colombia and Argentina are also on the radar.

According to a study carried out by Deloitte in 2021, 43% of travelers opted for a temporary rental during the pandemic. Of that total, three out of four kept that option after things went back to normal. Data from Despegar shows that, on average, the segment has a 10% lower price than typical hotels.

The sector has been gaining strength, especially given the decision of companies to extend their vacation policies and the greater flexibility given to workers, which have supported new trends such as the so-called “workation” or “anywhere office.” These phenomena allow workers to extend their stay and schedule a longer trip, often with their families.

The opportunity exists and has been explored by several companies in the sector. Airbnb, a platform that connects properties for rent and tourists, reported a revenue of $1.5 billion in the first quarter of this year, up 70% year-over-year and 80% compared with the first quarter of 2019 — before the pandemic.

The company’s outlook is quite different from that reported by many traditional hotels, which are still struggling to recover their pre-pandemic numbers — especially operations more focused on corporate demand, which shrank dramatically in the pandemic.

In Brazil, CVC, the country’s largest travel agency, had already been eyeing the vacation rental market since 2019, when it bought control of U.S.-based VHC. Its executives realized that it would be an avenue of growth to be explored. Since August last year, CVC has owned 100% of VHC, which operates mainly in the United States, Brazil, and the Dominican Republic. The business focuses on properties for higher-income customers and is in the process of expanding to markets such as Europe.

*By Cristian Favaro — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Credit rating agency also affirmed country’s BB- rating

07/15/2022


Fitch says revision reflects better-than-expected evolution in public finances amid successive shocks in recent years — Foto: Matt Lloyd/Bloomberg

Fitch says revision reflects better-than-expected evolution in public finances amid successive shocks in recent years — Foto: Matt Lloyd/Bloomberg

Fitch has revised Brazil’s outlook to stable from negative and affirmed the country’s long-term foreign currency rating at BB-.

According to Fitch, the revision of Brazil’s outlook reflects the better-than-expected evolution in public finances amid successive shocks in recent years since the firm assigned a negative outlook in May 2020.

“Last year, Brazil recorded its first primary fiscal surplus since 2013, highlighting revenue outperformance and the authorities’ commitment to withdraw stimulus implemented during the pandemic,” the agency says. “A sharp reduction in the public debt ratio in 2021 is projected to be followed by another mild fall in 2022, considerably improving the starting point before a gradual projected rise in 2023 and beyond.”

According to the agency, “near-term growth dynamics have outperformed Fitch’s prior expectations, and incremental progress on reforms could benefit medium-term investment prospects.”

“The central bank’s decisive monetary policy tightening, supported by its new formal autonomy, highlights its commitment to addressing inflation,” the agency added.

The agency stresses in the statement that fiscal and growth challenges persist, and the October elections pose uncertainty around how these will be addressed.

“Nevertheless, these challenges are already captured in Brazil’s BB- ratings, and Fitch expects broad macroeconomic policy continuity after elections.”

Fitch added that Brazil’s ratings are supported by its large and diverse economy, relatively high per-capita income, and capacity to absorb external shocks underpinned by its flexible exchange rate, robust international reserves, sovereign net external creditor status and deep local debt market.

“This is counterbalanced by high government financing needs and indebtedness, a rigid fiscal structure, weak growth potential and a difficult political landscape hampering policy predictability and timely progress on reforms.”

The Economy Ministry said in a note that it “affirms its commitment to the fiscal consolidation necessary for the continuity of the economic recovery scenario.”

*By Eulina Oliveira — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Indicator reflects cautious atmosphere in markets and follows depreciation of Brazilian currency, stocks

07/15/2022


Brazil risk rose to 332 points on Thursday, according to IHS Markit — Foto: Silvia Zamboni/Valor

Brazil risk rose to 332 points on Thursday, according to IHS Markit — Foto: Silvia Zamboni/Valor

Brazil risk measured by five-year credit default swap (CDS) contracts reached the highest levels since May 2020 amid a risk-averse environment both abroad and in the domestic market. The Brazil risk rose to 332 points on Thursday, according to IHS Markit, which is now a part of S&P Global.

The worsening in country risk is recorded at the same time as other Brazilian assets are penalized. The future interest rates remain under pressure throughout the entire term structure of the curve; the foreign exchange rate is close to R$5.5 to the dollar; and the Ibovespa falls firmly – Brazil’s benchmark stock index was close to the 96,000-point threshold.

“The U.S. inflation figures continued to be very high. This generates discomfort and a feeling that the Fed [U.S. Federal Reserve] will have to raise interest rates more than it initially thought. When U.S. interest rates rise, it strengthens the dollar and makes stock markets more vulnerable,” says José Tovar, founding partner at Truxt Investimentos. “The market had calmed down, but with yesterday’s [Wednesday’s] inflation data, we had a new increase [in risk aversion].”

Mr. Tovar reveals Truxt’s multimarket funds are betting that U.S. and Canadian interest rates will rise and is long on the dollar against the real and the euro. “These are positions in the direction of more interest rates in the developed and emerging markets,” he says. As for Brazil, he points out that the measures adopted by the government have generated positive trends for the country’s growth this year. “But this drives inflation and forces the Central Bank to keep raising interest rates, which are likely to rise to around 14%” per year, he says.

Rogério Boueri, head of the Special Advisory of Economic Studies of the Ministry of Economy, said fiscal policy is not the reason for the higher Brazil risk measured by five-year CDS contracts, the worsening of the public debt financing conditions, the weakened real against the dollar, or stock market swings.

The CDS rate is rising for all countries, not just Brazil, he said. “International conditions are worse, but Brazil is in a better shape compared with emerging peers,” he said. “It is not a domestic fiscal problem in Brazil what is causing the worsening of the CDS.”

The “real problem” that explains this development, in the official’s view, may be the five-year nominal interest rate in the United States, whose average is at the highest level since 2008.

“Everyone is forecasting interest rate increases in the U.S., and this has an impact around the world, including in the [Brazilian] Treasury’s funding rate,” he said. “Brazil is not an island. We are impacted. But we are not the only ones.”

Despite the influence, Brazil’s nominal rates are not rising faster than the U.S. rates, he said. “We see stability in the rate differential with the U.S.,” he says. “Our rates go up domestically because of international conditions.”

To demonstrate this thesis, he says Brazil’s five-year nominal interest differential is lower than the average of two similar economies: Mexico and Colombia. The data shows an improvement in Brazil’s funding conditions, he said. Considering real rates for ten years, the differential of the funding rate between Brazil and the United States shows an improvement, according to him.

*By Victor Rezende, Lu Aiko Otta, Estevão Taiar — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Partners Novonor, Petrobras are in no hurry to negotiate due to worsening economic scenario

07/15/2022


The process of selling the petrochemical company Braskem, whose shareholders are the Novonor group (formerly Odebrecht) and Petrobras, is stuck again. Sources familiar with the matter told Valor the two partners have made little effort to move the negotiation forward, largely because the market is not favorable to a stock offering.

However, internal issues at Petrobras, including the change of the CEO, and uncertainties about the state-owned company’s strategy have removed the sale of Braskem from the priority agenda, at least for now. At Novonor, which is advised by Morgan Stanley, there has been no definition of a new timeline after the suspension of the preferred stock offering in January.

A source connected to the company’s creditors said that the current price of the shares is well below what is necessary to pay off debts and below the interest of Novonor to get rid of its participation in the business. The total debt of the banks that have shares in guarantee is about R$15 billion. A good part of Braskem’s dividends has been assigned to reduce debts and interests on this debt.

The petrochemical company is also waiting for market conditions to improve in order to go ahead with the secondary offering. Since the second half of last year, the capital market has been closed to offerings. Thursday the stock price closed the day at R$33.02 on B3, the Brazilian stock exchange. This year, the shares aggregated a fall of 40.39%, according to a Valor Data survey. The petrochemical company’s market capitalization is R$26.7 billion.

According to a source close to Braskem, the company is practically ready to go to the Novo Mercado — the strictest governance segment of B3. However, the operation has not yet materialized because the plan is to conduct the secondary offering together with the migration.

As the interest rates are on the rise, the stock exchange is no longer an interesting option for the sale of the petrochemical company. A merger and acquisition process would make more sense and would bring more value to the company, said another source.

The company’s shares have been falling since last year. The strongest pressure came from the energy crisis in the world, which reduced the margins of the Brazilian petrochemical company. The higher prices of natural gas and oil, and consequently of naphtha and is expected to continue to weigh on the company’s results.

Earlier this month, Bank of America (BofA) reduced its estimates for the company between 2022 and 2024, resulting in a new target price of R$55 per share, much lower than the previous R$80. However, the bank maintained its recommendation to buy the shares, given the potential for appreciation and expectations regarding the Novo Mercado. Today, the stocks are traded at B3 at low multiples, with an enterprise value (EV) of around 4.3 times the EBTIDA projected for 2022.

Braskem, J&F, Novonor, Petrobras, Ultrapar and Unipar declined to comment on the matter.

*By Mônica Scaramuzzo, Stella Fontes — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Prices increased 28.5% on average, much more than volume shipped, which is up 2.1%

07/14/2022


Cargo handling in Paranaguá: exports of soybeans, meal and oil remained at top of export list — Foto: Divulgação/Claudio Neves/Portos do Paraná

Cargo handling in Paranaguá: exports of soybeans, meal and oil remained at top of export list — Foto: Divulgação/Claudio Neves/Portos do Paraná

Brazil’s agricultural exports remained strong and yielded $15.7 billion in June, up 31.2% year-over-year, according to data from the Secretariat of Foreign Trade (Secex) compiled by the Ministry of Agriculture. The ministry says this was a new record, once again influenced by the high prices of commodities in the international market.

In a note, the ministry stressed that while it dropped 4.7% between May and June, the World Bank’s food price index rose 22.8% in June year-over-year and that a similar move was seen in the food price index calculated by FAO, the UN’s food and agriculture branch. “In other words, despite an apparent slowdown in food inflation, as captured by both indices, international prices remain at very high levels.”

In the case of Brazilian agricultural exports, prices rose 28.5% year-over-year on average – much more than the average volume shipped (2.1%) – which ensured the announced result. As imports grew 19.8% in this comparison, to $1.5 billion, the sectorial surplus increased by 32.6% and reached $14.2 billion last month. As for imports, the highlight was the 187% growth in fertilizer purchases, to $3.3 billion, due to a 17.5% increase in volumes and a 144.4% higher average price.

The exports of soybeans and soybean products (meal and oil) remained at the top of the export list. Shipments increased by 31.9% in June, to $8.1 billion. “Because of the smaller harvest in 2022, soybean exports retreated to 10.1 million tonnes from 11.1 million tonnes in June 2021 (-9.2%). The 34.4% increase in the soy price, however, allowed for an expansion of 22.1% in the exported value of the oilseed, which reached a record $6.32 billion for the month of June,” the ministry said. China was the destination of 64.5% of the raw material exports, even with a drop of 8.2% in purchases compared to June last year.

Brazilian meat shipments (beef, chicken, and pork) totaled $2.4 billion in June, up 32% year-over-year. Beef shipments grew 36.9%, to $1.1 billion, and China was also the leading purchasing country, with 65.9% of the total value. Chicken sales, also driven by China, increased 46.7% to $932.1 million, a record for June, while pork sales were 19.1% lower ($216.6 million).

Among the other groups of products most exported by the Brazilian farmers, forest products increased by 23.1%, to $1.5 billion, sugar and ethanol advanced by 0.3%, to $1.1 billion, and coffee rose 73.6%, to $788.7 million. In total, China was the destination of 36.3% of the revenue from Brazilian agricultural exports in June, or $5.7 billion.

Thus, in the first half of the year, Brazilian agricultural exports reached $79.3 billion, 29.4% more than in the same period last year. Imports grew 8.5% in comparison, to $8.1 billion, and the surplus was 32.3% higher ($71.2 billion).

From January to June, shipments of soybeans and soybean products increased by 30.1%, to $37.8 billion; meat products climbed 35.3%, to $12.2 billion; forest products rose 29.1%, to $8.3 billion; sugar and ethanol declined 6.9%, to $4.3 billion, and coffee exports were 55.5% higher ($4.6 billion). In the first half of the year, China absorbed 35.6% of Brazilian agricultural exports ($28.3 billion).

*By Fernando Lopes — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Study evaluates chances of partnerships to prosper in 26 countries

07/14/2022


Study compares countries based on 106 indicators, grouped into five categories — Foto: Fernando Martinho/Valor

Study compares countries based on 106 indicators, grouped into five categories — Foto: Fernando Martinho/Valor

Brazil tops an Inter-American Development Bank (IDB) survey on the environment for public-private partnerships (PPP) in Latin America. Conducted with the Economist Intelligence Unit (EIU), the study “Infrascope LAC” evaluated, for the first time, the chances of such initiatives prospering in each of the 26 countries in the region.

This is the seventh edition of the ranking. However, because it is the first conducted with updated methodology and with all Latin American countries, it is not comparable with previous editions. In 2019, in the last edition, Brazil was ranked 16th out of a total of 21 nations surveyed.

“Public-private partnerships represent a great opportunity to expand markets, generate jobs, contribute to economic recovery and growth in Latin America and the Caribbean, as they foster sustainability, efficiency, and innovation,” said IDB President Mauricio Claver-Carone.

In all, the study compares the countries based on 106 indicators, grouped into five categories: regulation and institutions; project preparation and sustainability; financing; risk management and contract monitoring; and performance and impact evaluation. From a 0 to 100 score, Brazil reaches 76.3 points, slightly above Chile, in second place, with 75.3 – the region’s average was 47.3 points.

Of these five categories, Brazil only does not lead the ranking in two: risk management and contract monitoring, where it loses the lead to Chile, and regulation and institutions, where it is twelfth.

“Brazil is one of the most active markets for PPPs in Latin America and the Caribbean, accounting for more than 40% of infrastructure investments of this type between 2011 and 2020,” the IDB points out.

The study lists four challenges for PPPs in Brazil: ensuring an appropriate division of risk between the private and public sectors, improving coordination between the different agencies involved, strengthening the legality of contracts, and implementing social and environmental evaluation mechanisms. The authors point out that the new biddings law, signed into law last year, is a step in the right direction, but “progress depends on its full implementation, which has been left until 2023.”

They also criticize the lack of clarity on compensation mechanisms for early termination or default of contracts, or on the characterization of force majeure, which represent a source of uncertainty for the private sector. “The case of the Linha Amarela concession in Rio de Janeiro, in which the government expropriated the concessionaire’s assets without a prior process, represents a warning point, although this type of occurrence is not common,” they point out.

The authors emphasize, finally, that the environmental and social issues are taken into account in the structuring of the projects, but are left out of the later stages of monitoring and evaluation of results.

*By Marcelo Osakabe — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Associations criticize bill that limits role of arbitrators, obliges disclosure of decisions

07/14/2022


Pedro Batista Martins — Foto: Leo Pinheiro/Valor

Pedro Batista Martins — Foto: Leo Pinheiro/Valor

A bill in progress in the Chamber of Deputies intends to change the Arbitration Law to limit the role of arbitrators (who act as judges in cases) and determine that procedures and rulings must be disclosed. Trade groups and representatives of law firms, however, see this new structure as a dismantling of arbitration in the country and are trying to block the bill.

Arbitration is an alternative means of conflict resolution to the justice system and has, among its main characteristics, the confidentiality of the proceedings. The bill, if approved, therefore, changes its entire structure.

Experts say it would create a “Frankenstein”, something that does not exist anywhere else in the world and would certainly cease to be used.

“If approved, it will be a serious setback. There is no other paradigm in any other jurisdiction with the kind of interference this bill seeks to implement. We will see the migration of arbitration outwards,” says lawyer Pedro Batista Martins, partner at Batista Martins law firm and one of the contributors to the Arbitration Law.

The law that is currently in force and that Mr. Batista Martins helped to draft – 9.307 – has existed for 25 years and has its roots in the model law of UNCITRAL, a UN organ that studies rules for the development of mercantile law. “It is approved by the international community,” the lawyer stresses.

Adherence to the mechanism is voluntary between the parties and is done by contract between them. Billions of reais are involved in these disputes. Arbitration is practiced in private chambers and is widely used by companies to discuss contractual issues, especially in the corporate area.

In 2019, for example, there were 967 ongoing processes in the eight main chambers in operation in Brazil, and, added together, they involved R$60.91 billion. This data appears in the latest edition of the research “Arbitration in Numbers and Values”, one of the main in the area, authored by lawyer and professor Selma Lemes.

Through this system, arbitrators – usually three – are chosen by the parties and decide the dispute. These arbitrators are not necessarily lawyers. The parties may nominate professionals who specialize in the topic under discussion. An economist or an engineer, for example. And the decision given by them is final.

The justice system cannot interfere in the merit, to say whether the party is right or wrong in its claim or defense. It is only responsible for what is called “legality control”, to verify, when questioned by the parties, whether the procedure was carried out as established by law.

The bill that changes the rules (PL n 3293) was filed by deputy Margarete Coelho (Progressive Party, PP, of Piauí) in October last year and, since then, has generated tension in the arbitration market. This month, however, tempers became much more heated.

Last Wednesday, July 6, seven deputies presented an urgency request for the bill to be considered. A new race began among experts to try to convince party leaders not to take the issue forward.

The urgency request is still pending deliberation in the plenary session. The bill is currently in the Constitution and Justice and Citizenship Commission (CCJC) of the Chamber of Deputies and its rapporteur is deputy Bia Kicis (PSL-DF).

The Institute of Brazilian Lawyers (IAB) issued a technical note on the subject on July 8 and, in the text, referred to the bill as the “Anti-Arbitration Bill”.

“In the best scenario, it will result in the reduction of cases, the migration of Brazilian arbitrations to other countries, and the elimination of the country as a possible seat for international arbitrations, generating, in the end, losses to the Brazilian economy,” says a note signed by attorney Joaquim de Paiva Muniz, member of the association’s permanent commission of arbitration and mediation.

The note also says that there is no urgency requirement for the project to be voted on in this pre-electoral moment and that it needs to be debated by representatives of the political and legal classes, which did not happen.

At least 30 other organizations had already manifested previously against the changes foreseen in the bill. Among them, are sectionals of the Brazilian Bar Association (OAB), arbitration chambers from all over the country, centers, and institutes linked to the legal profession and industry federations.

The bill deals with two sensitive changes: the disclosure of rulings and the performance of arbitrators. It limits, for example, the number of cases in which a single professional may act – a maximum of ten –, prevents the same formation of a court from being repeated in another, and determines that before accepting the invitation to act as a judge, the arbitrator will have to disclose the arbitrations in which he or she acts.

In the justification part of the bill, the author, Ms. Coelho, says that the idea “is to increase legal certainty and cohesion of decisions”. Contacted by Valor, she was not immediately available for comments.

The vision of specialists in the sector, however, is completely different. Besides misaligning the country’s rules with those practiced in the rest of the world, they say, there would be unconstitutionality. By limiting the role of arbitrators, for example, free enterprise would be restricted. It would be like telling a doctor how many patients he can see.

Nobody disagrees, however, that the discussions around the duty of disclosure of arbitrators are more latent. They gained momentum after an injunction decision by the Court of Justice of São Paulo (TJSP) suspending the sentence given in the arbitration in which J&F and Paper Excellence dispute shareholding control of Eldorado Brasil – in March 2021.

One of the reasons was the participation of one of the arbitrators. J&F claims that the judge shared an office with lawyers who work for the opposing party and did not disclose this information in the case.

Lawyers who work with arbitration say, however, that requests to challenge an arbitrator are a minority. At the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada, one of the leading ones in the country, for example, the decisions regarding requests to challenge arbitrators amount to less than 1% of all cases in progress.

In 2021, there were 427 proceedings in progress and only three decisions were rendered on challenges to arbitrators. In all cases, the arbitrators continued.

According to lawyers heard by Valor, Brazil adopts the same criteria as other countries that also practice arbitration and follows international doctrine and jurisprudence. In cases where there is a challenge request, it is necessary to verify whether the fact that was not disclosed may influence the judgment.

*By Joice Bacelo — Rio de Janeiro

Source: Valor International

https://valorinternational.globo.com/

Investment funds operating in this segment report that supply of credits has been growing

07/14/2022


The rising interest rates and fast inflation cycle in Brazil, which makes credit more expensive and negatively impacts companies’ revenues, has driven alternative investments, especially distressed debt – loans in arrears or at risk of default. Investment funds that operate in this segment report that the supply of these credits has been growing in recent months, which increases the discount paid for the assets and, as a result, their potential return.

What puts pressure on companies is the high Selic rate, which increases the debt service, while inflation compresses cash generation and the companies’ margins, says Luiz Prado, with Makalu Partners. But, in his opinion, the improvement of the banks’ credit recovery departments and the growth of the capital markets contribute to contain defaults. “I still don’t see a distressed scenario, but we will certainly have restructurings,” he says.

Strategi Capital has been much sought after by banks sitting on nonperforming loans – those greater than 90 days in arrears –, many of them resulting from loans taken even before the pandemic, founding partner Cristian Lara says. The fund, which raised R$75 million by December, is managing to allocate these funds 50% faster than projected because of the largest offering of these assets, Mr. Lara says.

“In many cases, the banks have already rolled over and restructured the debt, but the company has reached a situation where it will not be possible to recover the credit, or the asset no longer makes sense for the bank,” he said. These assets being considered nonperforming are the result of loans to companies of different sizes and sectors. But Mr. Lara sees a relevant presence of restaurant chains, as well as companies in the real estate industry. “These are companies that were helped by the government during the worst period of the pandemic, and that could not survive when these incentives came to an end,” he says.

On the other hand, faced with a more hostile environment, banks feel greater pressure to eliminate assets in arrears from their portfolios. This is different from the situation seen during the worst moment of the pandemic, when there was still a perspective of normalization of economic activity and, consequently, of credit recovery. By selling the asset, the credit is no longer part of the bank’s default statistics.

At the same time, if the bank sees that the situation can take a long time to be resolved, the higher interest rates favor a higher discount on the sale of that asset, Mr. Lara says.

Guilherme Ferreira — Foto: Carol Carquejeiro/Valor

Guilherme Ferreira — Foto: Carol Carquejeiro/Valor

Banks’ first-quarter financial statements already showed around R$100 billion of nonperforming debt – with 90 to 180 days in arrears – , up 20% compared with the final quarter of 2021 and a record volume, says Guilherme Ferreira, the founding partner of Jive Investments. But for him, these figures still refer to the debts of companies that were taken on before the pandemic, and which were renegotiated or restructured at the worst moment of the crisis.

“We are not seeing anything that happened in the last six months,” Mr. Ferreira says. In other words, the negative impact of high inflation on the capacity to consume and, consequently, on the companies’ revenues, besides the higher key interest rate, has not yet been reflected in the statistics. “The availability of new credit has shrunk because everyone knows that the quality of this credit has worsened. And this tends to generate more defaults,” he says. This situation will be perceived more clearly in companies’ ability to pay off debt this year and throughout 2023, Mr. Ferreira says. “The supply of credit portfolios has not yet increased significantly, but we believe that next year will be extraordinary for this type of asset,” he says.

For now, the asset manager says there is a gradual increase of stressed asset sales, but still contained by debt restructuring by banks. At the same time, Jive has been more sought after by companies that have a hard time accessing the capital markets or obtaining bank credit, and that need solutions. “Some good companies are facing this kind of difficulty,” he says.

Möbius Capital has also noticed such demand. The firm works with two strategies: litigation assets and structured credit, which has also grown driven by the more challenging economy. “We can enter restructuring debt but also financing companies that are doing very well and want to take advantage of the challenging moment to make acquisitions,” says founding partner Murilo Moura.

Mr. Moura sees an increase in the supply of litigation assets – receivables linked to lawsuits that, according to him, have been a relevant source of liquidity at this moment. The fund usually looks at more than 300 assets to buy just one, such is the rigor that is needed when selecting this type of credit. But in recent weeks, using the same criteria, Möbius has managed to close four purchase options, which reflects the fact that more companies are turning to these types of assets to raise funds. “At the current moment, companies face less liquidity and want to sell these assets soon, which ends up improving the quality of the assets and reducing the discount paid for them,” he says. “This is a peculiar moment because no large company went bankrupt despite the pandemic crisis, but trying to project this scenario forward is dangerous. We can’t work with a scenario where the credit will be smooth.”

In the last two years, the distressed market was marked by a lack of assets or very high prices thanks to the higher number of funds focused on this segment, which increased the demand, says Rafael Fritsch, founding partner of Root Capital. But there was also a certain optimism about the recovery of the economy and, consequently, the situation of the companies. “Now, with reality knocking at the door, the companies’ need for liquidity is going to grow, which is causing a certain repricing of these assets,” he says.

A good example is the negotiation of writs known as “precatórios” – securities that represent government debt from loss of a court dispute. Four years ago, these securities were traded at around 70% of face value, he says. In the past two years, they started to be traded at 94% of face value. Now, they have already gone through a correction, being negotiated close to 50% of face value. “A year ago, we saw law firms, medium-sized banks, brokerage houses buying precatórios. These players are now gone,” he says, recalling that a proposal to amend the Constitution (PEC) allowed the government to pay in installments, which contributed greatly to the change in this market.

Another sign that there is a scenario of worsening credit quality for companies, Mr. Fritsch says, is that the fund has been sounded out by banks interested in selling their portfolios, given the risk that part of this credit will default. “Banks won’t be able to roll it over, as they have done up to now,” he says.

“We see many embattled companies trying to raise capital through litigation assets,” says Luiza Oswald, a partner and head of structured credit funds at JGP. She says that this market, previously very incipient, has been gaining strength in recent months and the companies themselves have started to recognize and see value in this type of asset. This helps the funds’ allocation efforts and widens the discount to be paid for the assets, she added.

*By Lucinda Pinto — São Paulo

Source: Valor International

https://valorinternational.globo.com/