US court rejects Adia bid to overturn ruling to recover $4bn in damages from Citigroup



A Manhattan federal judge has rejected a bid by the Abu Dhabi Investment Authority (Adia) to overturn an arbitration panel's ruling favouring Citigroup in a dispute over a US$7.5 billion (Dh27.5bn) investment by the fund in the bank.

The US district judge George Daniels on Monday rejected arguments that the October 2011 ruling by an American Arbitration Association panel, which reviews international disputes, ignored applicable law and was "fundamentally unfair" by depriving the Abu Dhabi sovereign wealth fund of a chance to properly present its case.

Adia had sought to rescind the November 2007 investment, or recover $4bn in damages over what it called Citigroup's fraudulent representations to induce it to invest.

David Elsberg, a partner at the US law firm Quinn Emanuel Urquhart and Sullivan, representing Adia, did not immediately respond to a request for comment.

Shannon Bell, a Citigroup spokeswoman, said the bank was pleased with the decision

The $7.5bn investment had given the Abu Dhabi fund a 4.9 per cent stake in Citigroup, enabling it to surpass Prince Al Waleed bin Talal of Saudi Arabia as the largest individual shareholder.

Citigroup also accepted other investments around that time to shore up its capital base, in the wake of billions of dollars of writedowns linked to subprime mortgages.

It nonetheless ultimately required a series of federal bailouts, which it has since repaid.

Mr Daniels said the three-person arbitration panel neither was "guilty of misconduct" nor acted in "manifest disregard" of the law, citing standards of proof he said could justify throwing out an award under the Federal Arbitration Act.

He noted that the panel had listened to 24 witnesses over 16 days and accepted 5,988 exhibits in reviewing the case against the third-largest US bank.

Citigroup shares trade at a little over one-tenth of their level when Adia made its investment, after accounting for a reverse stock split.

* Reuters

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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