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Private Sector Opinion, Issue 16, New Corporate Governance in the Post-Crisis World, Prof. Dr. Martin Hilb, Managing Director of the Institute for Leadership & HRM and its Center for Corporate Governance at the University at St. Gallen Switzerland

The publication is based on the book "New Corporate Governance", by Martin Hilb. The new corporate governance concept Martin Hilb is articulating goes back to the roots of good corporate governance, which is the ability to act as a visionary and effective decision body, exerting both strategic leadership and control. It's also an invitation to think twice about the applicability of "best practices" in different legal contexts and business models.




Private Sector Opinion, Issue 15, Uses and Limits of Conventional Corporate Governance Instruments: Analysis and Guidance for Reform - Part Two. Simon Wong, Adjunct Professor of Law, Northwestern University School of Law; Former Head of Corporate Governance, Barclays Global Investors Limited; and Member of the Forum's Private Sector Advisory Group

This publication is the second part of Private Sector Opinion 14. The author points out policy makers should not blindly follow any corporate governance framework but should be tailored to suit local conditions by analyzing Japan’s adopting Anglo-Saxon model as an example. The task for regulators is to create an open framework and ensure that checks and balances are in place that allow and encourage the market to operate an accountability chain. Then, the author further suggests a number of steps to improve corporate governance reform in general.





Private Sector Opinion, Issue 14, Uses and Limits of Conventional Corporate Governance Instruments: Analysis and Guidance for Reform - Part One. Simon Wong, Adjunct Professor of Law, Northwestern University School of Law; Former Head of Corporate Governance, Barclays Global Investors Limited; and Member of the Forum's Private Sector Advisory Group

This publication is organized in two parts. Part I examines the uses and limits of five conventional corporate governance instruments-transparency, independent monitoring, economic alignment, shareholder rights, and financial liability----and suggests ways to improve their application. Part II, to be published separately, will recommend how policymakers could approach corporate governance reform generally.




Private Sector Opinion, Issue 13, Towards an Accountable Capitalism, Stephen Davis, Jon Lukomnik and David Pitt-Watson, Authors of "The New Capitalists: How Citizen Investors Are Reshaping the Corporate Agenda," Harvard Business School Press, 2006.

The authors point out that the fundamental problem lying in the current capital system is lack of accountability and responsibility, which led to the current financial crisis. They suggest a vertical regulation system to enhance the robustness of the interaction between market participants and enable the various entities within the system to be accountable to each other and to hold each other responsible. Moreover, the authors also put forward operable elements of an ethical approach to ensure the enforcement of an accountable system.




Private Sector Opinion, Issue 12, Where Were The Directors?, David Beatty, Private Sector Advisory Group Member

The author proposes a serious of concrete methods to improve the effectiveness of boards of directors in the context of the current financial crisis. They include:
  • Equipping boards with adequate expertise to deal with today's complex issues;
  • Managing the time of Directors more efficiently so as to allow strategic planning, and
  • Bridging the expertise chasm between Managers and Directors.
The author not only identifies the problems but also suggests steps to achieve these including emphasizing the importance of having financial expertise on a board, time management analysis for directors to focus on strategies and communications with managers.

This publication is also available in Chinese.


Private Sector Opinion, Issue 11: Crashes, Bailouts, Regulations, Pratip Kar, Dean of Finance and Corporate Governance, Tata Management Training Center, Pune

In the context of India, this Private Sector Opinion reassesses the existing views on financial markets, the role of financial institutions, market structure, financial products and, above all, on the regulatory architecture in the current financial crisis. The article indicates that there is relationship between sound corporate governance and strong corporate performance, and the crisis also has shown that organizations, especially in financial services sector, need to be founded on an ethical value system if they are to be successful in the long run and provide the necessary economic stability for sustainable growth.



Private Sector Opinion, Issue 10: Developing and Implementing Corporate Governance Codes, Simon C.Y. Wong, Head of Corporate Governance, Barclays Global Investors.


The article introduces Simon Wong’s extensive experience in developing and implementing corporate governance codes, who is Head of Corporate Governance, Barclay’s Global Investor. He addresses the key advantage of a code versus a mandatory approach to regulating corporate governance in three aspects: dissemination, flexibility of corporate practice, and transparency. Simon cautions against code “transplanting” and the need for a well thought through process that takes account of the economic and legal environment that shapes firm structure and behavior. Governance Scorecards as Tools for Breakthrough Results, Jesus P. Estanislao, Chair of the Institute of Corporate Directors, President of the Institute for Solidarity in Asia, and a Member of the Forum’s Private Sector Advisory Group.



Private Sector Opinion, Issue 9: Board Performance Evaluation, Simon Osborne FCIS, Solicitor, Director, ICSA Board Performance Unit.


The article introduces a comprehensive examination of the various processes to implement a board performance evaluation and the most insightful questions to be included in an evaluation. It will help a board to improve its own performance and to act as a value added contributor to the ongoing success of an enterprise.




Private Sector Opinion, Issue 8, Governance Scorecards as Tools for Breakthrough Results, Jesus P. Estanislao, Chair of the Institute of Corporate Directors, President of the Institute for Solidarity in Asia, and a Member of the Forum’s Private Sector Advisory Group

The article introduces the usage of scorecard tools in helping companies to achieve their governance improvements. It will help to steadily improve company performance and generate above market returns for investors.




Private Sector Opinion, Issue 7, News and Corporate Governance: What Dow Jones and Reuters teach us about Stewardship?, Donald Nordberg, Senior Lecturer at London Metropolitan University
In this paper Donald Nordberg, a former senior editorial executive at Reuters who
also worked as a consultant for Dow Jones, explores the respective governance of these two media giants, which received bids last year respectively from Thomson Corp of Canada and Rupert Murdoch's News Corp.



Private Sector Opinion, Issue 6, Reform Realism and the Boardroom, Philip T. N. Koh, a senior partner of Messers Mah-Kamariyah & Philip Koh and member of the Forum's Private Sector Advisory Group

The article contributes to understanding a director's duties of good faith, care, skill, and diligence by implying intellectual honesty and acting in the best interests of the company.


Private Sector Opinion, Issue 5, Whistleblowing: Recent Developments and Implementation Issues by Mak Yuen Teen

Mak Yuen Teen has raised some very important considerations for the internal governance of corporations when he argues for additional legal protections for whistleblowers.



Private Sector Opinion, Issue 4, Auditors and Independence by John Plender

Plender reviews the evolution of auditors' role in corporate governance and the challenges in achieving independence.



Private Sector Opinion, Issue 3, Corporate Governance: A North American Perspective by Ira M. Millstein

The recent wave of US corporate governance failures prompted a round of legal and regulatory reform which has attracted a worldwide attention. The cross border impact of Sabanes-Oxley has been direct as it extends the reach of US regulation beyond home territory primarily in the case of foreign operations.




Private Sector Opinion, Issue 2, Corruption, Economic Development and Governance: Private Sector Perspectives from Developing Countries by John D. Sullivan

Corruption is now widely recognized as one of the greatest barriers to prosperity, economic competitiveness and development, and political and social stability of countries. The key question now is not whether we should combat it or whether it is important - but how can we effectively combat it?




Private Sector Opinion, Issue 1, Dealing with Non-Controlling Shareholders: Issues and Best Practice by Christian Strenger

Since the establishment of the Forum in 1999 following the financial crises in East Asia and Russia, followed not long after by stunning corporate governance failures in the business world in the United States and Europe, corporate governance has become the DNA of nearly every discussion concerning investment, development and corruption. All with serious implications for economic performance and poverty alleviation.