On 31 October 2023, Federal Law Decree No. (51) concerning Financial Restructuring and Bankruptcy (the New Law) was published in the UAE Federal Gazette. The New Law comes into force on 1 May 2024 and will repeal the 2016 Law...more
2/29/2024
/ Automatic Stay ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Liquidation ,
Moratorium ,
New Legislation ,
Restructuring ,
United Arab Emirates (UAE)
The recent detention of a restructuring professional in the United Arab Emirates serves as a stark reminder that directors and officers of insolvent or distressed companies can face personal liability for their actions or...more
1/31/2024
/ Bankruptcy Court ,
Books & Records ,
Chapter 13 ,
Civil Liability ,
Corporate Counsel ,
Corporate Restructuring ,
Criminal Liability ,
Insolvency ,
Limited Liability Company (LLC) ,
Liquidation ,
Saudi Arabia ,
United Arab Emirates (UAE)
The Civil Transactions Regulation (the “CTR”) was promulgated on 18 June 2023 and entered into force on 16 December 2023. The CTR was conceived as one of four key reforms announced in February 2021 to enhance the general...more
1/5/2024
/ Breach of Contract ,
Contract Termination ,
Contract Terms ,
Dispute Resolution ,
Force Majeure Clause ,
Good Faith ,
New Regulations ,
Penal Code ,
Personal Status Law ,
Regulatory Agenda ,
Sales ,
Saudi Arabia
An otherwise viable business experiencing a cash flow crisis may seek relief under Chapter Four of the Kingdom of Saudi Arabia (“KSA”) Bankruptcy Law (“Bankruptcy Law”), a flexible statute that helps facilitate the financial...more
The foremost duty of a bankruptcy trustee is to maximize the value of the debtor’s assets for the benefit of its stakeholders. Numerous provisions of Saudi Arabia’s current bankruptcy law (the “Bankruptcy Law”) underscore the...more
Dubai Court Finds Directors and Managers Personally Liable for Over AED 448 Million in Company Debts -
INTRODUCTION -
For a manager, officer or director of a distressed company, it is tempting to indulge in what one...more
On 11 March 2020, the World Health Organisation (“WHO”) declared COVID-19 to be a pandemic, with the WHO "deeply concerned by the alarming levels of spread and severity" of the outbreak. In response, the financial markets...more
Party A (contractor) entered into a construction contract (the EPC Contract) with Party B (employer).
Party B made an advance payment under the EPC Contract and Party A procured an Advance Payment Bond (the Bond) from a...more