Declaring a Debtor Bankrupt in the UAE
Type
E-journal
Date
26 Aug 2016
Jurisdiction
United Arab Emirates
Taxonomy
Bankruptcy
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Legal reference
Federal Law No. 18/1993
Cases reference
DCC 343/1997 DCC 343/1997 DCC 343/1997Federal Law No. 18/1993
Analysis
A declaration of bankruptcy, according to Article 645 of the Federal Law No. 18/1993, can be imposed on any trader who ceases to pay some or all of its commercial debts. While a debtor's cessation of payment is a presumption against him, the trader might not be considered bankrupt if the failure to pay is due to a dispute regarding the debt. In other words, it is important to prove that the debtor ceased to pay a certain commercial debt due to financial distress and credit issues. It is for the Court of First Instance to determine, without review by the Court of Cassation, whether there is an established case of bankruptcy (Dubai Court of Cassation - Civil Appeal No. 343-1997 - 28.03.98).