Chapter 35: NATIONAL REPORT FOR THE UNITED ARAB EMIRATES AND ITS FREE ZONES
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This chapter considers the treatment of executory contracts upon the default of a debtor company under the three main jurisdictions in the United Arab Emirates (‘UAE’) and the main factors behind the most recent reforms in the area. The chapter fills a gap in the legal literature by providing a detailed comparative analysis on the treatment of executory contracts on the insolvency of a business in the various UAE jurisdictions. In order to provide some context, it provides a summary of the insolvency procedures available to a business in distress under the previous insolvency regime; yet the main focus is on the insolvency regime in the Dubai International Financial Centre (‘DIFC’) and the new UAE federal insolvency legislation. Furthermore, it provides an exhaustive description on the treatment of executory contracts negotiated by the parties during solvency should one of the parties enter into insolvency proceedings, with a particular focus on ipso facto clauses and close-out netting. It extensively examines the factors that shaped the insolvency regimes in the UAE and considers areas where the law requires further reform.

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