Кто должен платить, когда поставщик топлива становится неплатежеспособным.

1. Введение

بإشهار افلاس شخص ما أو شركة ، وما هي الفائدة التي تعود على الدائنين ، وهنا سنبين أهم الىثار التي تترتب على على الحكم بإشهار الإفلاس وهي عدة آثار بالنسبة للمدين وبالنسبة للدائنين  وبالنسبة للتفليسة نبينها فيما يلي :-

ويمكن حصر الاثار المتعلقة بشخص المدين في أربعة آثار رئيسية :
1- تقييد حرية المفلس : لا يجوز للمفلس ان يتغيب عن محل اقامته دون ان يخطر امين التفليسة كتابة بمحل وجوده، ولا يجوز له ان يغيره او يغادر الدولة الا بإذن من قاضي التفليسة. 

This article is a case study on how the UAE, a country with two cities which are significant international financial and business centres (namely Dubai and Abu Dhabi), functions without effective insolvency laws; and why this state of affairs is likely to continue for some time.

Whilst it is not strictly true that the UAE has no insolvency laws at all, it is fair to say that no one (debtors or creditors) makes use of the existing laws. A new UAE insolvency law has been drafted, but in the writer’s view it will be years before it sees the light.

OW Bunker, one of the world’s major bunker suppliers and traders, and one of the largest companies in Denmark in terms of revenue, has filed for in-court restructuring for major parts of its business.

The subsidiaries involved face insolvency following the uncovering a $125m fraud in Singapore and a $150m risk management loss.

On 14 December 2014 the DIFC Law No. 2 of 2014, or the “Netting Law of 2014” (the “Law”), came into force as a law in the Dubai International Financial Centre (“DIFC”) following its enactment on 7 December 2014 by His Highness Mohammed bin Rashid Al Maktoum, Ruler of Dubai.

Introduction

On 15 June 2015, the Abu Dhabi Global Market (Global Market), Abu Dhabi’s financial free zone, published the following six new regulations concerning the regulation of non-financial services in the Global Market:

The ADGM was established in Abu Dhabi in 2013. However, the ADGM has only recently (on 15 June 2015) published its first set of commercial rules and regulations for non-financial services (the Regulations) relating to companies, insolvency, employment and real property and strata title. It is also expected to publish regulations for financial services later this year. ADGM’s intentions are clear.

There is a wide range of precautionary attachment options in the UAE which creditors in the region should take into account.

Dubai currently has no effective insolvency law. Try to imagine it: How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre received more than 300 new cases last year and why arbitration is increasingly used?

Insolvency Law—Is It Necessary?

Arbitration and insolvency law in Dubai - is there a link?

Try to imagine a legal system without an effective insolvency law, as in Dubai. How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre had over 300 new cases last year and why arbitration is increasingly used?

Insolvency law - is it really necessary?