On 31 October 2023, Federal Law No. 51 of 2023 Promulgating the Financial and Bankruptcy Law (the Bankruptcy Law) was published in the United Arab Emirates (UAE) Official Gazette, repealing the prior federal law on bankruptcy (Federal Law No. 9 of 2016, the Prior Law) and significantly developing the bankruptcy regime in the UAE.
The last few decades have seen a steady increase in ‘non-party costs orders’. These are court orders against non-participating people or entities requiring them to pay (either fully or partially) the costs of litigation in which they are not formally involved as parties. This year has proven to be one of flux for such liabilities.