United Arab Emirates

UAE’s Bankruptcy Laws: Unworkable

The UAE’s insolvency laws have been in force since 1993 but lawyers are hard pressed to come up with a single example of their being used to wind down a struggling company. Untested and widely regarded as unworkable, they are in bad need of replacement, the Financial Times beyondbrics blog reported. The juddering impact of the global financial crisis has persuaded the government to draft a new set of regulations, which will hopefully allow companies to conduct orderly wind-downs through the courts. It won’t be easy.
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A potential $2.2 billion debt restructuring for Drydocks World, the shipbuilding arm of indebted Dubai World, is seen facing tough headwinds with the presence of hedge funds and a lack of government aid seen threatening an amicable deal, Reuters reported. Drydocks has set up a committee to thrash out an agreement for the restructuring of its $2.2 billion debt pile. The firm missed a payment deadline for a $1.7 billion three-year loan facility that it took in October 2008. It also has another five-year $500 million facility on the restructuring table.
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Insolvency Regulations By Year-End

The UAE is in the final stages of framing regulations on insolvency, foreign investment and arbitration, Dr Hadef Bin Jua'an Al Daheri, the UAE Minister of Justice, has told Gulf News. Speaking ahead of the International Bar Association Annual Conference (IBA), which opened in Dubai yesterday, Al Daheri said that the UAE's legal environment has become a role model for the region. "There are some laws that are under study and these include the arbitration law, the foreign investment law and the insolvency law, as well as others.
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Two years after the Dubai debt crisis erupted, contributing to a wave of loan restructurings across the Gulf, those restructurings may be entering a more difficult phase as banks become reluctant to extend maturities further, the Kuwait Times reported. Government-related and private companies in the region have so far avoided defaults by agreeing with creditors to push out maturities-a process labelled "extend and pretend" by some cynical bankers. This method has helped banks avoid billions of dollars in writedowns and companies to avoid the shame of defaulting.
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The shipbuilding division of troubled state conglomerate Dubai World said Tuesday it is determined to hammer out a $2.2 billion debt restructuring deal, despite a legal challenge from one of its creditors, CanadianBusiness.com reported on an Associated Press story. The unit, known as DryDocks World, gave no indication when it expected the restructuring to be completed. It has been in talks with lenders for months to retool the terms of the loans, which were excluded from its parent company's own high-profile debt talks.
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Local banks in Dubai have sufficient liquidity to weather a global downturn, the chairman of the Gulf Arab's largest bank and a key figure in its recovery from a 2009 debt crisis said on Monday, Reuters reported. Sheikh Ahmed bin Saeed al-Maktoum, who is also chairman of Dubai's Supreme Fiscal Committee, also said some local firms still had a way to go to rebound from Dubai's debt crunch. A deepening debt crisis in Europe as well as a slowdown in the United States have increased odds for another global recession this year.
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Dubai developer Nakheel , which completed a complex debt restructuring last month, wrote off up to 78.6 billion dirhams ($21.4 billion) of its real estate assets due to a property crisis in the emirate, according to a bond prospectus, Reuters reported. Nakheel, which overstretched itself building islands in the shape of palms and other ambitious projects, incurred impairments of 73.8 billion dirhams in 2009, primarily related to the carrying value of assets and capital work in progress.
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Al Jaber Group yesterday held talks with its banks over a debt standstill agreement as the family conglomerate, based in Abu Dhabi, seeks to delay repayments as part of a wider restructuring of the group, The National reported. At a meeting in Abu Dhabi, Al Jaber Group, which has interests in property, manufacturing and aviation, submitted a draft standstill agreement and a business proposal to banks involved in its debt restructuring talks, said one person close to the company who asked not to be identified. "We're at a very early stage," the source said.
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Dubai World will transfer two of the emirate's biggest property developers to the Government as it completes a debt restructuring in the wake of the financial crisis, The National reported. Agreements have been signed on the terms for the separation of Nakheel and Limitless "operationally and financially" from Dubai World, the board of directors said in a statement. In addition, Nakheel said it had secured unanimous approval from banks for its US$10.9 billion (Dh40.03bn) debt restructuring, which will trigger the issuance of a Dh6bn Islamic bond.
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