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Monday, January 20, 2020

U.A.E Civil Verdicts can be Executed in India

U.A.E Civil Verdicts can be Executed in India
India on January 18 issued a gazette notification declaring the UAE as a "reciprocating territory" for the Code of Civil Procedure and identifying the superior courts here, thereby facilitating the execution of UAE civil court orders through Indian courts.

The Indian Ministry of Law and Justice on January 18 published the notification, dated January 17, in the official gazette.

“In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares the United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following Courts in the United Arab Emirates to be superior Courts of that territory,” the notification reads.

The UAE had given effect to the treaty by publishing it in the Federal Gazette pursuant to Federal Decree No. 33 of 2000, according to a 2018 Guidance Note signed by DIFC with Nishith Desai Associates, covering enforcement of civil and commercial judgments through DIFC Courts and the Courts of India.

It said though the ratification of the agreement was exchanged in 2000, the treaty could not be fully implemented as the UAE could not be defined as a “reciprocating territory” for the execution of UAE judgments in India without India’s notification in its Official Gazette to give effect to the treaty.

This move would help in the enforcement of civil and commercial court verdicts in financial cases such as loan defaults, bounced cheques as well as verdicts in divorce cases.

This will be a big warning to those who flee to India after taking huge loans from banks. Earlier, most of the banks and individuals found it difficult to recover their money if the accused had fled to India.
Now, the Verdict holder can approach the district courts in India directly seeking execution of the UAE court orders after due process of attestation of documents.

List of UAE courts whose verdicts can be executed in India
  •     Federal Supreme Court
  •     Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah.
  •     Abu Dhabi Judicial Department
  •     Dubai Courts
  •     Ras Al Khaimah Judicial Department
  •     Courts of Abu Dhabi Global Markets
  •     Courts of Dubai International Financial Centre

Tuesday, January 7, 2020

UAE announced Five-year Multiple-entry Tourist Visa

Image Credit Dubai Media office
On 6th, January 2020, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai announced tourist visas in the UAE will now be issued for five years.

This announcement on his official Twitter account. Officials say the terms and conditions for obtaining the new visa will remain the same. Holders of the new five-year multiple-entry tourist visa may be allowed to stay for six months at a stretch, sources have confirmed.

about the eligibility of getting the new visa sources said that while details of the new five-year validity tourist visa will be announced soon, it is being proposed that the visa will allow visitors to stay for up to six months on every entry within the span of five-year validity.
The business community and ex-pats welcomed the move by the UAE government and expressed this move will help tourism and business.

Thursday, January 2, 2020

UAE Insolvancy Law now in effect

                                                                                                                                                            Image provide by WAM
Under the new Insolvency law, people won’t be jailed for a bounced cheque, instead, a debtor can now approach a civil court in the emirate they reside in and invoke their insolvency status.

Once the court declared insolvent, the civil court will appoint financial experts to come up with a long-term payment plan with the debtor and creditor. Payments can be done through direct payments to the creditor or by assets owned.

When the payment plan in place, debtors will not face any legal prosecution during that period, and will also have the criminal case against them wiped out once all payments have been completed so they won’t have any criminal record against them

Wednesday, November 20, 2019

From Punishment to Protection: How the UAE’s Updated Insolvency Law Shields Debt-Ridden Residents

The legal landscape for residents facing financial distress in the UAE has fundamentally evolved. While the original framework introduced critical concepts, subsequent legislative updates—including Federal Decree-Law No. 51 of 2023 and Cabinet Resolution No. 94 of 2024—have structurally transformed how personal debt and insolvency are handled.

The updated, comprehensive breakdown below details how the law actively protects debt-ridden individuals, incorporating the precise legal thresholds, newly established specialized courts, and procedural realities.

1. Core Purpose & Legal Context

The Insolvency Law for Natural Persons targets individuals (non-traders) who cannot pay their debts due to bankruptcy or default. It differs fundamentally from the Bankruptcy Law, which regulates registered commercial companies and individuals operating as merchants.

The framework balances the rights of debtors and creditors through the Islamic jurisprudence principle of "Facilitator's View" (Nazirat al-Maisara), granting individuals a reasonable, dignified window of time to meet their obligations without the constant threat of immediate punitive enforcement.

2. Updated Financial Thresholds & Eligibility

Applying for personal insolvency is no longer a generalized request. Specific financial guardrails govern who can file, and who can be forced into the process:

  • Debtor-Initiated Application: A resident can voluntarily file for insolvency if their total outstanding debt is at least AED 250,000.

  • Creditor-Initiated Application: Creditors cannot easily push an individual into court liquidation. Under current limits, a creditor (or group of creditors) can only file a case against a debtor if the matured debt exceeds AED 1,000,000, giving individuals much more breathing room to settle smaller defaults privately.

  • Default Window: The "default" trigger is defined as a debtor failing to pay a due debt for more than 50 consecutive business days.

3. The Role of Specialized Restructuring Courts

The UAE has decentralized and accelerated the system by establishing Specialized Bankruptcy/Insolvency Courts (headquartered via the Federal Court of First Instance).

  • Fast Judgments: The court evaluates an application and decides whether to accept it within 5 working days of submission, entirely without notice or a formal plea hearing.

  • Immediate Shield: Once accepted, the court issues a decision that triggers an automatic freeze on all claims and legal enforcement against the debtor. It also temporarily suspends criminal proceedings stemming from related financial defaults (such as historically bounced guarantee cheques).

4. The Two-Path Settlement Framework

The law offers two specific avenues for an individual to resolve their debts:

Path A: Financial Settlement Scheme (Rehabilitation)

If the debtor has an active income or predictable cash flow, the court appoints a financial expert to build a restructuring plan.

1.Plan Drafted:Within 22 working days.

The appointed court expert works directly with the debtor to draft a realistic repayment plan. A copy is deposited with the court and sent to creditors.

2.Creditor Convocation:Within 10 working days.

The expert calls a mandatory meeting. For the voting process to be valid, it must be attended by a majority representing at least two-thirds of the total validated debt.

3. Voting Restrictions: Immediate.

To prevent fraud, close relations cannot vote on the plan. This strictly includes the spouse, anyone financially dependent on the debtor, and relatives up to the second degree.

4. Execution Window: Maximum 3 years.

Once approved by creditors and ratified by the court, the debtor has up to 3 years to fulfill the settlement plan. The expert can request court-approved amendments if variables change.

Note on Invalidation: The plan will be canceled, and liquidation forced, if the debtor fails to follow the strategy, requests premature termination, or intentionally ceases payments for more than 40 consecutive working days.

Path B: Insolvency & Asset Liquidation

If a settlement plan is impossible or fails, the court formally declares insolvency and appoints a Trustee/Secretary to liquidate the debtor's assets.

  • Protected Assets: Debtors are not left completely destitute. Under court supervision, the trustee can permit the individual to keep tools, assets, or property strictly necessary to continue their job, profession, or craft.

  • Housing Protection: When evaluating whether to liquidate a debtor's primary residence, the court is legally required to factor in human elements: the availability of a secondary domicile, the number of dependents living there, and the social context of the family.

  • Amicable Grace Period: Before selling off assets at public auction, the court can grant a final 3-month grace period (extendable by another 3 months) to attempt a final, supervised amicable settlement with creditors.

5. Rebalanced Penal Provisions

The modernized framework strictly distinguishes between honest financial distress and deliberate fraud. It decriminalizes non-fraudulent default while imposing heavy fines and potential jail time for bad-faith actors on both sides:

For Debtors (Fines: AED 20,000 to 60,000 + Jail)

For Creditors (Fines: AED 10,000 to 100,000 + Jail)

Engaging in high-risk, unrequired speculative businesses.

Submitting or making a claim relating to a fake or sham debt.

Deliberately concealing assets or disposing of funds at less than market value.

Illegally increasing or inflating the interest/debts owed by the debtor.

Gambling or hiding sources of income.

Fabricating financial distress metrics to force premature liquidation.

Economic Takeaway

By shifting from a punitive structure to a regulatory, rehabilitative framework, this law insulates the domestic economy from sudden retail defaults. It builds strong consumer confidence in banking systems, guarantees clear debt recovery metrics for financial organizations, and—most importantly—provides individual residents with a structured, legally sound pathway out of crippling financial stress.