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Insights · Insolvency in the UAE

Insolvency in the UAE

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

India

Real Estate Insolvency and Homebuyer Rights in India: The IBC Framework

How the Insolvency and Bankruptcy Code reshaped the position of homebuyers in distressed real estate projects — and what it means in practice. The Insolvency and Bankruptcy Code, 2016 (IBC) recognises homebuyers as financial creditors in real estate insolvency proceedings in India. This means homebuyers can participate in the Corporate Insolvency Resolution Process (CIRP), vote through an authorised representative in the Committee of Creditors (CoC), and […]

Joel John Roy · 19 Jun 2026 · 9 minRead →
India

Defending Insolvency Petitions Before the NCLT: Strategies for Corporate Debtors Under IBC 2016

The Insolvency and Bankruptcy Code, 2016 (“IBC”) has fundamentally reshaped the way financial distress and debt defaults are addressed in India. For creditors, it provides an effective framework for seeking resolution of unpaid debts. For businesses, however, the receipt of an insolvency petition can be an alarming development with potentially significant legal and commercial consequences. […]

Joel John Roy · 9 Jun 2026 · 9 minRead →
India

Moratorium under the Insolvency and Bankruptcy Code, 2016: Scope, Exceptions, and Practical Implications

The moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is one of the most significant protections available during the Corporate Insolvency Resolution Process (CIRP). Once an insolvency application is admitted by the National Company Law Tribunal (NCLT), a temporary legal restraint comes into force that prevents creditors and other stakeholders from initiating […]

Joel John Roy · 18 May 2026 · 6 minRead →
Corporate and Commercial

Your Company Is in Financial Difficulty — When and How to Engage Your Creditors

Businesses under financial pressure often delay creditor engagement until the position has deteriorated beyond easy resolution. Under UAE law, the timing, tone, and structure of that engagement can determine whether a company retains the ability to restructure — or loses it. This article complements our foundational article on UAE bankruptcy law and examines the legal and practical […]

Vipul Kulshreshtha · 4 Apr 2026 · 10 minRead →
Compliance in the UAE

How Bankruptcy and Insolvency Impacts Businesses and Leaders

Bankruptcy and insolvency are challenging realities that carry profound implications for businesses, affecting everything from operations and leadership to market perception and legal standing. This article examines the far-reaching consequences of bankruptcy, offering insights into its impact on organizations and their leadership. This article complements our foundational article on UAE bankruptcy law.  Loss of Control […]

Madhav Vinod Krishna · 20 Nov 2024 · 4 minRead →
Compliance in the UAE

Preventing Bankruptcy or Insolvency: Key Strategies for Financial Stability

With the introduction of the New Bankruptcy Law in the UAE, businesses facing financial challenges now have a broader set of tools to avoid insolvency and liquidation. Emphasizing early intervention, the law provides mechanisms that empower companies to restructure their financial obligations and stabilize operations. This article complements our foundational article on UAE bankruptcy law […]

Madhav Vinod Krishna · 15 Nov 2024 · 4 minRead →
Compliance in the UAE

Liquidating a Company under UAE’s New Bankruptcy Law: A Step-by-Step Guide

The UAE’s New Bankruptcy Law, effective from May 1, 2024, sets out a structured approach for entities facing insolvency, providing a pathway for liquidation as a final option. This article complements our foundational article on UAE bankruptcy law by offering a clear, step-by-step guide for stakeholders to understand and navigate the liquidation process under the new […]

Madhav Vinod Krishna · 15 Nov 2024 · 5 minRead →
Compliance in the UAE

Bankruptcy and Insolvency Laws in the UAE: Procedure, Consequences, and Prevention

On May 1, 2024, Federal Law Decree No. 51 of 2023 on Financial Restructuring and Bankruptcy (the “New Bankruptcy Law”) took effect, replacing Federal Decree-Law No. 9 of 2016 (the “Old Bankruptcy Law”). Although much of the structure from the previous law remains intact, the new legislation introduces significant updates, especially regarding how insolvency laws in the […]

Madhav Vinod Krishna · 8 Nov 2024 · 12 minRead →
Banking

UAE Set to Introduce Dedicated Bankruptcy Courts for Adjudicating Cases

UAE Bankruptcy Court according to the Federal Decree-Law No. 51/2023 comes into effect on May 1 Eliminates the need for distinct enforcement proceedings initiated by creditors Preventive Settlement mechanism replaces the Bankruptcy Preventive Composition In a significant stride towards enhancing the legal framework for financial restructuring and insolvency in the United Arab Emirates (UAE), the […]

Reshma Rose Jacob · 18 Jan 2024 · 4 minRead →