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FURTHERING DEBT RECOVERY THROUGH COST EFFECTIVE LITIGATION PROCESS IN THE MIDDLE EAST

FURTHERING DEBT RECOVERY THROUGH COST EFFECTIVE LITIGATION PROCESS IN THE MIDDLE EAST. Tony Maalouli Managing Director ProConsult Advocates & Legal Consultants. Debt Collection in the Middle East Environment. The Debt Collection Climate in the Middle East

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FURTHERING DEBT RECOVERY THROUGH COST EFFECTIVE LITIGATION PROCESS IN THE MIDDLE EAST

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  1. FURTHERING DEBT RECOVERY THROUGH COST EFFECTIVE LITIGATION PROCESS IN THE MIDDLE EAST Tony MaalouliManaging DirectorProConsult Advocates & Legal Consultants

  2. Debt Collection in the Middle EastEnvironment • The Debt Collection Climate in the Middle East • Integrating an Efficient Business Strategy • The Importance of Relationships

  3. Debt Collection in the Middle EastLitigation • Making Sure It is the Last Resort • Getting the Right Information • First Line of Enforcement: Notification • Choosing the Most Appropriate Course of Action to Pursue • Loan Security and Enforcement

  4. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • Overview of the UAE Legal System • Local Courts • Federal Courts 1978 Onwards • Islamic Shari’a as Source of Legislation • Civil Code Jurisdiction • Federal Laws versus Local Laws

  5. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE Court of Cassation Federal Supreme Court Courts of Appeal Courts of Appeal Courts of First Instance Courts of First Instance

  6. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • UAE Courts’ Jurisdiction • Enforcement of Foreign Judgments: Article (21) and Articles (235-238) of the UAE Civil Procedure Code • The Federal Laws dealing with Trading, Shipping and Commercial Disputes • Arrest and Attachment of Assets • Provisional Attachment

  7. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • Interest and Legal Costs: • Pre-judgment Interest • Post-judgment Interest • Court Fees • Lawyers’ Fees

  8. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • Debt Recovery in the UAE in case of Insolvency

  9. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • Arbitration in the UAE: • Articles (203-218) of the UAE Civil Procedure Code • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 • Dubai International Arbitration Centre • New draft Arbitration Law

  10. HOW TO BEST HANDLE LITIGATION AND DISPUTE RESOLUTION IN THE UAE • Dubai International Financial Centre Court

  11. Conclusion • The litigation and commercial arbitration processes can be relatively effective for collecting debt. If litigation is the chosen method, it is essential that pre-litigations measures are carefully planned and integrated into a company's Accounts Receivable Management process. The key to success is in assessing each account individually and making a judgment on the most appropriate course of action to pursue. It is important to weigh the cost of the procedure against the value of the debt to be recovered. Despite its benefits, Litigation remains one of the most under-used process for debt recovery. An overhaul of enforcement provisions including further procedural changes may well serve to accelerate its popularity. • If arbitration is advised and preferred, a company's success lies in its close understanding of the arbitration procedures. • The countries in the Middle East region are still developing economies and the business climate is often volatile. In order to hedge one's risk, a company must understand the debt collection process when doing business in the Middle East.

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