BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales High Court (Chancery Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Almuhairi & Anor, Re [2024] EWHC 535 (Ch) (31 January 2024) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2024/535.html Cite as: [2024] EWHC 535 (Ch) |
[New search] [Printable PDF version] [Help]
BUSINESS AND PROPERTY COURT
OF ENGLAND & WALES
CHANCERY DIVISION
Fetter Lane London, EC4A 1NL |
||
B e f o r e :
____________________
IN THE MATTER OF: | ||
(1) KHALEEFA BUTTI OMAIR YOUSIF ALMUHAIRI | ||
(2) HIS EXCELLENCY SEED MOHAMED BUTTI KHALFAN ALQEBAISI | Applicants |
____________________
____________________
Crown Copyright ©
MR JUSTICE MICHAEL GREEN:
(1) That the Bankruptcies are foreign proceedings for the purposes of the CBIR, being proceedings that were open pursuant to an insolvency law and satisfying the other requirements such as court control and a restructuring purpose.
(2) That the Bankruptcies are "foreign main proceedings" because the Debtors' COMI (centre of main interests) have at all times been in the UAE, which is the relevant state for the purposes of the CBIR.
(3) That the Trustee Committee collectively and the Applicants individually is and are the "foreign representatives" of the Debtors, being appointed by the Abu Dhabi Commercial Court in relation to the Bankruptcies.
(4) The court is therefore bound to recognise the Bankruptcies.
"1. Subject to Article 6 [the public policy exception] a foreign proceeding shall be recognised if –
(a) it is a foreign proceeding within the meaning of sub-paragraph (i) of article 2;
(b) the foreign representative applying for recognition is a person or body within the meaning of sub-paragraph (j) of article 2;
(c) the application meets the requirements of paragraphs 2 and 3 of article 15; and (d) the application has been submitted to the court referred to in article 4."
"2. The foreign proceedings shall be recognised – (a) as a foreign main proceeding if it is taking place in the State where the debtor has the centre of its main interests; or (b) as a foreign non-main proceeding if the debtor has an establishment ... in the foreign State."