Debt chaos signals the end of West's love affair with Dubai
It was already looking somewhat strained, but now the West's love affair with the debt-fuelled desert oasis of Dubai has come to an abrupt halt. While the initial panic in response to the Dubai Government's decision two weeks ago to ask creditors for a debt standstill on the obligations of Dubai World has died down, there is no doubt the emirate's reputation as a business centre has taken a knock.
December 09, 2009 at 07:04 PM
4 minute read
Dubai World's restructuring will see firms take a hard look at Middle East strategy
It was already looking somewhat strained, but now the West's love affair with the debt-fuelled desert oasis of Dubai has come to an abrupt halt. While the initial panic in response to the Dubai Government's decision two weeks ago to ask creditors for a debt standstill on the obligations of Dubai World has died down, there is no doubt the emirate's reputation as a business centre has taken a knock.
The ability of Dubai-related entities to tap the capital markets will also be severely curtailed in future unless the Dubai World debt restructuring suddenly starts going a lot better than looks likely. The episode will also do long-term damage to the emirate's hope of establishing itself as a major financial centre. This issue is of particular importance to law firms, which have been ploughing resources into Dubai for the last five years, leaving this small but highly-concentrated economy with a very heavily lawyered market. The worse case scenario, some argue, will see firms pulling out of Dubai altogether to focus on more stable, oil-rich markets like Abu Dhabi, Qatar or Saudi Arabia.
There has been talk from Dubai-based advisers to the effect that this whole episode has been exaggerated by foreign media and naive creditors and that this outcome was always on the cards. That seems a rather convenient rewriting of history, given that Dubai officials had been widely reported as indicating for months that they would make good on debt obligations. Likewise, those pointing out that the quasi-state guarantees are not as good as explicit Government backing are reaching. Implicit guarantees can be broken – so can explicit ones – but there are always consequences.
Not all Middle Eastern advisers are so sanguine on Dubai's woes. A number have always thought it a rather unstable market, dominated by property speculation and excess in comparison to markets like Abu Dhabi. Others argue the main value of being in Dubai is to get outbound investment work.
The more committed firms who have been there for some time have spread their Middle East interests across the region, but the firms that will struggle will be those who have bought in big teams and are too heavily focused on Dubai alone, a camp in which many put DLA Piper. The firm, which was until recently heavily reliant on Dubai World property developer Nakheel, this week announced its third round of redundancies in the region.
Aside from the impact on the Dubai market, the attempt to restructure Dubai World's debt obviously throws up high stakes issues. For one, the UAE has no sophisticated insolvency laws set up to deal with such a situation. Likewise, the restructuring, which includes the $3.5bn (£2.1bn) bond issued by Nakheel, will be the first time a Sharia-compliant security has been tested in default or something that looks a lot like it. A messy outcome on resolving this – which will be complicated by the lack of standardisation inherent in Sharia law vehicles – would be the first major stress test the Islamic finance market has faced.
Advisers on Dubai World's restructuring can at least look forward to a groundbreaking and sizeable mandate, in particular Latham & Watkins and Clifford Chance, respectively advising the Dubai Government and Dubai World. Creditors counsel like Allen & Overy and Denton Wilde Sapte will want to tread carefully as the Dubai authorities are not known for taking kindly to an aggressive stance. A number of legal advisers are believed to have passed on the bondholder mandate that Ashurst has taken, which shows that some law firms still think Dubai is worthy of long-term investment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Almost Impossible'?: Squire Challenge to Sanctions Spotlights Difficulty of Getting Off Administration's List
4 minute read'Never Been More Dynamic': US Law Firm Leaders Reflect on 2024 and Expectations Next Year
7 minute readTrending Stories
- 1Advising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
- 2Big Law’s Year—as Told in Commentaries
- 3Pa. Hospital Agrees to $16M Settlement Following High Schooler's Improper Discharge
- 4Connecticut Movers: Year-End Promotions, Hires and an Office Opening
- 5Luigi Mangione Defense Attorney Says NYC Mayor’s Comments on Case Raise Fair Trial Concerns
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250