Ahmad Aljwair

Date of Award


Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type



This study will endeavor to contribute to the relative dearth of legal studies dealing with troubled companies in Saudi Arabia. Those few studies that do examine the Bankruptcy Preventive Settlement (BPS) system and the Commercial Court Law (CCL) system in Articles 125-129 do not provide much depth of analysis. These studies have not adequately addressed how the Saudi regulator should balance the interests of the parties at the time of settlement while seeking to revive the troubled company. Based on research of the Saudi and American bankruptcy systems, I suggest that Saudi courts should diagnose the health of the company as early as possible to determine the reasons for its troubles in order to implement a plan to revive the company. To ensure the effectiveness of the plan, it should be carried out under the supervision of a special bankruptcy court and assisted by experts in management, economics and financial accounting.

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