ADGM Courts: Jurisdiction, Procedures & How to File a Claim
Independent common law courts in Abu Dhabi, with their own divisions, procedure rules and eCourts filing
This article explains where the ADGM Courts' jurisdiction comes from and the matters over which it is exclusive. It then covers the Court Procedure Rules 2016, the courts' divisions, filing and serving a claim through eCourts, each stage to judgment, and the rules on the Fast Track, short-term residential lease claims and court-annexed mediation.
Reviewed by Mohamed Noureldin, Founder, Managing Partner & Senior Legal Consultant
A banking or finance transaction within the ADGM, or an employment relationship in the free zone: disputes over each fall within the jurisdiction of the ADGM Courts. These are independent common law courts, with their own procedure rules and an eCourts platform through which claims are filed. Before you file, you need to know whether the dispute is within that jurisdiction, which division will hear it, and what each stage from pre-action correspondence to judgment involves.
Related: our legal consultation services, our courts and litigation practice and our DIFC lawyers.
The Founding Law and English common law
The jurisdiction of the ADGM Courts is primarily defined by the ADGM Founding Law, Law No. (4) of 2013 Concerning Abu Dhabi Global Market, as amended, and subsequent regulations. It extends to civil and commercial disputes arising within the ADGM financial free zone. That zone includes Al Maryah Island.
Under the Application of English Law Regulations 2015, the common law of England, including the rules of equity, applies and forms part of the law of the ADGM, so far as it is applicable to its circumstances. It applies subject to such modifications as those circumstances require and to any amendment by an ADGM enactment. Where it conflicts with Applicable Abu Dhabi Law or an ADGM enactment, the latter prevails. That is a distinctive feature within the UAE. It provides a high degree of legal certainty and predictability.
From contract and banking claims to arbitration awards
The ADGM Court of First Instance has exclusive jurisdiction over civil or commercial claims involving the ADGM or its authorities or establishments. It also has exclusive jurisdiction over claims arising from a contract, transaction or incident in whole or in part in the ADGM. Parties may agree to refer these disputes to arbitration or, in their commercial contracts, to another court. The matters heard include:
- Commercial disputes: cases involving contracts, banking, finance and other commercial transactions within the ADGM.
- Employment matters: disputes arising from employment relationships within the free zone.
- Real property: claims related to real estate located within the ADGM, including recent amendments concerning short-term residential leases.
- Arbitration-related matters: the courts support arbitration, including by enforcing arbitration agreements and awards.
Related: our litigation services, our DIFC lawyers in the arbitration practice and our real estate law advisory service.
Rules drawn from English civil procedure
The ADGM Court Procedure Rules 2016, with subsequent amendments, govern all aspects of litigation. They cover everything from the commencement of a claim to judgment enforcement. The procedural framework draws heavily from English civil procedure rules and is designed to be efficient and transparent.
Key aspects of the procedure include a strong emphasis on case management, early dispute resolution, and the use of technology through the eCourts platform. Litigants can expect a structured approach to their cases. There are clear timelines and requirements for filing documents, exchanging evidence and attending hearings.
The courts encourage alternative dispute resolution (ADR) mechanisms, such as mediation. The aim is to resolve disputes amicably and cost-effectively before proceeding to a full trial.
Which part of the court hears the case
The ADGM Courts consist of the Court of Appeal and the Court of First Instance. The Small Claims, Employment and Real Property Divisions are divisions of the Court of First Instance, which also has a Commercial and Civil Division. The list below describes both courts and those divisions.
- Court of First Instance: the primary court where most civil and commercial claims are initiated. It handles a wide array of disputes falling within the ADGM's jurisdiction.
- Court of Appeal: hears appeals from decisions made by the Court of First Instance. It is the final court of appeal within the ADGM judicial system.
- Small Claims Division: established to provide a simplified and expedited process for disputes involving smaller monetary values. It is particularly beneficial for individuals and small businesses seeking quick and cost-effective justice.
- Employment Division: specialises in employment-related disputes. It offers a dedicated forum for resolving issues between employers and employees within the ADGM free zone.
- Real Property Division: handles disputes related to real estate within the ADGM. A practice direction will set out simplified procedures for claims arising out of short-term residential leases.
Related: our real estate dispute lawyers.
Pre-action letters, the Claim Form and service
A claim in the ADGM Courts follows a structured process managed through the eCourts platform. It moves through these steps:
- Pre-action steps. Before formally commencing proceedings, parties are encouraged to engage in pre-action communication. The purpose is to attempt to resolve the dispute without court intervention. This aligns with the court's approach of promoting settlement and reducing litigation costs.
- Commencing the claim. The claimant files a Claim Form electronically on the ADGM eCourts platform. The form must clearly state the nature of the claim, the remedy sought and the legal basis for the claim.
- Service of the Claim Form. Once filed, the Claim Form must be formally served on the defendant. The ADGM Court Procedure Rules provide specific guidelines for effective service, both within the UAE and internationally. Where the registry has not served it, the claimant must then file a certificate of service within the time the rules set for the division and claim type. That duty does not arise if all other parties have filed acknowledgments of service or, depending on the division, defences within that time.
- The defendant's response. On receiving the Claim Form, the defendant has a specified period to respond. The defendant can file an Acknowledgment of Service, a Defence, or an application to contest the court's jurisdiction. The response will dictate the subsequent steps in the litigation.
If you need guidance on filing a claim, contact our commercial disputes team for a consultation.
What each stage requires, through to judgment
| Stage | Action required | Key considerations |
|---|---|---|
| 1. Pre-action | Parties exchange correspondence to define the issues and explore settlement. | The court expects parties to act reasonably and attempt to avoid litigation. |
| 2. Filing the Claim Form | The claimant prepares and files the Claim Form via the eCourts platform. | The form must state the final orders sought and include the particulars of the claimant's case. |
| 3. Service | The claimant serves the filed Claim Form on the defendant or defendants. | Strict rules apply to the method and timing of service. Proof of service is mandatory. |
| 4. Acknowledgment | The defendant files an Acknowledgment of Service. | This indicates the defendant's intention to defend the claim. |
| 5. Defence | The defendant files a Defence, responding to the allegations in the Claim Form. | The Defence may include a counterclaim against the claimant. |
| 6. Case management | The court holds a Case Management Conference (CMC) to set the timetable for the case. | Directions will be given for disclosure of documents, witness statements and expert evidence. |
| 7. Trial | The case is heard before a judge, and both parties present their arguments and evidence. | The trial is conducted in accordance with English common law principles. |
| 8. Judgment | The court delivers a judgment, which is legally binding on the parties. | The judgment can be enforced through the ADGM Courts' enforcement mechanisms. |
A Fast Track, lease claims and mediation
The ADGM Court Procedure Rules, as re-issued on 17 October 2025, include these provisions:
- Real Property Division: provisions concern 'short-term residential leases' and 'short-term residential lease claims'. They include specific timelines for filing certificates of service in the Real Property Division.
- Fast Track for commercial and civil claims: a 'Fast Track' procedure applies to Commercial and Civil Division cases that the Court places on it. A claimant proposing the Fast Track must attach to the claim form the documents on which it will rely at trial.
- Court-annexed mediation: under Rule 78, a party may at any stage of the proceedings make a written request for them to be referred to court-annexed mediation.
Related: for property matters, our real estate law advisory service.
Related services: our courts and litigation services and our DIFC lawyers.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Readers should seek professional legal advice tailored to their specific circumstances before making any decisions or taking any action based on the content of this article.
Nour Attorneys Team
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