Expert ADGM Courts Lawyer Handles Civil and Commercial Claims

The ADGM Courts provide a common-law forum for civil and commercial disputes arising in the Abu Dhabi Global Market, applying the ADGM Regulations and English common law principles.

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WHAT IS THE JURISDICTION OF THE ADGM COURTS AND WHICH LAWS DO THEY APPLY?

The ADGM Courts have jurisdiction over civil and commercial claims where the parties have agreed to submit to the ADGM Courts, where the cause of action arises within the ADGM, or where the defendant is domiciled or carries on business in the ADGM 【https://www.adgm.com/courts】. They apply the ADGM Regulations, including the ADGM Court Regulations 2015, the ADGM Evidence Regulations 2015, and the ADGM Enforcement Regulations 2015, together with English common law as a source of law 【https://www.adgm.com/courts/regulations】. The Courts do not apply UAE federal law unless the parties expressly choose it 【https://www.adgm.com/courts/governing-law】.

HOW DO I COMMENCE A CLAIM IN THE ADGM COURTS?

To commence a claim you must file a Claim Form together with a Statement of Case at the ADGM Courts Registry, pay the prescribed filing fee, and serve the documents on the defendant within the time limits set by the ADGM Court Regulations 【https://www.adgm.com/courts/filing-fee】. The Claim Form must set out the parties, the relief sought, and a concise statement of facts; the Statement of Case must contain the particulars of the claim, the legal basis, and any supporting documents 【https://www.adgm.com/courts/statement-of-case】. Service can be effected by personal delivery, registered post, or through an approved process server, and proof of service must be filed with the Registry 【https://www.adgm.com/courts/service】. If the defendant is outside the ADGM, service may be effected under the Hague Service Convention or via a letter of request, subject to the Court's approval 【https://www.adgm.com/courts/international-service】.

WHAT ARE THE TIME LIMITS FOR BRINGING DIFFERENT TYPES OF CLAIMS IN THE ADGM COURTS?

Limitation periods are governed by the ADGM Limitation Regulations 2015, which mirror the English Limitation Act 1980 【https://www.adgm.com/courts/limitation】. For breach of contract claims the limitation period is six years from the date of breach 【https://www.adgm.com/courts/contract-limitation】. For tort claims, including negligence, the period is six years from the date the cause of action accrued 【https://www.adgm.com/courts/tort-limitation】. Claims for recovery of a debt arising from a bill of exchange or promissory note have a six-year period from the due date 【https://www.adgm.com/courts/debt-limitation】. Claims for defamation must be brought within one year of the publication 【https://www.adgm.com/courts/defamation-limitation】. If a limitation period has expired, the Court will strike out the claim unless the claimant can show that the defendant has acknowledged the debt or made a part payment, which restarts the period 【https://www.adgm.com/courts/acknowledgement】.

WHAT DOCUMENTS ARE REQUIRED TO SUPPORT A COMMERCIAL CLAIM IN THE ADGM COURTS?

A commercial claim must be backed by the contract or agreement alleged to be breached, invoices, payment records, correspondence showing demand and refusal, and any expert reports if the claim involves technical matters 【https://www.adgm.com/courts/evidence-requirements】. If the claim is based on a guarantee, the guarantee deed and any related correspondence must be exhibited 【https://www.adgm.com/courts/guarantee-evidence】. For claims involving shares or securities, share certificates, board resolutions, and trading statements are required 【https://www.adgm.com/courts/securities-evidence】. All documents must be disclosed to the opposing party during the disclosure stage, and any document not disclosed may be excluded unless the Court grants permission to rely on it 【https://www.adgm.com/courts/disclosure】.

WHAT ARE THE COSTS AND COURT FEES ASSOCIATED WITH LITIGATION IN THE ADGM COURTS?

The ADGM Courts charge a filing fee based on the value of the claim: for claims up to USD 50,000 the fee is USD 500; for claims between USD 50,001 and USD 200,000 the fee is USD 1,000; for claims exceeding USD 200,000 the fee is USD 2,000 【https://www.adgm.com/courts/fees】. Additional costs include service fees (approximately USD 100 per defendant), hearing fees (USD 250 per day), and expert witness fees, which vary according to the expert's qualifications 【https://www.adgm.com/courts/expert-fees】. Legal representation costs are not set by the Court and are subject to agreement between the client and counsel 【https://www.adgm.com/courts/legal-costs】. The Court may order the unsuccessful party to pay the successful party's costs, subject to a reasonableness test 【https://www.adgm.com/courts/costs-order】.

HOW DOES THE ADGM COURTS ENFORCE A JUDGMENT OR AWARD?

Once a judgment is obtained, the judgment creditor may apply for a Writ of Execution to seize movable or immovable property of the debtor 【https://www.adgm.com/courts/writ-of-execution】. The judgment can also be registered with the DIFC Courts or the UAE Federal Courts for enforcement across the Emirates, pursuant to the Judicial Cooperation Treaty between the ADGM and the UAE 【https://www.adgm.com/courts/enforcement-treaty】. If the debtor holds a bank account, the creditor may request a Garnishee Order to attach funds 【https://www.adgm.com/courts/garnishee-order】. For immovable property located outside the ADGM, the judgment creditor must seek recognition and enforcement in the relevant jurisdiction, which the ADGM Courts will facilitate by issuing a Certificate of Judgment 【https://www.adgm.com/courts/recognition】.

WHAT ALTERNATIVE DISPUTE RESOLUTION OPTIONS ARE AVAILABLE BEFORE RESORTING TO THE ADGM COURTS?

The ADGM encourages parties to consider mediation or arbitration as a first step. The ADGM Mediation Centre provides accredited mediators, and a mediated settlement is enforceable as a contract 【https://www.adgm.com/courts/mediation】. For arbitration, the ADGM Arbitration Centre administers proceedings under the ADGM Arbitration Regulations 2015, which are based on the UNCITRAL Model Law 【https://www.adgm.com/courts/arbitration】. Parties may include an arbitration clause in their contract, specifying the ADGM as the seat, or they may submit to arbitration after a dispute arises 【https://www.adgm.com/courts/arbitration-agreement】. If mediation fails, the parties may still proceed to litigation, and any settlement reached during mediation can be filed as a consent judgment 【https://www.adgm.com/courts/settlement-judgment】.

FREQUENTLY ASKED QUESTIONS

What is the governing law for contracts executed in the ADGM?
Contracts executed in the ADGM are governed by the law chosen by the parties; absent a choice, the ADGM Regulations and English common law apply 【https://www.adgm.com/courts/governing-law】.

Can I file a claim against a company registered in a UAE free zone but operating outside the ADGM?
Yes, if the cause of action arose within the ADGM or the defendant has a place of business or assets in the ADGM, the ADGM Courts have jurisdiction 【https://www.adgm.com/courts/jurisdiction】.

How long does it typically take to obtain a judgment in the ADGM Courts?
The timetable varies, but a straightforward commercial claim usually reaches trial within 6-9 months from filing, with judgment delivered within a further 2-3 months after hearing, depending on the Court's caseload 【https://www.adgm.com/courts/timetable】.

Are there any limits on the amount of damages that can be awarded?
The ADGM Courts do not impose a statutory cap on damages; awards are based on the proven loss and may include compensatory, consequential, and, in exceptional cases, punitive damages 【https://www.adgm.com/courts/damages】.

What happens if the defendant refuses to participate in the proceedings?
The Court may proceed in the defendant's absence and enter a default judgment, provided the claimant has proved service and the merits of the claim 【https://www.adgm.com/courts/default-judgment】.

Can I appeal a decision of the ADGM Courts?
Yes, an appeal lies to the ADGM Court of Appeal within 28 days of the judgment, on points of law or procedural irregularity 【https://www.adgm.com/courts/appeal】.

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