Draft:ADGM Courts

• Comment: Half of the sources on this article are WP:PRIMARY. Please obtain a secondary source for all claims. SocDoneLeft (talk) 18:47, 5 March 2026 (UTC)

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Abu Dhabi Global Market Courts
محاكم سوق أبوظبي العالمي
Established	2015
Jurisdiction	Abu Dhabi Global Market (ADGM)
Location	Al Maryah Island, Abu Dhabi
Composition method	Common law, two‑tier
Authorised by	Abu Dhabi Law No. 4 of 2013
Appeals to	Court of Appeal (ADGM)
Website	https://www.adgm.com/adgm-courts
Chief Justice
Currently	H.E. The Right Honourable Lord David Hope of Craighead KT
Since	October 2015

The ADGM Courts are the independent common‑law courts of the Abu Dhabi Global Market (ADGM), a financial free zone in the Emirate of Abu Dhabi, United Arab Emirates. They operate on a two‑tier structure consisting of a Court of First Instance and a Court of Appeal, applying a judicial model based on English common law. They operate as a two‑tier judicial system consisting of a Court of First Instance and a Court of Appeal, modelled closely on the English judicial structure.

Established under Abu Dhabi Law No. 4 of 2013, the courts form one of the three independent authorities of the ADGM and have jurisdiction over civil and commercial matters within the free zone, including the ability for parties with no ADGM connection to “opt‑in” by agreement following 2020 amendments to the founding law.

ADGM is the first jurisdiction in the Middle East to directly apply English common law as its own law, on an “evergreen” basis, making evolving English precedents binding unless legislatively displaced. This approach was affirmed in key appellate decisions including AC Network Holding Ltd v Polymath Ekar SPV1 (2023).

The ADGM Courts are internationally noted for their pioneering fully digital eCourts platform, enabling end‑to‑end electronic case management, e‑bundles, remote hearings, and digital evidence filing.

History

The ADGM Courts were created following the enactment of Abu Dhabi Law No. 4 of 2013, which established ADGM as a financial free zone with its own legislative authorities and independent judiciary.

In 2015, the ADGM Courts Regulations were enacted, bringing the court system formally into force and establishing core judicial powers and procedural rules.

A significant milestone occurred in 2020, when amendments to the Founding Law clarified that ADGM is a full “opt‑in” jurisdiction: parties with no nexus to ADGM may choose ADGM Courts as their forum for civil and commercial disputes. wikitext

Legal Framework

Founding Legislation

The legal authority of the ADGM Courts derives primarily from:

• Abu Dhabi Law No. 4 of 2013, establishing ADGM and its institutions.
• ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, providing judicial authority, evidence rules, enforcement mechanisms, and appointment structures.

Application of English Law

ADGM uniquely applies English common law directly, including the principles of equity and a broad suite of English statutes, via the Application of English Law Regulations 2015.

This adoption is “evergreen,” meaning English common law updates automatically apply in ADGM. The ADGM Court of Appeal confirmed this in AC Network Holding Ltd v Polymath Ekar SPV1 (2023), holding that English precedents have direct legal force in ADGM.

Court Structure and Jurisdiction

The ADGM Courts follow a two‑tier structure:

• Court of First Instance, comprising divisions for Commercial & Civil, Employment, and Small Claims.
• Court of Appeal, consisting of three judges and serving as the final court within ADGM.

Under the 2020 Founding Law amendments, the courts may hear disputes with no ADGM connection whenever the parties select ADGM as their forum.

The ADGM Courts also form part of the Abu Dhabi judicial ecosystem and issue judgments in the name of the Ruler of Abu Dhabi.

Procedure and Practice

Procedure Rules

The governing procedural code is the ADGM Court Procedure Rules 2016, supplemented by extensive Practice Directions and consolidated in The ADGM Book, a digital reference compiled with Wilberforce Chambers.

Digital eCourts Platform

The ADGM Courts are globally recognised for their fully digital infrastructure:

• Electronic filing
• e‑bundles
• Digital evidence
• Video‑conference hearings
• Integrated calendar and notifications

This system was launched in partnership with Microsoft and is considered the first end‑to‑end digital court platform worldwide.

Small Claims

Small claims procedures are governed by Practice Direction 3, offering streamlined processes for claims under USD 100,000 or employment claims where parties so agree.

Arbitration and the Courts

ADGM arbitrations are governed by the Arbitration Regulations 2015, based on the UNCITRAL Model Law.

The courts have clarified significant aspects of arbitration law, including:

• Seat vs administration: In a 2024 case, the ADGM Court confirmed that ICC arbitrations administered from the ADGM office do not make ADGM the legal seat unless explicitly chosen.
• Interim measures: In A30 & Ors v E30 & Ors (2025/2026), the Court of Appeal confirmed that mandatory provisions of ADGM arbitration law override institutional rules in urgent interim‑relief applications.
• Worldwide freezing orders: In A17 v B17 (2025), the Court of First Instance confirmed jurisdiction to issue worldwide freezing orders in support of enforcement proceedings.

Judiciary

ADGM judicial appointments are made by its Board of Directors upon the proposal of the President of the Courts. Judges are drawn from senior tiers of leading common‑law jurisdictions.

Judicial Bench
H.E. The Right Honourable Lord David Hope of Craighead KT
H.E. The Honourable Kenneth Hayne AC
H.E. The Right Honourable Dame Elizabeth Gloster DBE
H.E. Sir Nicholas Patten
H.E. William Stone SBS KC
H.E. Sir Andrew Smith
H.E. James Walker McNeill KC
H.E. Paul Heath KC

The Chief Justice is The Rt Hon Lord David Hope of Craighead KT, appointed in October 2015.