The ADGM courts will hear the following types of cases: Peter Smith reviews the cases of the past five years before the ADGM courts, including labour, property, commercial disputes, bankruptcies and arbitration. The ADGM courts publish a searchable list of all cases pending before them. It is true that the parties can always apply to the courts of the ADGM for the recognition and enforcement of judgments and arbitral awards that do not belong to the ADGM, even if there are no relevant assets in the ADGM. That is, in such cases, the registry of the ADGM courts will not apply the « execution formula » to a judgment or order of the ADGM court for the purposes of enforcement (including enforcement) in other jurisdictions. This amendment reflects the ADGM`s view that, in practice, questions of legal interpretation in cases brought before the ADGM courts are more likely to arise and be dealt with at the level of the first instance. Smith J.A. held that the ADGMCFI had jurisdiction to hear the case on the ground that the question of the applicability of the arbitration agreement was « a civil or commercial matter or a dispute related to the Abu Dhabi world market » (paragraph 15). Given B3`s silence throughout the proceedings, Smith J. addressed the following issues and then concluded in favour of the validity and applicability of the arbitration agreement: Article 44(1) lists various conduct from which the parties are excluded because they deviate from the standards of good conduct expected of the parties` representatives. Subsection 44(2) sets out the types of sanctions that the tribunal may impose if a party files a complaint against another representative of the party after giving the representative of the party concerned an opportunity to make representations. Under article 44, paragraph 3, the decision of the arbitral tribunal must be rendered in writing. Article 44(4) provides that, in any event, the arbitral tribunal is entitled to take into account the conduct of the parties and the representatives of the parties when deciding on the apportionment of the costs of the arbitration between the parties.
Although this is the case under the founding law, some doubts were again expressed as to whether the ADGM courts have the same status as the land courts in Abu Dhabi, particularly with regard to the enforcement of judgments and arbitral awards under international treaties and conventions to which the UAE has acceded. The parties will be assisted in the electronic services of the ADGM courts once the electronic services are fully implemented. The ADGM courts will offer a range of electronic services, including e-filing, e-business management and e-trials. The ADGM Court`s electronic services include (a) the electronic filing of all documents and the ability to make payments online, (b) communication between the parties and the ADGM courts and the ability for lawyers to track their cases, and (c) electronic court proceedings with access to electronic documents, remote audiovisual connections, real-time transcripts and search functions. Articles 31(4) and (5) introduce the procedure for obtaining an interim injunction. In urgent cases, it is for the Court to issue, at the request of a party, such orders as it deems necessary for the preservation of evidence or assets. In cases of urgency, the tribunal may act only at the request of one of the parties if it informs the other parties and the arbitral tribunal. The Court of Appeal has jurisdiction (a) to hear appeals against judgments or decisions of the Court of First Instance and (b) to interpret the articles of the laws and regulations of the ADGM. There is no automatic right of appeal against judgments of the Civil and Labour Division. A party must apply for leave to appeal the judgment, either to the Court of First Instance or to the Court of Appeal.
In the event of a judgment by the Small Claims Division, only one point of law may be appealed. The judgments of the Court of Appeal are final and cannot be appealed. Read Peter`s full article here, Five Years of Cases before the ADGM Courts Amendment No. 1 of 2020 follows a five-year review by the ADGM of model law arbitration laws, rules of major arbitration institutions, and arbitration-related cases and judgments, as well as a consultation paper calling on the public to make the proposed updates. These updates update the Arbitration Rules and aim to make them more up-to-date and align them with international best practices. Notable changes are discussed in more detail below. Types of cases that ADGM courts can hear and few, if not most, of the cases registered in court concern claims by banks against customers who violate financing contracts, particularly credit card debt, as well as owner-tenant disputes. None of these decisions have been reported. Otherwise, to appear before the ADGM courts, you must be a lawyer who has worked continuously for at least 5 years before appearing in court. Lawyers who have been suspended or suspended as a result of disciplinary proceedings are not entitled to a hearing. The ADGM courts have not introduced a registration system for legal professionals as a prerequisite for public rights, as is the case for the courts of the Dubai International Financial Centre.
The Civil Chamber is responsible for cases where the claim exceeds $100,000. It also handles appeals from judgments of the Small Claims Division and reviews the decisions of the ADGM authorities. In addition, the amendments to subsection 31(3) provide that the tribunal`s power to issue interim measures applies even if (i) the seat of arbitration is outside the ADGM or no seat has been designated, or (ii) an injunction is sought against a non-party to the arbitration agreement. The amendments to the Arbitration Rules are broader than the recent judgment in cases A and B v. C, D and E,2, in which the English Court of Appeal expressed its willingness to compel third parties to testify, and to go further by expressly applying interim or preservation measures. Depending on the type of activities the companies will carry out and the type of license they will receive from ADGM, they may or may not need office space on Al Maryah Island. Once the contact is established with the ADGM team, they will advise you on a case-by-case basis on the requirements of the office. Our experienced practice management team can help you find the right lawyer for your case. In December 2019, A3 commenced arbitration under the ICC Rules to obtain a valid declaration of termination of the lease and financial relief. B3 remained silent.
In a broader sense, the ICC Court has decided, on the basis of the powers conferred on it by Article 6(4) of the ICC Rules, that arbitration should not continue without (as is customary in such cases) without giving reasons. It is important to note that Article 6(6) of the ICC Rules allows a party to apply to a court of competent jurisdiction whether there is a binding arbitration agreement in the event that the ICC Tribunal rules against arbitration under Article 6(4). The ADGM courts have been receiving cases electronically since they are put into operation. The electronic and physical infrastructure for implementation and case consultation is nearing completion. Article 34(4) also clarifies that the primary objective of the arbitral tribunal is to ensure that the arbitration is conducted in a fair, efficient and expeditious manner. Article 34, paragraph 4, requires the arbitral tribunal « to apply procedures appropriate to the circumstances of the case, to avoid unnecessary delays and costs and to allow for the fair, efficient and expeditious conduct of the arbitration ». The courts publish a searchable list of claims pending before them.