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    Courts

    FAQs Courts Courts Notary Public Arbitration Courts

    What are ADGM Courts?

    ADGM Courts, comprised of a Court of First Instance and a Court of Appeal, are modelled on the English judicial system. This approach has ensured the establishment of a coherent, recognised and accepted legal framework and judicial system that acknowledges the importance of the impartiality and independence of its Judges.

    courts structure.jpg

    Who are the Judges of ADGM Courts?

    The Judges of ADGM Courts are of outstanding calibre and experience, emphasising the character of ADGM Courts as courts of international excellence.

    Lord David Hope of Craighead KT is the Chief Justice of ADGM Courts.

    The Judges will sit both in the Court of First Instance and the Court of Appeal. They can also act as arbitrators under ADGM’s arbitration framework.

    Learn more about ADGM Courts' Judges.

    What is ADGM Courts’ legislative framework?

    ADGM Courts' legislative framework comprises a single unified statute, the ADGM Courts' Regulations, which has been tailored specifically to ADGM Courts' requirements. The Regulations are supported by the Rules, all of which have been drawn from English statutes.

    Learn more about ADGM Courts' legislative framework.

    Can ADGM Courts hear all types of cases?

    No. ADGM Courts cannot hear criminal cases, family cases, or disputes involving estates or inheritance.

    The Court of First Instance has jurisdiction to hear and determine civil and commercial cases and disputes in accordance with ADGM's regulations and rules, including any request, in writing, by the parties to have the Court of First Instance determine the claim or dispute, and appeals against decisions made by ADGM Authorities.

    The Court of Appeal has jurisdiction to hear and determine appeals against judgments and decisions of the Court of First Instance and the interpretation of ADGM's regulations and rules.

    Can I opt in to ADGM Courts for the resolution of my dispute?

    Yes. Pursuant to section 16(2)(e) of the ADGM Courts Regulations, the Court of First Instance has all such jurisdiction as is conferred on it by any request, in writing, by the parties to have the Court of First Instance determine the claim or dispute.

    How do I find out about ADGM Courts’ procedures?

    ADGM Courts' procedures are set out in the ADGM Court Procedure Rules 2016. These are supplemented where appropriate in ADGM Courts' Practice Directions.

    In addition, ADGM Courts have developed Procedural Guides, the aim of which is to assist parties and their legal advisors in relation to the procedural steps that are required in the various examples addressed by the Procedural Guides.

    Do ADGM Courts provide electronic filing or case management services?

    Yes. ADGM Courts offer a full range of secure and sophisticated electronic services.

    Learn more, or watch a video about the platform's key features.

    How can I register as a lawyer or law firm with ADGM Courts?

    ADGM Courts have not instituted a registration system of lawyers as a pre-requisite for a right of audience. The procedure that ADGM Courts have implemented regarding rights of audience is that set out in section 219 of ADGM Courts Regulations.

    However, individuals can register with the ADGM eCourt platform launched in April 2018. Registration for the eCourt platform is fast and simple. You do not need a case to register.

    You can register or sign in here.

    I am a self-represented party. Are you able to provide any information to assist me in understanding ADGM Courts and their procedures?

    Yes. ADGM Courts have prepared some Guidelines for self-represented litigants.

    Access the Guidelines.

    Will ADGM Courts’ hearings always take place in their courtroom?

    No. ADGM Courts Regulations provide that the sittings and any other business of ADGM Courts may be conducted at any place in the world. This will enable ADGM Courts' Judges to manage their assigned cases with greater flexibility, ensuring that parties and their advisers will have their cases dealt with expeditiously, efficiently and economically.

    Will ADGM Courts’ hearings be open to the public?

    Yes. ADGM Courts' hearings will be fully accessible to the public. It is intended that hearings conducted by video conference will be available for real time viewing in ADGM Courts' courtroom located within the ADGM building.

    Will ADGM Courts be convening user groups for consultation with organisations and the legal profession?

    Yes. In 2016, the Registrar of ADGM Courts appointed members from a cross section of law firms and in-house legal terms to join user groups to discuss topics of interest to each group and to provide ADGM Courts with feedback regarding the Courts' services. The maximum term of membership of each group is three years.

    What languages will be used by ADGM Courts?

    ADGM Courts will conduct all proceedings in English.

    All documents are to be submitted in English.

    Is arbitration available within ADGM?

    Yes. ADGM's Board of Directors enacted ADGM's Arbitration Regulations on 17 December 2015. Those Regulations are based on the Model Law on International Commercial Arbitration published by the United Nations Commission on International Trade Law (the UNCITRAL Model Law), a widely recognised global standard for arbitration regulation.

    ADGM Courts' Judges will be available to act as Arbitrators under ADGM's Arbitration Regulations.

    Learn more about Arbitration in ADGM and the ADGM Dispute Resolution Hearing Centre

    Notary Public

    What is a Notary Public?

    A Notary Public is a person who is accredited, authorised, or licensed by Abu Dhabi Judicial Department to attest and notarise documents and to practise all of the functions specified under Law No. (11) of 2017 concerning the Notary Public in the Emirate of Abu Dhabi (the Law). The ADGM Courts’ Notary Public staff are accredited, authorised and licensed by Abu Dhabi Judicial Department.
     

    Who can use the ADGM Courts’ Notary Public service?

    ADGM Courts’ Notary Public service is available for all ADGM registered entities.

    What documents can I have notarised by ADGM Courts’ Notary Public?

    The Notary Public can notarise all types of documents provided that they do not contravene Law No. (11) of 2017 concerning the Notary Public in the Emirate of Abu Dhabi (the Law) or are against public order. In addition, they must not fall under the notary prohibitions, or under any other local jurisdiction, as prescribed in Article No. (1) of the Law.

    How do I make an appointment to have documents notarised?

    ADGM Courts’ Notary Public services are fully digitised. Appointments can be made only via the ADGM Courts’ ePlatform which can be located here. In order to make an appointment, you will need to provide your name, email address and mobile number, and you will need to upload a copy of each of the documents you wish to have notarised.

    Can I choose the date of my appointment?

    Yes. You can ask for particular dates and times for your appointment, which the Notary Public will endeavour to accommodate. However, this cannot be guaranteed. If that is the case you will be given an alternative range of dates and times for the appointment.

    What do I bring with me to my appointment?

    You must bring four (4) copies of each document in an original form to be notarised by the Notary Public. The Notary Public will not be able to print an original of your documents at the time of your appointment. Two will be retained by the Notary Public and the other two will be returned to you. You must bring your Emirates ID card for identification purposes, and a credit card for payment of the fees.

    How much will it cost?

    The fees for ADGM Courts’ Public Notary service are set by the Abu Dhabi Judicial Department pursuant to Law No. (13) of 2017 Concerning the Judicial Fees in the Emirate of Abu Dhabi. ADGM Courts do not charge any additional fee for this service. Please refer to the Fees page for all notarisation fees.

    Will I need to pay the fees at my appointment or can I be invoiced later?

    Payment must be made at the time of the appointment with the Notary Public. The notarisation cannot take place without payment at the time of the service. Payments can only be made via credit or debit card. Cash or cheque will not be accepted.

    What happens if I have made a mistake in my documents and they need to be notarised again?

    The Notary Public will not be able to proceed with notarising the documents. You will need to correct your documents and make another appointment to have them notarised. The Notary Public will do their best to accommodate the earliest next appointment date for you.

    What happens if I have not brought the correct number of original copies of the documents to be notarised to my appointment?

    The Notary Public will not be able to proceed with notarising the documents. The Notary Public will not be able to print an original of your documents at the time of your appointment. The Notary Public will do their best to accommodate the earliest next appointment date for you.

    What language must my documents be in?

    All documents must be in dual language (in the same document) in Arabic and English unless there is a requirement for the document to be either in Arabic or English. The translation of the documents must be certified by a licensed legal translator.

    Where is the office of the Notary Public and what are their business hours?

    The office is located on Level 3 of the ADGM Authorities Building. The reception is at the ADGM Courts reception desk, which is on the south side of the building (Rosewood Hotel side). The business hours are from 8:30am to 5:00pm (Monday to Thursday) and 8:30am to 5:00pm (Friday).
    Arbitration

    Where is the ADGM Dispute Resolution Hearing Centre located and is it open for hearings and mediations?

    The ADGM Dispute Resolution Hearing Centre is located on Level 20, Al Maqam Tower, Al Maryah Island, Abu Dhabi. It became fully operational on Wednesday, 17 October 2018.

    Enquiries regarding arbitration in ADGM and the ADGM Dispute Resolution Hearing Centre should be directed to drhc@adgm.com

    Learn more about the ADGM Dispute Resolution Hearing Centre.

    Is this the ICC Court’s (ICC) first Representative Office in the region? What is the reason for setting it up in ADGM?

    Yes. The ICC had not previously set up a representative office in the Middle East.

    The ICC set up its representative office in Abu Dhabi as an affirmation of the increasing relevance of international arbitration in the MENA region. The ICC will spread the vast experience of the ICC Court and its Secretariat in matching the needs of arbitration users. The ICC is working with ADGM in bringing its services closer to the ICC’s users in the region, in real time and in local language.

    The ICC office is based in the ADGM Dispute Resolution Hearing Centre in Al Maqam Tower.  ICC arbitration enquiries should be directed to +971 2 245 9584.

    Is this an exclusive ADGM/ ICC Dispute Resolution Hearing Centre or can any party have their arbitration case heard in the ADGM Dispute Resolution Hearing Centre?

    The ADGM Dispute Resolution Hearing Centre is not exclusive for ADGM based entities or for ICC administered arbitrations or mediations. Any party wishing to have their arbitration case heard, or mediation held, in the ADGM Dispute Resolution Hearing Centre is welcome to use the advanced facilities, including state-of-the-art technology, offered in the Centre.

    Is the ADGM Dispute Resolution Hearing Centre an arbitral institution?

    No. The ADGM Dispute Resolution Hearing Centre is a hearing facility with advanced facilities and state-of-the-art technology.

    When will the ICC’s Representative Office become operational and what services will be available at that office?

    The ICC’s MENA Representative Office is now operational, following the appointment of ICC Deputy Director, Dania Fahs.  The office is located in ADGM's Dispute Resolution Hearing Centre in Al Maqam Tower on Al Maryah Island. The ICC’s office accept the registration of arbitration cases under the ICC Rules, which are then administered by one of the ICC Court Secretariat’s existing case management teams. Assistance can also be given in regard to general enquiries concerning the ICC‘s services. All case related enquiries must be directed to the ICC Court Secretariat’s case management team assigned to the case. 

    The ICC’s Representative Office contact details are below:

    Dr Dania Fahs| Deputy Director | ICC - ME Representative Office International Court of Arbitration | International Chamber of Commerce

    Level 20, Al Maqam Tower, Al Maryah Island, Abu Dhabi, United Arab Emirates

    Phone: +971 2 245 9584 | Email Dania.fahs@iccwbo.org

    Learn more about the ICC's MENA Representative Office here.

    What is the foundation framework for ADGM as a seat of arbitration?

    ADGM is a seat of arbitration pursuant to ADGM’s Arbitration Regulations 2015 ADGM is a leader as a seat in the MENA region because its Regulations are a modern, pro-arbitration framework that has been modelled on the UNCITRAL Model Law. ADGM has made contemporary modifications and enhancements to the UNCITRAL Model Law to ensure it is a seat that reflects best international arbitration practice and to accommodate the needs of users in the MENA region.

    Are ADGM seated arbitral awards enforceable under the New York Convention?

    Yes. Pursuant to section 55 of ADGM’s Arbitration Regulations 2015, where the UAE has entered into an applicable treaty for the recognition and enforcement of arbitral awards, including the New York Convention, that treaty shall apply in ADGM and ADGM Courts shall comply with the terms of such treaty. The UAE ratified the New York Convention in 2006.

    Who are the stakeholders that will benefit from the ADGM Dispute Resolution Hearing Centre?

    All parties seeking to have their arbitration case heard, or mediation held, in advanced and accessible facilities in the MENA region will benefit from the ADGM Dispute Resolution Hearing Centre. The Centre will particularly benefit parties who previously needed to travel outside of Abu Dhabi or the UAE for the hearing of their arbitration case.

    Will local businesses that are based onshore be able to have their arbitration cases heard in the ADGM Dispute Resolution Hearing Centre?

    Yes. All parties are welcome to use the hearing and conference facilities available in the ADGM Dispute Resolution Hearing Centre.

    What are some of the state-of-the art features of the ADGM Dispute Resolution Hearing Centre?

    The ADGM Dispute Resolution Hearing Centre is fully digital in its operations, consistent with all dispute resolution services in ADGM. A few of the features of the ADGM Dispute Resolution Hearing Centre are advanced video-conferencing facilities and access to cutting edge software for case preparation and presentation of evidence.

    Will there be arbitration and mediation related training courses offered at the ADGM Dispute Resolution Hearing Centre?

    Yes. It is expected that in due course a range of courses will be offered for anyone seeking education, training and/ or accreditation in arbitration and mediation.

    Enquiries regarding training events should be directed to drhc@adgm.com.

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