News

A flexible new service designed to assist parties in resolving their disputes via ADGM Courts’ internationally accredited mediators

Abu Dhabi Global Market Courts (“ADGM Courts”), the internationally recognised independent courts of ADGM, are pleased to launch their court-annexed mediation service to better serve the increasing demand for mediation solutions and services for ADGM entities and litigants before ADGM Courts. This new service is designed to ensure that litigants and the ADGM community can explore and achieve a settlement of their disputes by accessing alternative dispute resolution options with internationally accredited mediators from ADGM Courts.

Following extensive consultation with the legal profession, this new mediation initiative by ADGM Courts has been established to address a pressing need for a world-class framework that serves as an alternative dispute resolution option to court proceedings and arbitration. The ADGM court-annexed mediation service will assist parties in negotiating settlements of disputes before an independent and impartial mediator in the most efficient and cost-effective manner. The ADGM Court-annexed mediation service is now available and is free of charge.

The Right Honourable Lord David Hope of Craighead KT, Chief Justice of ADGM Courts, said: “The introduction of mediation services by ADGM Courts signals a significant step in the development and advancement of the alternative dispute resolution offering in ADGM. Mediation has gained its rightful place as an effective means of resolving disputes outside the scope of judicial proceedings. In response to an increasing demand for and the growing appeal of mediation, the Courts have delivered this framework necessary for the settlement of disputes that will help to preserve commercial, business and personal relationships. This initiative adds to ADGM’s recognition as a respected and well-regarded regional and international destination for dispute resolution”.

In litigation and arbitration, a decision maker, usually a judge or arbitrator, examines the case and makes binding decisions on the parties. In mediation, the mediator has no decision-making powers. Rather than imposing a solution on the parties, the mediator works with parties to analyse their differences and common areas through communication, while applying innovative problem-solving techniques to achieve a sustainable and mutually-agreeable resolution without the involvement of the Court.

In an efficient, party-controlled, confidential and non-adversarial process, the court-annexed mediation service can be deployed to resolve all types of disputes with the aim of preserving key business, personal and commercial relationships. The process is both without prejudice and confidential, which means that any information and documents disclosed during the process cannot be used against the disclosing party or compromise the position of either party in the event that court proceedings or an arbitration continue or are subsequently commenced.

About ADGM Courts:

ADGM Courts, the latest and most progressive judicial framework in the Middle East, are one of three worldclass and independent authorities under ADGM supporting Abu Dhabi’s commitment to providing an innovative, efficient and dynamic business environment that fosters continuous economic growth. ADGM is the first jurisdiction in the Middle East that directly applies the well-established and internationally accepted principles of English common law.

Fully operational since May 2016, ADGM Courts are anchored by a judiciary of highly experienced and eminent judges from the world’s leading common law jurisdictions. ADGM Courts are made up of a Court of First instance and a Court of Appeal that handle civil and commercial disputes. With “innovation” as part of their DNA, ADGM Courts are “digital” by default and continue to transform the engagement and delivery of judicial and dispute resolution services via their e-platform.

As an integral member of Abu Dhabi’s judicial system, ADGM Courts continue to establish strategic relationships for local and international judicial cooperation to advocate and uphold the highest level of international practice. ADGM Courts’ collaborations include Abu Dhabi Judicial Department, the UAE Ministry of Justice, Ras Al Khaimah Courts, the Commercial Court, Queen’s Bench Division, England and Wales, the High Court of the Hong Kong Special Administrative Region of the People’s Republic Of China, the Supreme Court of New South Wales, the Federal Court of Australia, the Supreme Court of the Republic of Singapore.

For more updates and information of ADGM Courts, please visit ADGM Courts page. 

About Abu Dhabi Global Market

Abu Dhabi Global Market (ADGM), an international financial centre (IFC) located in the capital city of the United Arab Emirates, opened for business on 21 October 2015. Established by a UAE Federal Decree as a broad-based financial centre, ADGM augments Abu Dhabi’s position as a global hub for business and finance and serves as a strategic link between the growing economies of the Middle East, Africa and South Asia and the rest of the world.

ADGM’s strategy is anchored by Abu Dhabi’s key strengths including private banking, wealth management, asset management and financial innovation. Comprising three independent authorities: ADGM Courts, the Financial Services Regulatory Authority and the Registration Authority, ADGM as an IFC governs Al Maryah Island which is a designated financial free zone. It enables registered financial institutions, companies and entities to operate, innovate and succeed within an international regulatory framework based on Common Law.

Since its inception, ADGM has been awarded the “Financial Centre of the Year (MENA)” for three consecutive years for its initiatives and contributions to the financial and capital markets industry in the region.*

For more details of ADGM, please visit www.adgm.com or follow us on Twitter: @adglobalmarket and Linkedin: ADGM

* Source : The Global Investor Middle East and North Africa (MENA) Awards

Rawand AlQadi
Rawand.alqadi@adgm.com
Tel: +0561779653