ADGM Courts Procedure Rules · Abu Dhabi Global Market

ADGM Court Procedure Rules 2016

A reference record of ADGM Court Procedure Rules 2016, drawn from the instrument's own official text. It sets out how the law is organised — its Parts, its section count and its length — and links to the text itself. It does not interpret the law or offer advice on it.

At a glance

CitationADGM Court Procedure Rules 2016
Instrument typeADGM Courts Procedure Rules
Enacted2016
JurisdictionAbu Dhabi Global Market
Parts39
Numbered sections320
Chapters0

How ADGM Court Procedure Rules 2016 is organised

The 39 Parts below are the instrument's own divisions, in the order the official text sets them out.

PartHeading
Part 1Scope And Interpretation
Part 2General Powers Of Management
Part 3Court Documents
Part 4Service Of Documents
Part 5Commencement Of Proceedings
Part 6Defence And Reply
Part 7Parties And Group Litigation
Part 8General Rules About Applications For Court Orders
Part 9Summary Judgment
Part 10Interim Remedies
Part 11Security For Costs
Part 12Case Management
Part 13Disclosure And Inspection Of Documents
Part 14Evidence
Part 15Witnesses And Depositions
Part 16Evidence From Foreign Courts
Part 17Experts And Assessors
Part 18Offers To Settle
Part 19Discontinuance
Part 20Miscellaneous Provisions Relating To Hearings
Part 21Judgments And Orders
Part 22Damages
Part 23Change Of Lawyer
Part 24Fees And Costs
Part 25Appeals
Part 26Judicial Review
Part 27Arbitration
Part 28Court'S Power To Appoint A Receiver
Part 29General Rules About Enforcement Of Judgments And Orders
Part 30Orders To Obtain Information From Judgment Debtor
Part 31Third Party Debt Orders
Part 32Charging Orders, Stop Orders And Stop Notices
Part 33Applications In Relation To Contempt Of Court
Part 34Reciprocal Recognition And Enforcement Of Judgments Of Other Jurisdictions
Part 35Enforcement Of The Court'S Judgments
Part 36Court-Annexed Mediation
Part 37Small Claims Division
Part 38Employment Division
Part 39Writ Of Control

What ADGM Court Procedure Rules 2016 covers, section by section

The 320 section headings below are the instrument's own, reproduced in its order. They are a map of the law, not a summary of it — for the wording of any article, read the official text.

  1. Citation and commencement
  2. Scope and objective
  3. Interpretation
  4. Court documents
  5. Forms
  6. Time
  7. Time limits
  8. The Court's general powers of management
  9. Striking out a statement of case
  10. Sanctions for non-payment of Court fees
  11. Non-compliance with these Rules
  12. Signature of documents
  13. Filing and sending documents
  14. Access to Court records
  15. Methods of service
  16. Personal service on an individual
  17. Places for service of the claim form
  18. Deemed time of service
  19. Service of documents by an alternative method or at an alternative place
  20. Power of the Court to dispense with service
  21. Certificate of service
  22. Address for service to be given after proceedings are started
  23. Notification of change of address
  24. Service of the claim form and other documents out of the Jurisdiction
  25. Notice of statement of grounds
  26. Service of Documents from Foreign Courts or Tribunals
  27. The claim form
  28. Service of a claim form
  29. Application by defendant for service of claim form
  30. Alternative Procedure for claims — Rule 30 Procedure
  31. Evidence under the alternative procedure
  32. Filing and serving written evidence under the alternative procedure
  33. Procedure where defendant objects to use of the Rule 30 procedure
  34. Modifications to the general rules
  35. Answering a claim
  36. Acknowledgment of service and consequence of not filing an acknowledgment of service
  37. Period for filing and serving acknowledgment of service
  38. Procedure for disputing the Court’s jurisdiction
  39. Default judgment
  40. Conditions to be satisfied
  41. Setting aside or varying default judgment
  42. Admissions
  43. Request for time to pay
  44. Filing and serving a defence
  45. Filing and serving a reply
  46. Extending the period for filing and serving a defence
  47. Claim stayed if not defended or admitted
  48. The defence
  49. Contents of defence
  50. Counterclaim
  51. Defendant's additional claim
  52. Amendments of statements of case
  53. Permission to amend statements of case
  54. Further information
  55. Parties — general
  56. Addition and substitution of parties
  57. Representative parties
  58. Power to make judgments binding on non-parties
  59. Derivative claims
  60. Derivative claims under the Companies Regulations
  61. Derivative claims — other bodies corporate
  62. Derivative claims arising in other proceedings
  63. Group Litigation Orders
  64. Application notices
  65. Service of application where application made without notice
  66. Applications to be disposed of without a hearing
  67. Dismissal of totally without merit application
  68. Grounds for summary judgment
  69. Evidence for the purpose of a summary judgment hearing
  70. Court's power when it determines a summary judgment application
  71. Orders for interim remedies
  72. Timing and other considerations for an order for an interim remedy
  73. Interim payments
  74. Powers of Court where it has made an order for interim payment
  75. Security for costs
  76. Security for costs of an appeal
  77. Directions
  78. Stay to allow for settlement of the case
  79. Case management conference
  80. Steps taken by the parties
  81. Variation of case management timetable
  82. Pre-trial checklist
  83. Setting a trial timetable
  84. Transfer of proceedings
  85. Scope of disclosure
  86. Order for disclosure
  87. Duties where further or specific disclosure required
  88. Order against a non-party
  89. Use of disclosed documents
  90. Right of inspection
  91. Failure to disclose or to permit inspection
  92. Power of the Court to control evidence
  93. Evidence of witnesses
  94. Witness statements
  95. Evidence in proceedings other than at trial
  96. Order for cross-examination
  97. Witness statements and exhibits
  98. Filing of witness statements and exhibits
  99. Witness summaries
  100. Consequences of failure to file or serve a witness statement or witness summary
  101. Cross-examination on a witness statement
  102. Use of witness statements for other purposes
  103. Availability of witness statements for inspection
  104. Affidavit evidence
  105. Who may take affidavits
  106. Filing of affidavits
  107. Affidavit made outside the jurisdiction
  108. Circumstances where affidavit required
  109. Notice to admit facts or part of the case
  110. Notice to admit or produce documents
  111. Notarial acts and instruments
  112. Notice of intention to rely on hearsay evidence
  113. When notice of intention to rely on hearsay evidence is not required
  114. Power to call witness for cross-examination on hearsay evidence
  115. Credibility
  116. Use of plans, photographs and models as evidence
  117. Evidence on a question of foreign law
  118. Evidence of consent of trustee to act
  119. Scope and interpretation
  120. Witness summons
  121. Issue of a witness summons
  122. Witness summons in aid of another court, a tribunal or a panel
  123. Serving a witness summons
  124. Right of witness to travelling expenses and compensation
  125. Evidence by deposition
  126. Conduct of examination
  127. Enforcing attendance of deponent
  128. Use of deposition at a hearing
  129. Letter of request
  130. Evidence for Foreign Courts
  131. Application for foreign assistance order
  132. Examination
  133. Dealing with deposition
  134. Claim to privilege
  135. Taking of Evidence — Scope and interpretation
  136. Where a person to be examined is outside the jurisdiction but in a Convention State
  137. Evidence for courts outside the jurisdiction but in a Convention State
  138. Interpretation
  139. Expert's overriding duty to the Court
  140. Expert's report
  141. Expert evidence
  142. Written questions to experts
  143. Court's power to direct that evidence is to be given by a single joint expert
  144. Instructions to a single joint expert
  145. Power of Court to direct a party to provide information
  146. Expert's right to ask Court for directions
  147. Assessors
  148. Scope
  149. Application of Part 18 to appeals
  150. Restriction on disclosure of a Part 18 offer
  151. Who may make a Part 18 offer and in respect of what may it be made
  152. Defendant's offer
  153. Form and content of a Part 18 offer
  154. Clarification of a Part 18 offer
  155. Withdrawing or changing the terms of a Part 18 offer
  156. Withdrawal or change of terms of a Part 18 offer before the expiry of the relevant period
  157. Acceptance of a Part 18 offer
  158. Acceptance of Part 18 offer in a split trial case
  159. Acceptance of Part 18 offer made by one or more, but not all, defendants
  160. Consequences of accepting a Part 18 offer
  161. Other effects of accepting a Part 18 offer
  162. Unaccepted Part 18 Offers
  163. Personal injury claims for future pecuniary loss
  164. Offer to settle a claim for provisional damages
  165. Payments into Court
  166. Where defendant wishes to rely on a defence of tender before claim
  167. Payment out of Court
  168. Right to discontinue claim
  169. Procedure for discontinuing
  170. Right to apply to have notice of discontinuance set aside
  171. Liability for costs
  172. Hearing to be in public
  173. Failure to attend the trial
  174. Rights of audience before the Court
  175. Standard requirements
  176. Effective date of judgments and orders
  177. Service of judgments and orders
  178. Interest on debt, damages and judgment debts
  179. Time for complying with a judgment or order
  180. Who may apply to set aside or vary a judgment or order
  181. Consent orders
  182. Correction of errors in judgments and orders
  183. Sale of Real Property
  184. Declaratory judgments
  185. Award for provisional damages
  186. Application for further damages
  187. Periodical Payments
  188. Factors to be taken into account
  189. Lawyer acting for a party
  190. Change of lawyer — duty to give notice
  191. Withdrawal of lawyer
  192. Removal of lawyer who has ceased to act on application of another party
  193. Fees
  194. Orders for costs
  195. Submissions as to costs
  196. Basis of assessment
  197. Standard basis
  198. Indemnity basis
  199. Procedure for assessing costs
  200. Time for complying with an order for costs
  201. Where the Court makes no order for costs
  202. The Court's powers in relation to misconduct
  203. Set-off
  204. Appeals from the Small Claims Division to the Commercial and Civil Division
  205. Objection by respondent to application for permission to appeal
  206. Determination of application for permission to appeal
  207. Appeals before Court of Appeal
  208. Judgment
  209. Powers of the Court of Appeal
  210. Stay
  211. Non-disclosure of Part 18 offers and payments
  212. Judicial review appeals from the Court of First Instance
  213. Reopening of final appeals
  214. Interpretation
  215. When the judicial review procedure must be used
  216. Permission required to proceed with a claim for judicial review
  217. Claim form
  218. Filing and service of the claim form
  219. Acknowledgment of service
  220. Contents of the acknowledgment of service
  221. Filing and service of the acknowledgment of service
  222. Failure to file acknowledgment of service
  223. Permission given to proceed
  224. Service of order giving or refusing permission
  225. Response
  226. Claimant seeking to rely on additional grounds
  227. Evidence
  228. Court's powers
  229. Arbitration Claims
  230. Recognition or Enforcement
  231. Evidence
  232. Orders for permission to enforce
  233. Enforcement of an award of interest
  234. Registration in Court of First Instance of foreign awards
  235. Court's power to appoint receiver
  236. Application for the appointment
  237. Service of order appointing receiver
  238. Security
  239. Discharge of receiver
  240. Receiver's application for directions
  241. Receiver's remuneration
  242. Non-compliance by receiver
  243. Scope and interpretation
  244. Methods of enforcing judgments or orders
  245. Court may order act to be done at expense of disobedient party
  246. Enforcement of judgment or order by or against non-party
  247. The application for enforcement
  248. The procedure
  249. Effect of setting aside judgment or order
  250. Application for order
  251. Terms of order
  252. Failure to comply with order
  253. Service of order
  254. Travelling expenses
  255. Judgment creditor's affidavit
  256. Conduct of the hearing
  257. Scope and interpretation
  258. Application for third party debt order
  259. Interim third party debt order
  260. Service of interim third party debt order
  261. Obligations of third parties served with interim order
  262. Final third party debt order
  263. Further consideration of the application
  264. Effect of a final third party debt order
  265. Money in Court
  266. Scope of this Part and interpretation
  267. Charging orders
  268. Interim charging order
  269. Service of interim charging order
  270. Effect of interim charging order in relation to securities
  271. Effect of interim charging order in relation to funds in Court
  272. Further consideration of the application
  273. Enforcement of charging order by sale
  274. Stop Orders
  275. Application for stop order
  276. Stop order relating to funds in Court
  277. Stop order relating to securities
  278. Stop Notices
  279. Request for stop notice
  280. Effect of stop notice
  281. Amendment of stop notice
  282. Scope and interpretation
  283. Saving for other powers
  284. Penalty for breach of a Judgment, Order or Undertaking to do or abstain from doing an act
  285. Penalty application under Rule 287
  286. Penalty for interference with the due administration of justice
  287. Penalty application under Rule 289
  288. Contempt in the face of the Court
  289. False statement or disclosure
  290. Penalty application in relation to a false statement or disclosure statement
  291. Contravention of section 96 of the Regulations
  292. Non-payment of fine
  293. Repayment of fine
  294. Interpretation and scope
  295. Applications for registration
  296. Security for costs
  297. Service of notice of registration of judgment
  298. Applications to set aside registration
  299. Procedure for enforcement of Courts’ judgments
  300. Interpretation
  301. Referral to mediation
  302. Voluntary referral to mediation
  303. Court-ordered mediation
  304. Costs
  305. Application of this Part
  306. The claim form
  307. Service of the claim form
  308. Responding to a small claim
  309. Default judgment
  310. Admissions and request for time to pay
  311. Application of this Part
  312. The claim form
  313. Service of the claim form
  314. Responding to an employment claim
  315. Default judgment
  316. Admissions and request for time to pay
  317. Interpretation and application
  318. Request for writ of control
  319. Permission of the Court
  320. Duration of writ of control and priority

Primary sources

Everything on this page comes from these two. Links go to the issuing legislator.

  • ADGM Court Procedure Rules 2016 — official text (HTML) ADGM
  • ADGM Legislation Rulebook — the register this instrument is listed in ADGM

Acting on ADGM Court Procedure Rules 2016

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