Jurisdiction, and the opt-in route into it
ADGM Courts have jurisdiction over disputes connected to the jurisdiction — entities registered there, contracts performed there, events occurring there — and, separately, over any dispute the parties agree in writing to submit to them.
The opt-in route is the commercially interesting one. Two parties with no ADGM presence can nominate the ADGM Courts and obtain an English-language, common-law forum in the region. The clause should name the court precisely, define the disputes covered, and state the governing law, because a generic reference to 'the courts of Abu Dhabi' will not do it.
Jurisdiction is tested early and a defendant with a plausible challenge will bring it. Where a claim is brought on an opt-in clause, expect the clause itself to be the first battleground.
Court of First Instance or Small Claims
The Small Claims Division handles lower-value matters, including many employment disputes, on a faster and lighter procedure with limited representation and costs. It is designed to be usable without extensive legal spend, and for a straightforward debt or wages claim it usually is.
The Court of First Instance takes everything else: commercial disputes, larger claims, and matters requiring full procedure. Track allocation follows value and subject matter, and a claim that could be split should be assessed before filing rather than after allocation.
Disclosure, and why it decides cases here
This is the single largest practical difference from onshore practice. Parties are required to search for and disclose documents relevant to the issues, including those that damage their own case. Failure carries real consequences, up to strike-out and adverse inference.
Two implications follow. First, document preservation matters from the moment a dispute is in prospect — deleting or failing to preserve is worse than the document. Second, a case is only as good as its contemporaneous record; submissions cannot repair a missing trail.
Witness evidence is tested by cross-examination, and a statement that overstates what the witness can actually support is exposed. Expert evidence is permitted with the court's control over scope and number.
Interim relief, including freezing orders
Because equity applies directly, the full common-law toolkit is available: freezing injunctions, search orders, disclosure against third parties, and interim injunctions to preserve a position pending trial.
A freezing order requires a good arguable case, a real risk of dissipation, and full and frank disclosure on the application — including material adverse to the applicant. The duty is strict; orders are discharged for breach of it, and a discharged freezing order tends to cost more than never applying.
Relief in support of foreign proceedings and arbitrations is also available, which makes ADGM useful as a place to freeze assets even where the substantive dispute sits elsewhere.
Enforcing an ADGM judgment
An ADGM judgment enforces within ADGM directly. Against assets elsewhere in the UAE it proceeds through the established mutual-enforcement arrangements between ADGM and the onshore courts, on a recognition rather than re-litigation basis.
Internationally it travels as a judgment of a common-law court, which in practice means recognition routes familiar to counsel in most major jurisdictions, and treaty arrangements where they exist.
The practical planning point is to know, before filing, where the defendant's assets sit and what each of those jurisdictions requires. A judgment is only worth the enforcement path behind it.
Appeals
Appeals from the Court of First Instance lie to the Court of Appeal, generally with permission, on grounds of error of law or a finding no reasonable judge could have reached. It is not a rehearing, and an appeal that simply re-argues the facts will not succeed.
Time limits are short and strictly applied. The decision whether to appeal should be taken against the realistic grounds rather than dissatisfaction with the result.
ADGM against the onshore Abu Dhabi courts
The two sit side by side and suit different disputes.
Onshore proceedings run in Arabic, under civil-law procedure, with court-appointed experts often decisive and no general disclosure obligation. They are the right forum for most local commercial and real estate matters, and the only forum for many.
ADGM runs in English, with disclosure, cross-examination and equitable remedies, before judges from common-law benches. It suits international contracts, financial services disputes, and parties who want procedure they recognise.
The choice is made in the contract, years before the dispute. Where a group has both onshore and ADGM entities, the documents should say clearly which court governs which relationship — because the defaults differ at almost every step.
| ADGM Courts | Onshore Abu Dhabi | |
|---|---|---|
| Law applied | ADGM law + English common law and equity | UAE federal and emirate law |
| Language | English | Arabic |
| Disclosure | Full, including adverse documents | No general obligation |
| Witnesses | Cross-examined | Primarily documentary |
| Experts | Party-appointed, court-controlled | Court-appointed, often decisive |
| Freezing orders | Available | Precautionary attachment |
| Opt-in by agreement | Yes | No |
A reported matter
A published decision of the ADGM Court of First Instance in which our team acted. The parties are anonymised; the judgment itself is public. Read the case note.
Primary sources
The law and rules this page relies on. Links go to the issuing court, tribunal or legislator.
Frequently asked questions
Can we use the ADGM Courts if neither party is in ADGM?
Yes — parties can confer jurisdiction by written agreement. That makes ADGM available as a neutral English-language common-law forum for contracts with no other Abu Dhabi connection. The clause must name the court precisely and define the disputes covered; a generic reference to 'the courts of Abu Dhabi' will not achieve it.
What is the biggest difference from litigating onshore?
Disclosure. Parties must search for and produce documents relevant to the issues including ones that damage their own case, with strike-out and adverse inference available for failure. Onshore proceedings are documentary and expert-led with no general disclosure obligation. Cases prepared the onshore way tend to lose here on the record.
Can the ADGM Courts freeze assets?
Yes. Because equity applies directly, freezing injunctions, search orders and third-party disclosure are all available, including in support of foreign proceedings and arbitrations. A freezing application requires a good arguable case, real risk of dissipation, and full and frank disclosure — the duty is strict and orders are discharged for breaching it.
Which track will our claim go on?
Lower-value matters, including many employment disputes, go to the Small Claims Division on a faster and lighter procedure with limited representation and costs. Everything else goes to the Court of First Instance. Where a claim could be framed either way, decide before filing rather than after allocation.
Will an ADGM judgment be enforceable against assets in Dubai?
It proceeds through the mutual-enforcement arrangements between ADGM and the onshore courts, on a recognition rather than re-litigation basis. Internationally it travels as a common-law judgment. Know where the defendant's assets sit before you file — a judgment is worth only the enforcement path behind it.
How long do we have to appeal?
Short, and strictly applied. Appeals lie to the Court of Appeal generally with permission, on error of law or a finding no reasonable judge could have reached. It is not a rehearing, so an appeal that re-argues the facts will fail regardless of how the time limit is met.
Do we need ADGM-registered lawyers?
Rights of audience before the ADGM Courts are governed by their own rules on registration. The practical question is usually not registration alone but whether your team has actually run common-law proceedings — disclosure, cross-examination and interim relief are where these cases turn.
Should our contract choose ADGM or onshore?
ADGM suits international contracts, financial services disputes and parties who want procedure they recognise. Onshore suits most local commercial and real estate matters and is the only forum for many. Decide in the contract, and where a group holds both onshore and ADGM entities, say explicitly which court governs which relationship.