TRW & Co · Disputes & Arbitration
ADGM Courts Proceedings in the UAE
The ADGM Courts are Abu Dhabi Global Market's English-language common law courts, hearing commercial, employment, real property and insolvency disputes. Parties with no ADGM connection can opt in by written agreement, and judgments are enforceable across the emirates through reciprocal memoranda. Choosing them well depends on jurisdiction, costs exposure and where the assets sit.
Key pointSince Abu Dhabi Law No. 12 of 2020, ADGM cannot be used as a conduit to enforce non-ADGM judgments or awards elsewhere, but its own judgments now reach onshore Abu Dhabi, Dubai and the federal courts through reciprocal memoranda, including one with the Dubai Courts signed in January 2025.
At a glance
Opt-in by written agreement
Article 13 of the ADGM Founding Law, as amended in 2020, lets parties with no ADGM connection choose the courts by written agreement before or after a dispute.
English common law applied
ADGM applies English common law and equity directly under the Application of English Law Regulations 2015, with procedure under the Court Procedure Rules 2016.
Four first-instance divisions
The Court of First Instance has Commercial and Civil, Small Claims (up to US$100,000), Employment and Real Property divisions, with appeals to the Court of Appeal.
Onshore enforcement memoranda
Memoranda with the Abu Dhabi Judicial Department (2018), Ras Al Khaimah Courts and Ministry of Justice (2019) and Dubai Courts (2025) support enforcement onshore.
No conduit since 2020
Since 23 April 2020, ADGM cannot be used to enforce non-ADGM judgments or awards elsewhere, though assets inside ADGM remain reachable.
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What the ADGM Courts are and who uses them
The ADGM Courts are the independent common law courts of Abu Dhabi Global Market, the international financial centre on Al Maryah and Al Reem Islands in Abu Dhabi. They hear civil and commercial disputes in English, apply English common law directly, and are staffed by judges drawn from senior judiciaries in leading common law jurisdictions. Their judgments are issued in the name of the Ruler of Abu Dhabi, and they are formally courts of the Emirate.
Users include ADGM-licensed banks, funds and asset managers, companies and foundations registered in ADGM, employers and employees in the zone, property owners and developers on Al Maryah and Al Reem, and increasingly parties with no ADGM connection at all who choose the court in their contracts. Typical cases involve loans and guarantees, shareholder and investment disputes, fund and asset management claims, employment claims, real estate, insolvency and the enforcement of awards and judgments.
For a business, the question usually arises at two moments: when drafting the dispute resolution clause, and when a dispute with an ADGM entity or an ADGM-connected contract escalates. Both decisions benefit from understanding how this court system differs from the onshore Abu Dhabi courts and from the DIFC Courts in Dubai.
Jurisdiction of the ADGM Courts
Jurisdiction comes from Article 13 of Abu Dhabi Law No. 4 of 2013, the ADGM Founding Law, as amended by Abu Dhabi Law No. 12 of 2020, which took effect on 23 April 2020. The Court of First Instance has exclusive jurisdiction over civil and commercial claims involving ADGM, its authorities or its establishments; claims arising from contracts made, performed or incidents occurring wholly or partly in ADGM; appeals against decisions of ADGM authorities; and questions of interpretation of ADGM regulations.
Parties without any ADGM connection can also choose the court. Under Article 13(8) and (9), a written agreement, ideally in the contract's dispute resolution clause or concluded after the dispute arises, gives the court jurisdiction. The same amendments confirmed that parties can choose an ADGM seat for arbitration without any other connection to ADGM. The Court of Appeal has exclusive jurisdiction to hear appeals from the Court of First Instance.
| Division | What it hears | Key limits |
|---|---|---|
| Commercial and Civil | Commercial, civil and insolvency claims | Claims of US$100,000 or less go to Small Claims, except insolvency claims |
| Small Claims | Lower-value claims within the general jurisdiction | Up to US$100,000 excluding interest and costs; no employment, real property, arbitration or insolvency claims |
| Employment | Claims under the ADGM Employment Regulations 2024 and other employment matters | Exclusive jurisdiction over ADGM employment claims |
| Real Property | Ownership, leases, mortgages, off-plan and strata disputes and related construction claims | Applies ADGM real property regulations, including for Al Reem Island |
The division and jurisdiction rules also explain how claims are allocated between divisions. In practice, choosing the wrong division is usually corrected by transfer, but it can add time and cost, so the claim form should identify the division and the basis of jurisdiction clearly. Our article on ADGM Courts jurisdiction and enforcement looks at the jurisdictional gateways in more detail.
The law the court applies and its procedure
ADGM was the first jurisdiction in the Middle East to apply English common law directly, including the rules of equity, through the Application of English Law Regulations 2015. ADGM's own regulations, on companies, insolvency, employment, real property, data protection and financial services, sit on top of that common law base and prevail where they apply. UAE federal criminal law and certain federal laws continue to apply within ADGM.
Procedure is governed by the Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the ADGM Court Procedure Rules 2016 and practice directions. Readers familiar with the English Civil Procedure Rules will recognise much of the structure: statements of case, disclosure, witness statements, expert evidence, case management conferences, interim applications and costs orders.
The court runs on what ADGM describes as an end-to-end eCourts platform, with electronic filing, a searchable list of cases, a hearings calendar and published judgments, and it has a remote hearings protocol. The ADGM Courts website also describes court-annexed mediation, a pro bono scheme, and notary public and wills services run with the Abu Dhabi Judicial Department.
Costs
In the common law tradition, the court has a broad discretion over costs, and the unsuccessful party is often ordered to pay a proportion of the successful party's reasonable costs. That changes the economics of a dispute compared with onshore litigation, where recoverable legal costs are typically modest. Budget for the possibility of paying the other side's costs as well as your own, and use settlement offers strategically.
Interim relief and early resolution
Common law procedure gives a claimant tools that are less familiar onshore. The court can grant freezing orders restraining a defendant from dealing with its assets, search and preservation orders, and orders requiring disclosure of assets, usually on evidence of a good arguable case and a real risk of dissipation, and often in return for an undertaking in damages. Urgent applications can be made without notice where giving notice would defeat the purpose.
Cases can also end early. Summary judgment is available where a party has no real prospect of success, and default judgment where a defendant fails to respond in time. These procedures reward a well-prepared claimant and penalise a defendant who files a holding defence without substance.
Choosing between ADGM, onshore courts, the DIFC and arbitration
ADGM or onshore Abu Dhabi courts
The onshore courts of the Abu Dhabi Judicial Department apply UAE civil law, with Arabic as the primary language of proceedings and a procedure built around written submissions and court-appointed experts. The ADGM route offers English-language proceedings, common law judges, extensive disclosure and published reasoned judgments. For parties used to London or Singapore litigation, that predictability is often decisive. For a dispute with a purely onshore counterparty and onshore assets, the onshore courts may be faster to execution.
ADGM or the DIFC Courts
Both are English-language common law courts in financial free zones, and they share many features. The main differences are location, the underlying regulations and the enforcement network. ADGM applies English common law directly; the DIFC has its own codified civil and commercial laws. Since 2020 the ADGM route cannot be used as a conduit to enforce non-ADGM awards and judgments elsewhere. Compare our page on DIFC Courts proceedings.
ADGM courts or arbitration
Arbitration offers confidentiality and easier enforcement abroad under the New York Convention. ADGM litigation offers public precedent, summary judgment, appeals on points of law and the ability to join third parties more easily. Parties who want both a common law court for supervisory support and private arbitration often choose an ADGM-seated arbitration under the ADGM Arbitration Regulations 2015. See our page on international arbitration in the UAE.
The life of a claim step by step
- Confirm jurisdiction. Identify the ADGM connection or the written agreement that gives the court jurisdiction, and the correct division. Check any arbitration clause that might require a stay.
- Send a letter before claim. Set out the claim and key documents, invite a response and, where appropriate, propose mediation. Early correspondence shapes later costs decisions.
- Issue and serve the claim. File the claim form and particulars electronically, pay the court fee and serve the defendant, using the court's rules for service inside and outside the UAE.
- Exchange statements of case. The defendant files a defence and any counterclaim; the claimant may reply. Consider early applications for summary judgment or strike-out.
- Case management and disclosure. The court sets a timetable for disclosure, witness statements and experts. Interim applications, including freezing orders, can be made at any stage.
- Trial and judgment. Witnesses and experts are cross-examined and the court gives a reasoned written judgment, usually with a separate decision on costs.
- Appeal and enforcement. An appeal lies to the Court of Appeal under the court's rules. Enforcement follows in ADGM or, through the reciprocal memoranda, in the onshore courts where assets are located.
Documents and evidence
Common law procedure is evidence-heavy. A party that has not preserved documents early will struggle at disclosure and may face adverse inferences. Before proceedings start, assemble and preserve:
- The contract, amendments, side letters and the dispute resolution clause relied on for jurisdiction.
- Correspondence, emails, messaging records and meeting notes, preserved under a documented litigation hold.
- Financial records, invoices, payment histories and bank statements supporting quantum.
- Corporate records showing authority, ownership and registration in ADGM or elsewhere.
- Witness names and early notes of their recollection while memories are fresh.
- Expert instructions where technical, valuation or accounting evidence will be needed.
- Asset information supporting any freezing or enforcement application.
Put a litigation hold in place as soon as a dispute is foreseeable. Disclosure obligations in common law proceedings reach emails, messaging apps and personal devices used for business, and routine deletion after a dispute has begun can be treated very seriously by the court.
Enforcing ADGM judgments and awards
Within ADGM, judgments are enforced by the court's own enforcement procedures. Outside ADGM, enforcement relies on Article 13 of the Founding Law and on memoranda of understanding with other courts. The memorandum with the Abu Dhabi Judicial Department, signed on 11 February 2018, allows onshore Abu Dhabi courts to enforce ADGM judgments and ratified awards without reviewing the merits. Further memoranda cover the Ras Al Khaimah Courts (2019), the Ministry of Justice for federal courts (2019) and the Dubai Courts (14 January 2025).
Creditors can apply directly to the onshore execution court or ask the ADGM court to deputise an enforcement judge in the execution court. Since the 2020 amendments, ADGM cannot be used to enforce non-ADGM judgments or awards in other jurisdictions, though a non-ADGM award can still be enforced against assets in ADGM. In A8 v B8 [2023] ADGMCFI 0015, the court enforced an onshore award within ADGM but declined to issue an executory formula for use elsewhere.
For incoming foreign judgments, ADGM registration requires a recognised court, usually through a treaty or memorandum plus a direction from the Chief Justice, and is realistic mainly for money judgments. ADGM has enforcement guidance with the Commercial Court of England and Wales, the Supreme Court of Singapore and others. See our pages on foreign judgment enforcement and arbitral award enforcement.
Choosing the ADGM Courts buys common law procedure and English-language justice. It does not remove the need to plan where, and how, a judgment will be enforced.
Risks and common mistakes
Relying on a clause that does not clearly choose the court
Jurisdiction by agreement requires a written choice. Clauses that refer vaguely to 'the courts of Abu Dhabi' or 'the competent courts' may point to the onshore courts instead. If you want ADGM, say so expressly, name the courts, and consider whether the choice should be exclusive. Review older contracts and template terms, because a weak clause invites a jurisdiction fight before the merits are even reached.
Underestimating costs exposure
Parties used to onshore litigation are sometimes surprised by adverse costs orders. In the common law system, losing can mean paying a significant part of the winner's legal costs. Assess this exposure at the outset, keep a realistic budget, and consider settlement offers, which can shift costs consequences. Security for costs applications may also be made against claimants based outside the jurisdiction in appropriate cases.
Treating ADGM as an enforcement conduit
Before 2020 some creditors used financial-centre courts as a gateway to onshore enforcement. Since Abu Dhabi Law No. 12 of 2020, ADGM cannot be used to enforce non-ADGM judgments or awards elsewhere. If the assets are onshore and the award or judgment has no ADGM connection, go directly to the onshore courts. Using ADGM only makes sense where assets or the debtor are within ADGM.
Poor document preservation
Disclosure in ADGM proceedings can require production of documents that harm your case as well as those that help it. Failure to preserve documents, or deletion of messages after a dispute has begun, can lead to adverse inferences and costs sanctions. Issue a written litigation hold, suspend automatic deletion, and identify custodians, including departed employees, at the earliest stage.
Ignoring the arbitration clause
If the contract contains an arbitration agreement, the defendant can ask the court to stay court proceedings in favour of arbitration. Issuing proceedings in breach of an arbitration clause wastes time and money and can lead to costs orders. Check carefully whether the dispute falls within the clause and whether any tiered steps, such as negotiation or mediation, must be completed first.
Cross-border angle
Many disputes before the court involve parties or assets abroad. Service outside the UAE follows the court's rules, and time should be allowed for translations and international service. Evidence from abroad can be given by video link under the remote hearings protocol, which is especially useful for witnesses in Bangladesh, India, the UK or Singapore.
Enforcing an ADGM judgment abroad depends on the law of the country where the assets are. The memoranda and guidance with courts in England, Singapore, Hong Kong and Australia describe how those courts approach ADGM money judgments, but they are not treaties, and the foreign court applies its own rules. In Saudi Arabia, other GCC states and India, enforcement of a UAE judgment is assessed under the applicable treaty or reciprocity rules, and the position of a financial-centre judgment should be checked with local counsel.
Where a counterparty's assets are mainly outside the UAE, an ADGM-seated arbitration may travel better than an ADGM judgment because of the New York Convention. For mediation-based solutions, see mediation and settlement in the UAE.
How TRW & Co helps
We advise on disputes before the ADGM Courts as strategic counsel and coordinators of cross-border teams. Where representation before UAE onshore courts or the DIFC/ADGM Courts is required, we work alongside locally licensed advocates and registered practitioners. We also advise on ADGM financial regulation and employment disputes, and our full range of work is on the our practices page.
Clause and forum strategy
We review and draft jurisdiction and arbitration clauses so that the choice of the ADGM court, onshore courts or arbitration is clear, enforceable and suited to where assets are likely to be.
Pre-action and case assessment
We assess merits, jurisdiction, costs exposure and enforcement prospects, and prepare letters before claim that set up the case and later costs arguments.
Evidence and disclosure
We set up litigation holds, collect and review documents, prepare witness evidence and instruct experts in line with common law procedure.
Interim relief
We prepare applications for freezing orders and other urgent relief, with the evidence and undertakings the court will expect.
Enforcement planning
We map assets across ADGM, onshore Abu Dhabi, Dubai and abroad, and plan enforcement through the reciprocal memoranda and foreign courts.
Settlement and mediation
We use court-annexed mediation and structured negotiation to resolve disputes, and draft consent orders and settlement agreements that can be enforced.
Checklist for decision-makers
Before choosing the ADGM Courts or responding to a claim there, check the following:
- Does the contract clearly choose ADGM, or is there an ADGM connection that gives jurisdiction?
- Is there an arbitration clause, or a tiered clause requiring negotiation or mediation first?
- Which division will hear the claim, and does the small claims limit apply?
- Have documents been preserved under a written litigation hold?
- What is the realistic costs exposure if the case is lost?
- Where are the counterparty's assets, and how will a judgment be enforced there?
- Is interim relief needed now? Contact TRW & Co early where assets may be moved.
For employment matters in the zone, see our article on the ADGM Employment Regulations, and for property claims our page on real estate disputes in the UAE.
Frequently asked questions
01Can we choose the ADGM Courts if neither party is in ADGM?
Yes. Since Abu Dhabi Law No. 12 of 2020 amended Article 13 of the ADGM Founding Law, parties with no ADGM connection can agree in writing that the courts will decide their civil or commercial disputes. The agreement is best included in the contract's dispute resolution clause, but it can also be concluded after the dispute arises. Make the choice express and specific, naming the courts, to avoid arguments that the onshore Abu Dhabi courts were intended.
02What law do the ADGM Courts apply?
ADGM applies English common law and equity directly under the Application of English Law Regulations 2015, together with ADGM's own regulations on companies, insolvency, employment, real property, financial services and other subjects. The parties' chosen governing law is also respected, so the court can decide a contract governed by English, UAE or another law, with expert evidence on foreign law where needed. UAE federal criminal law continues to apply within ADGM.
03Are hearings in English?
Yes. Proceedings are conducted in English, the procedure is based on common law practice, and judgments are published with reasons. The court operates an electronic filing and case management platform and has a remote hearings protocol, which allows witnesses and counsel abroad to participate by video where the court permits. Documents in Arabic or other languages generally need translation into English.
04Is there a small claims procedure?
Yes. The Small Claims Division hears claims within the court's general jurisdiction up to US$100,000, excluding interest and costs. It does not hear employment, real property, arbitration, insolvency, family or judicial review matters, which belong to other divisions. The procedure is designed to be simpler and quicker, which can make it suitable for businesses pursuing lower-value debts against ADGM-connected counterparties.
05Can an ADGM judgment be enforced in Dubai?
Yes. The ADGM Courts and the Dubai Courts signed a memorandum on reciprocal enforcement of judgments on 14 January 2025, adding to earlier arrangements with the Abu Dhabi Judicial Department, the Ras Al Khaimah Courts and the Ministry of Justice for the federal courts. Enforcement is handled by the execution court where the assets are located, without a review of the merits of the ADGM judgment.
06Who can represent a party before the ADGM Courts?
Rights of audience are governed by the court's rules on the registration of legal practitioners. Lawyers must be registered with the courts to conduct litigation and appear, and individuals and companies may in some circumstances represent themselves. TRW & Co advises on strategy and coordinates disputes, and where representation is required we work alongside locally licensed advocates and registered practitioners.
07How do costs work in ADGM litigation?
The court has a broad discretion over costs and, in the common law tradition, the losing party is often ordered to pay a significant part of the winner's reasonable legal costs. This differs from onshore UAE litigation, where recoverable legal costs are usually limited. Budget for possible adverse costs, consider settlement offers that can affect costs outcomes, and be aware that security for costs may be sought from some claimants.
Sources and official materials
- ADGM Courts — Overview of the courts, services and judgments
- ADGM Courts guide to amendments to Article 13 of the Founding Law — Jurisdiction, opt-in and enforcement after Abu Dhabi Law No. 12 of 2020
- ADGM Courts divisions and jurisdiction rules — Court of First Instance divisions and thresholds
- ADGM Courts memoranda of understanding — Reciprocal enforcement with UAE and foreign courts
- ADGM eCourts platform — Electronic filing and digital court services
- Abu Dhabi Judicial Department — Onshore Abu Dhabi courts and enforcement
General information only, current as at 27 October 2026. It is not legal advice and does not create a lawyer–client relationship. UAE law differs between the onshore jurisdiction, the DIFC, ADGM and the free zones, and changes frequently; check current official sources and take advice on the facts of your matter.
