TRW & Co · Disputes and arbitration
ADGM Courts: Jurisdiction and Enforcement
ADGM Courts jurisdiction covers disputes connected to Abu Dhabi Global Market and any civil or commercial dispute that parties agree in writing to bring there. The courts apply English common law in English, and their judgments are enforced by the onshore Abu Dhabi courts without merits review. They cannot be used as a conduit for foreign judgments. Here is how it works.
Key pointThe ADGM Courts' enforcement advantages only attach to disputes they or an ADGM-seated tribunal actually decide: since 2020, recognising a foreign judgment in ADGM no longer produces a judgment you can execute elsewhere, so the forum choice has to be made in the contract, not after the dispute.
At a glance
Exclusive connected jurisdiction
The Court of First Instance has exclusive jurisdiction over civil and commercial disputes involving ADGM entities, ADGM transactions or incidents, and ADGM regulations.
Written opt-in allowed
Parties with no ADGM connection can choose the ADGM Courts in writing, either in their contract or after a dispute has arisen.
English common law
The Application of English Law Regulations 2015 make English common law, including equity, directly applicable, with proceedings conducted in English.
Onshore enforcement codified
Abu Dhabi Law No. 12 of 2020 codified mutual enforcement with the onshore Abu Dhabi courts without any review of the merits.
No conduit enforcement
The ADGM Courts will not issue executory judgments to enforce foreign judgments or non-ADGM awards in other jurisdictions, save for other Abu Dhabi courts' judgments.
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ADGM Courts jurisdiction: the short answer
ADGM Courts jurisdiction rests on two foundations. First, the courts have exclusive jurisdiction over civil and commercial disputes with a real connection to Abu Dhabi Global Market: claims involving ADGM authorities or ADGM-registered entities, contracts or transactions made or performed wholly or partly in ADGM, incidents that occur there, and disputes about ADGM regulations. Second, parties with no connection to ADGM can opt in, in writing, before or after a dispute arises.
The courts apply English common law directly, sit in English, and are fully digital. Their judgments are issued in the name of the Ruler of Abu Dhabi and, under the amended ADGM Founding Law, are enforced by the onshore Abu Dhabi courts without any review of the merits. What the ADGM Courts will not do is act as a "conduit" to enforce foreign judgments or non-ADGM awards against assets elsewhere.
This guide explains the jurisdiction gateways, the opt-in, how enforcement works onshore and abroad, and when the ADGM Courts are, or are not, the right forum.
The legal framework
ADGM was established by Abu Dhabi Law No. 4 of 2013, the Founding Law. Article 13 of that law sets out the courts' jurisdiction. It was substantially amended by Abu Dhabi Law No. 12 of 2020, and ADGM Courts published an official guide to the amendments to Article 13 explaining each change.
The substantive law comes from the Application of English Law Regulations 2015, which, as the ADGM Courts' English common law page explains, make English common law, including the rules of equity, directly applicable in ADGM, together with a set of English statutes on civil matters. Procedure and enforcement are governed by the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, drawn partly from Scots and Australian federal law, and by the ADGM Court Procedure Rules.
Court structure
The ADGM Courts have two tiers. The Court of First Instance has a Commercial and Civil Division, a Real Property Division, an Employment Division and a Small Claims Division, with small claims appeals going to the Civil Division. The Court of Appeal hears appeals from the Court of First Instance and is the last stage: no further appeal lies to any other court. Judges are drawn from leading common-law jurisdictions.
ADGM Courts jurisdiction gateways
Article 13(7) of the amended Founding Law gives the Court of First Instance exclusive jurisdiction over:
- civil or commercial claims involving ADGM, its authorities or ADGM establishments;
- civil or commercial claims arising out of or relating to a contract or transaction entered into, executed or performed wholly or partly in ADGM, or an incident that occurred wholly or partly there;
- appeals against decisions of ADGM authorities that the regulations make appealable;
- any claim or dispute within its jurisdiction under ADGM regulations; and
- questions of interpretation of ADGM regulations, which the 2020 amendments moved from the Court of Appeal to the Court of First Instance.
The 2020 change to the wording "shall have exclusive jurisdiction" was, according to the ADGM Courts' guide, intended to clarify rather than alter the position, using language familiar to common-law practitioners. The ADGM footprint matters here: ADGM's area now includes Al Reem Island as well as Al Maryah Island, so more businesses and transactions have a natural ADGM connection than before. See our guide to setting up a company in ADGM.
The opt-in
The opt-in is the most commercially important part of ADGM Courts jurisdiction. Articles 13(8) and (9) confirm that parties with no connection to ADGM can agree to have their civil or commercial disputes heard by the ADGM Courts, or resolved by arbitration seated in ADGM. The agreement must be in writing. The usual route is a jurisdiction clause in the contract, but parties can also opt in after a dispute has arisen. The amendments also removed doubt about whether an ADGM-seated arbitration needs any connection to ADGM: it does not.
Challenging ADGM Courts jurisdiction
Jurisdiction fights usually arise in three situations. The first is a contract that contains both an ADGM Courts clause and an arbitration clause, or two inconsistent clauses in different documents. The second is a claim where the ADGM connection is thin, for example a contract signed elsewhere but partly performed in ADGM. The third is parallel proceedings, where one party sues in the ADGM Courts and the other in the onshore courts.
Questions of ADGM Courts jurisdiction are decided by the ADGM Courts themselves, applying the Founding Law and common-law principles on the construction of jurisdiction agreements. A defendant who wants to contest jurisdiction should do so promptly and before taking steps that could be treated as accepting it. A claimant should gather evidence of the ADGM connection or the written opt-in at the outset, because ADGM Courts jurisdiction is easier to establish on clean documents than to argue for afterwards.
Where proceedings are also running onshore, coordinate strategy in both forums from the start. Inconsistent positions on jurisdiction can damage credibility, and a judgment from one forum may be raised in the other.
An opt-in clause should say clearly that the ADGM Courts have jurisdiction, whether that jurisdiction is exclusive, and which law governs the contract. A clause that merely mentions "Abu Dhabi courts" may be read as a reference to the onshore courts. Draft the clause for the forum you actually want; our guide to governing law and jurisdiction clauses sets out model approaches.
Comparing forums for an Abu Dhabi-connected dispute
| Feature | ADGM Courts | Abu Dhabi onshore courts | DIFC Courts | Arbitration |
|---|---|---|---|---|
| Basis | ADGM connection or written opt-in | General jurisdiction over Abu Dhabi-connected disputes | DIFC connection or written opt-in | Arbitration agreement |
| Law and language | English common law applied directly; English | UAE civil law; Arabic | DIFC laws and common-law procedure; English | Chosen by the parties |
| Appeals | Court of Appeal, final | Appeal and cassation within the onshore system | DIFC Court of Appeal | Limited annulment grounds at the seat |
| Enforcement in Abu Dhabi | By the onshore Abu Dhabi courts without merits review | Direct | Through the onshore courts under applicable arrangements | Recognition and ratification required |
| Privacy | Public by default | Public by default | Public by default | Generally private |
For the Dubai equivalent, see our guide to DIFC Courts jurisdiction and enforcement. For arbitration options, see arbitration in the UAE.
Enforcement: onshore, across the UAE and abroad
In Abu Dhabi
Articles 13(15) and (16) of the amended Founding Law codified the memorandum of understanding signed between the ADGM Courts and the Abu Dhabi Judicial Department on 11 February 2018. Judgments, orders and recognised or ratified arbitral awards of each court system are enforced by the other without the enforcing court reviewing the merits. The law confirms two routes: the direct route, where the judgment creditor applies to the onshore execution court, and the deputisation route, where the creditor asks the ADGM Courts to deputise an enforcement judge in the execution court.
Article 13(1) also confirms that the ADGM Courts are courts of the Emirate of Abu Dhabi, and Article 13(2) requires their judgments to be issued in the Ruler's name. Those changes help foreign courts understand that an ADGM judgment is a UAE court judgment, which can matter under treaties to which the UAE is party.
Elsewhere in the UAE
The ADGM Courts' guide notes memoranda with the Ras Al Khaimah Courts (May 2019) and the federal Ministry of Justice (November 2019) on the reciprocal enforcement of judgments. Where assets sit in an emirate with its own judicial system, check which enforcement route applies before choosing your forum, and expect to work with the local execution court.
Abroad
According to the ADGM Courts brochure, the courts have signed memoranda of understanding with judicial authorities within the UAE and internationally on the reciprocal recognition and enforcement of judgments. These memoranda generally describe each court's approach rather than creating binding treaty obligations, so enforcement abroad still depends on the law of the country where the assets are. ADGM-seated arbitral awards benefit from the New York Convention, which is often the stronger route for cross-border enforcement.
No conduit enforcement
Article 13(14) closes the "conduit" route. Parties can still ask the ADGM Courts to recognise a foreign judgment or non-ADGM award, even if there are no assets in ADGM, but the Registry will not affix the executory formula to the resulting ADGM judgment for enforcement in other jurisdictions, save where the original judgment comes from another court within Abu Dhabi. In the ADGM Courts' words, parties should go to the place where the assets are. To benefit from ADGM's enforcement framework, the dispute itself must be decided by the ADGM Courts or an ADGM-seated tribunal. For foreign judgments onshore, see enforcing foreign judgments in the UAE.
How a claim runs in the ADGM Courts
- Confirm jurisdiction. Check for an ADGM connection under Article 13(7) or a written opt-in, and whether any arbitration clause or competing onshore jurisdiction clause applies.
- Prepare the claim. Assemble the contract, correspondence and evidence, and consider pre-action correspondence and settlement options, including mediation.
- Issue and serve. File the claim through the ADGM Courts' electronic platform and serve it, including out of the jurisdiction where needed.
- Seek interim relief if required. Consider freezing or preservation orders early, especially where assets may move. See freezing orders and interim relief.
- Case management and disclosure. Expect common-law case management, document production and witness evidence, with hearings that can be conducted electronically.
- Trial and judgment. Judgment is issued in the name of the Ruler of Abu Dhabi, with appeal to the Court of Appeal on permitted grounds.
- Enforce. Enforce in ADGM, onshore Abu Dhabi through the direct or deputisation route, or abroad under local law, treaties or the New York Convention for awards.
Illustrative scenario: a supply contract with no ADGM connection
Illustrative only; generic parties. A Dubai mainland distributor and a Singapore manufacturer sign a supply agreement governed by English law. Neither has an ADGM presence, but they choose the ADGM Courts so that an English-law dispute is heard by common-law judges in English. The clause states that the ADGM Courts have exclusive jurisdiction.
When the distributor withholds payment, the manufacturer sues in the ADGM Courts on the strength of the written opt-in. It obtains judgment. The distributor's assets are in Abu Dhabi and Dubai. In Abu Dhabi, the manufacturer enforces through the onshore execution court without a merits review. For Dubai assets, it takes local advice on the applicable route. Had it instead obtained a Singapore judgment and tried to pass it through ADGM to reach onshore assets, the anti-conduit rule would have blocked that path.
Risks and common mistakes
Ambiguous jurisdiction clauses
References to "the courts of Abu Dhabi" or "the courts of the UAE" create arguments about whether the parties meant the onshore courts or the ADGM Courts. Parallel proceedings and jurisdiction fights waste time and money. Name the ADGM Courts expressly, state whether jurisdiction is exclusive and address how the clause interacts with any arbitration agreement.
Assuming ADGM can launder a foreign judgment
Since the 2020 amendments, recognising a foreign judgment in the ADGM Courts does not give you an ADGM judgment that can be executed elsewhere. If the assets are onshore, apply to the onshore execution court under the Civil Procedure Law. If they are abroad, go to the courts where they are. Plan the enforcement route before you litigate.
Ignoring where the assets are
A judgment is only as good as its enforcement. Before choosing ADGM, map the counterparty's assets. Abu Dhabi assets are well covered by the codified arrangement with the onshore courts. Assets in other emirates or abroad may need separate steps, and an arbitral award under the New York Convention may travel more easily than a court judgment.
Overlooking confidentiality
Court proceedings in ADGM are generally public, and judgments are published. If the dispute involves sensitive commercial information, trade secrets or reputational risk, consider ADGM-seated arbitration, which keeps the common-law supervisory court but adds privacy.
Cross-border use
ADGM Courts jurisdiction suits international parties who want a common-law forum in the UAE, especially in finance, energy, real estate and technology deals with Abu Dhabi counterparties. Parties from the UK, Singapore and India will recognise the procedure. For counterparties in Saudi Arabia, the GCC, Bangladesh or China, test how an ADGM judgment would be treated where the assets are, and compare it with an ADGM-seated award. Where a deal has assets in several countries, arbitration often remains the more portable choice. See enforcing arbitral awards.
Checklist for decision-makers
- Decide whether ADGM Courts jurisdiction, the onshore courts, the DIFC Courts or arbitration fits best at the drafting stage, based on assets, privacy and counterparties.
- Use a clear written opt-in clause that names the ADGM Courts and states exclusivity.
- Map where the counterparty's assets are and plan the enforcement route.
- Consider ADGM-seated arbitration where confidentiality or overseas enforcement matters.
- Keep evidence and correspondence organised for common-law disclosure.
Our ADGM Courts proceedings team advises on forum strategy, claims and enforcement. Where representation before the ADGM Courts or the onshore courts is required, we work alongside registered practitioners and locally licensed advocates. To discuss a dispute, contact TRW & Co at info@trw.co or +971 58 942 1012.
Frequently asked questions
01Can parties with no connection to ADGM use the ADGM Courts?
Yes. Article 13 of the amended ADGM Founding Law confirms that parties can opt in to the ADGM Courts for civil or commercial disputes even without any connection to ADGM. The agreement must be in writing, usually as a jurisdiction clause in the contract, although parties can also agree after a dispute arises. The clause should name the ADGM Courts expressly and say whether their jurisdiction is exclusive.
02How is an ADGM Courts judgment enforced in onshore Abu Dhabi?
Under the amended Founding Law, which codified the 2018 memorandum between the ADGM Courts and the Abu Dhabi Judicial Department, ADGM judgments are enforced by the onshore courts without a review of the merits. The creditor can apply directly to the onshore execution court, or ask the ADGM Courts to deputise an enforcement judge in the execution court. Local procedural requirements, such as translation, still apply.
03What law do the ADGM Courts apply?
The ADGM Courts apply ADGM regulations and, under the Application of English Law Regulations 2015, English common law including the rules of equity, together with specified English statutes on civil matters. Parties can still choose another governing law for their contract, which the court will apply as foreign law. Proceedings are conducted in English and follow common-law procedure.
04Can I enforce a foreign judgment through the ADGM Courts?
You can apply to the ADGM Courts to recognise a foreign judgment or non-ADGM award, but since the 2020 amendments the Registry will not attach the executory formula to the resulting judgment for enforcement in other jurisdictions, except where the original judgment came from another court within Abu Dhabi. In practice, you should enforce where the assets are, for example through the onshore execution court under the Civil Procedure Law.
05Can I appeal an ADGM Courts judgment to the onshore courts?
No. The ADGM Court of Appeal has exclusive jurisdiction over appeals from the Court of First Instance, and it is the last stage of appeal: no further appeal lies to any other court. Small claims decisions are appealed within the Court of First Instance to the Civil Division. Plan the case on the basis that the ADGM system will resolve it finally.
06Should I choose the ADGM Courts or ADGM-seated arbitration?
Both give you the ADGM Courts as the supervising court. Litigation offers a public, precedent-based process, final appeals and codified enforcement in Abu Dhabi. Arbitration offers privacy, party-chosen arbitrators and enforcement in many countries under the New York Convention. If the counterparty's assets are mainly abroad, or confidentiality matters, arbitration is often the better choice.
Sources and official materials
- ADGM Courts — Official ADGM Courts information
- ADGM Courts: English common law — Application of English Law Regulations 2015 and court structure
- Guide to amendments to Article 13 of Abu Dhabi Law No. 4 of 2013 — Jurisdiction, opt-in, onshore enforcement and conduit limits
- ADGM Courts brochure — Court structure, jurisdiction and enforcement memoranda
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.
