Introduction
United Arab Emirates is always known for fast pace development and adapting the things to promote investor and form an attractive business environment. The government of Abu Dhabi has announced establishment of Abu Dhabi Global Market (ADGM) in 2013 to partner in regional and international growth of UAE. ADGM will comprise of three authorities namely, ADGM Courts, Registration Authority and Financial Services Regulatory Authority (FSRA). ADGM is set up in Maryah Island in the Capital of UAE.
ADMG Courts shall be supporting ADMG in adjudicating civil and common law matters. The ADGM Courts Regulations and Rules were enacted by ADGM’s Board of Directors and the Chief Justice on 17th December, 2015. They have recently started their operations and do not have jurisdiction in Criminal Courts. UAE have become the first nation in region to adopt this system.
Structure
ADGM Courts have a court at first instance and after that a court of appeal. The courts contain three divisions, namely Civil, Small Claims and employment. The judges at these courts are highly experienced and are drawn from all parts of the world. They are mandatorily required to have strong standards of judicial independence and acts on an impartial basis.
Jurisdiction
These courts are formed to facilitate the judicial proceedings for the companies operating under ADGM. The courts at first instance shall have jurisdiction over all the commercial cases and disputes related to ADMG or any of its authority and the companies operating under ADMG. These courts shall also have jurisdiction over any disputes arising out of transaction or contact formed whole or in part at ADMG. An appeal against the decision of ADGM authorities can also be filed here. These courts have three divisions, viz. civil division, small claims division and employment division.
Civil division shall have jurisdiction over cases where the value of claims are more than USD 100,000 and are not related to employment or family matters.
Small Claims division shall have jurisdiction over cases where the value of claims are less than USD 100,000 and are not related to family matters.
Employment division shall have jurisdiction over disputes arising out of employment contracts and enforcing the provisions related to employment regulations
Audience
Any person may appear as audience before small division courts or courts at first instance. However, he is required to follow the code of conduct for appearance in the court. Unlike, in other courts in the region ADGM courts have not prescribed any legal qualification or experience for audience.
The Future
Online facility is expected to be operational soon and it will allow parties to file e-complaints, document and have e-trials. This is surely an initiative for future and will attract the investor to come and invest as he will have the facility of address disputes as they are dealt with in English Law.
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