NEWS ALERT: Anastasia Medvedskaya Registered with ADGM Courts
Abu Dhabi – Anastasia Medvedskaya has been successfully registered with the Abu Dhabi Global Market (ADGM) Court Registry, authorizing her to practice before the ADGM Courts system.
About ADGM Courts
The ADGM Courts serve as the independent judicial arm of the Abu Dhabi Global Market, an international financial center established in 2013. ADGM Courts apply English common law directly and operate entirely in English, making them particularly attractive for international business disputes.
The court system features an international bench of senior common-law judges, primarily from the UK and other jurisdictions, and operates through a fully digital platform supporting e-filing and remote hearings. The two-tier structure includes a Court of First Instance and Court of Appeal.
Enforcement of the ADGM Courts’ judgements
ADGM Courts judgments benefit from enforcement mechanisms both within the UAE through reciprocal arrangements with Abu Dhabi courts and internationally providing parties with reliable pathways for judgment enforcement across multiple jurisdictions.
1. Within the UAE
Reciprocal enforcement arrangement with Abu Dhabi Courts – ADGM judgments are recognised and enforced by the Abu Dhabi Judicial Department (ADJD) under a 2018 Memorandum of Understanding (“MoU”) (click here).
The 2018 MoU covers the enforcement of all final judgments, expedited enforcement orders, and decisions issued by the ADJD and ADGM Courts. It also includes ratified or recognised arbitral awards from either court, which are treated as court judgments without needing further ratification. Court-approved settlement agreements (memoranda of composition) certified by either court are also mutually recognised and enforceable.
To enforce an Abu Dhabi Court judgment in the ADGM – when the subject of enforcement is within the ADGM – the judgment must bear an English-language executory formula from the issuing court. The creditor must apply to the ADGM Courts per their Procedure Rules. The ADGM enforcement judge will follow these procedures without reviewing the judgment’s merits.
Conversely, to enforce an ADGM Court judgment in Abu Dhabi – when the subject is outside the ADGM but within Abu Dhabi – the judgment must include an Arabic executory formula from the ADGM Courts. The creditor must apply to the Abu Dhabi Courts under their rules. The Abu Dhabi enforcement judge will enforce the judgment under Federal Law No. 11 of 1992, again without re-examining the merits.
2. In Gulf Cooperation Council (GCC) states
UAE is party to the GCC Convention for the Execution of Judgments (1995).
After recognition in Abu Dhabi, the judgment can be enforced in Bahrain, Kuwait, Oman, Qatar, and Saudi Arabia without re-litigation, subject to public policy exceptions.
Pursuant to Article 1 states that each of the GCC countries (of which UAE is a member) shall:
[E]xecute the final judgments issued by the courts of any member state in civil, commercial and administrative cases and the personal affairs cases in accordance with the procedures as provided under this agreement, provided that the court that issued the judgment has the jurisdiction in accordance with the international jurisdiction as applicable in the member state where the judgment is required to be executed or has the jurisdiction in accordance with the provisions of this agreement.
3. In treaty partner countries
UAE is a party to several bilateral and multilateral treaties (e.g., Riyadh Arab Agreement for Judicial Cooperation, treaties with France, China, India, etc.).
-France – UAE (1992): Convention on Judicial Assistance, Recognition and Enforcement of Judgments in Civil and Commercial Matters. (click here)
-China – UAE (2004): Convention on Judicial Assistance in Civil and Commercial Matters. (click here)
-India – UAE (2020): A declaration by India recognizing the UAE as a reciprocating territory concerning enforcement of foreign judgments. (click here)
4. Reciprocity principle in recognition of judgements
In jurisdictions without a specific treaty, the UAE enforces foreign judgments under domestic law if the foreign jurisdiction reciprocally enforces UAE judgments. This principle is applied cautiously and, on a case,-by-case basis. For example, the UAE Ministry of Justice saw reciprocity with the UK via enforcement of a Dubai judgment in the UK, though no treaty exists.