On 12 June 2024, Law No. 6 of 2024 Concerning the Judicial Department in the Emirate of Abu Dhabi (the Law) was enacted. The Law establishes a Judicial Department directly responsible to the Ruler and re-enacts the basic legal structure of Court of First Instance, Court of Appeal and Court of Cassation. Importantly, Article 5 of the Law empowers the Judicial Department to create Specialised Courts within this basic structure.

For ADGM practitioners, the important take aways are as follows:

1. Pursuant to Article 11 of the Law, certain Specialised Courts are empowered to conduct proceedings in English. 
2. Article 18 of the Law states that judges can be non-nationals.
3. Article 7 of the Law empowers the Abu Dhabi Court of Cassation to resolve conflicts of jurisdiction between the various courts within the emirate. In the event of a conflict between the ADGM and onshore Abu Dhabi courts, it is therefore open to either party to apply directly to Cassation. This reflects Federal Decree Law No. 33 of 2022 Concerning the Supreme Federal Court which restricts the role of the Supreme Federal Court to adjudicate on jurisdictional disputes between, and not within, the various emirates. The position in Abu Dhabi contrasts with that of Dubai where a Joint Judicial Tribunal, rather than the Court of Cassation, resolves jurisdictional disputes between onshore courts and the DIFC Court. 

For further information please contact William Prasifka and Sherif Maher.