Guidance Note for Parties - Fast Track in Commercial and Civil Division

Guidance Note for Parties Fast Track for Commercial and Civil Claims Table of Contents Introduction ................................................................................................................. 1 Overriding Objective and Target Resolution Timeline ...................................................... 1 Overview of Fast Track Allocation .................................................................................. 1 Requirements for Fast Track Allocation: Suitability and Eligibility .................................... 1 Fast Track Request, Service, Response and Allocation ................................................... 2 Accelerated Timetable and Pleadings ............................................................................ 3 Streamlined Procedures ............................................................................................... 3 Front-Loaded Limited Disclosure .................................................................................. 4 Expedited Case Management Conference (CMC) ........................................................... 4 Mediation ..................................................................................................................... 4 Witness Statements ..................................................................................................... 4 Case Determination ...................................................................................................... 5 Appeals ....................................................................................................................... 5 Summary ..................................................................................................................... 5 Guidance Note for Parties1 Fast Track for Commercial and Civil Claims Issue date: 17 October 2025 Introduction 1. This guidance note outlines the procedures, requirements and advantages associated with the new Fast Track established under Part 40 of the ADGM Court Procedure Rules 2016 (CPR) and Section L of Practice Direction 2 (PD 2). These procedures are designed to provide expedited resolution for suitable cases in the Commercial and Civil Division. Overriding Objective and Target Resolution Timeline 2. The Fast Track is a crucial mechanism intended to further the ADGM Courts' overriding objective: ensuring that the system of civil justice is accessible, fair, and efficient [CPR 2(2)]. 3. The Court’s intention is for all cases allocated to the Fast Track to be determined within six months of allocation [PD 2.123]. Achieving this timeline involves proactive judicial oversight and requires strict adherence to compressed timelines by all participating parties. Overview of Fast Track Allocation 4. A case in the Commercial and Civil Division can be placed on the Fast Track by request of the claimant (when filing the claim form), by request of the defendant (when filing the acknowledgment of service), or on the Court's own initiative based on the papers [CPR 324(3)]. 5. A Judge sitting in the Commercial and Civil Division has full discretion to allocate cases to, or remove them from, the Fast Track at any stage of the proceedings [CPR 324(4)]. The Judge’s decision regarding allocation is final and cannot be appealed [CPR 324(5)]. 6. For a case to be considered "suitable" for the Fast Track, it must generally meet specific indicative criteria designed to ensure the case is Fast Track appropriate and capable of rapid resolution. Requirements for Fast Track Allocation: Suitability and Eligibility 7. PD 2.125 - 2.127 sets out indicative criteria for Fast Track cases. Parties must familarise themselves with these criteria before they submit a request for their case to be placed on the 1 This Guidance Note has been prepared to assist parties by providing an overview of the Fast Track in the Commercial and Civil Division. The Guidance Note is summarial in nature. Parties must always consult the Rules and Practice Directions for the Fast Track in any particular case. 1 Fast Track. Specifically, a case may be suitable for the Fast Track where it is expected to involve: a. Two fact witnesses or fewer per party: Parties are generally limited to a maximum of two fact witnesses each, unless the Court orders otherwise. b. Limited disclosure. c. Limited, if any, interlocutory applications. d. No expert evidence: Expert evidence is not permitted unless the Court orders otherwise. e. A hearing (if required) of two days or fewer. 8. Suitable cases may also exhibit one or more of the following features: a. Financial Value: The case has a financial value of between US$100,000 and US$500,000, excluding interest. b. Straightforward Nature: The case is considered straightforward and does not involve a substantial dispute of fact. c. Urgency: The case is urgent. d. Specific Examples: Examples of claims likely to be suitable for Fast Track include liquidated debt claims, arbitration claims and claims for declaratory relief that are unlikely to involve a substantial factual dispute. Fast Track Request, Service, Response and Allocation 9. A claim form which commences proceedings and proposes the Fast Track must be in accordance with Form CFI 1 [PD 2.129]. When a claimant requests Fast Track allocation in the claim form, this triggers an initial set of requirements and accelerated procedures pending the Court’s decision on the request. Specifically: a. Claim Form (Claimant): The claimant must include in the claim form concise reasons for the Fast Track request by reference to the indicative criteria set out in PD 2.125 - 2.127 [PD 2.128]. The claimant is also required to make standard disclosure by listing and attaching to the claim form all documents on which the claimant will rely at trial (front-loaded disclosure) [CPR 325, PD 2.128]. b. Service of the Claim Form (Registry/ Claimant): The Registry will serve the claim form on every defendant who is to be served inside the United Arab Emirates. It is the claimant’s responsibility to serve the claim form on every defendant who is to be served outside the United Arab Emirates [CPR 15(2), PD 2.4]. 2 c. Acknowledgment of Service (Defendant): The defendant is required to file and serve an acknowledgment of service within 7 days of being served with the claim form, rather than the standard 14 days [CPR 326(1)]. This 7-day time limit applies in all cases and regardless of whether the defendant accepts or disputes the claimant’s proposed allocation to the Fast Track [PD 2.130]. The acknowledgment of service must contain the defendant's response to the Fast Track proposal [CPR 326(1)(b), PD 2.132 - 2.133]. d. Decision (Court): Within 3 days of the acknowledgment of service being filed (or the last acknowledgment if there is more than one defendant), the Court may give directions or make an order to allocate the case to the Fast Track, or it may reserve its allocation decision until after the defendant has answered the claim [CPR 327, PD 2.136]. Accelerated Timetable and Pleadings 10. The Fast Track compresses the standard timelines for filing an acknowledgment of service and pleadings. Fast Track Standard Relevant Procedural Step Timeline Timeline Rule within 7 days2 of CPR Acknowledgment of Service 14 days service of claim 326(1)(a) Answering the Claim within 21 days3 of (Defence/Admission/Jurisdiction 28 days CPR 328(1) service of claim Dispute) within 14 days4 of Reply to Defence 21 days CPR 329 service of defence 11. The parties can agree to extend the period for answering a claim by up to 14 days [CPR 328(3)]. Any further extension requires an application to be made to the Court [CPR 328(4)]. If the Court reserves its decision on allocation until after the defendant has answered the claim, the defendant must file the answer within 28 days of being served with the claim form [CPR 328(2), PD 2.137]. Streamlined Procedures 12. The Fast Track procedures provide for significant advantages by focusing resources on the core issues of the dispute. In addition to an accelerated pleadings phase (see Section V above), the streamlined procedures for Fast Track include: 2 The 7-day time limit applies to all cases where the Fast Track is proposed by the claimant. It applies regardless of whether the defendant accepts or disputes the proposed allocation to the Fast Track [PD 2.130]. 3 The 21-day time limit applies only if the Court has made an order placing the case on the Fast Track [PD 2.134]. Otherwise, the 28- day time limit will apply including where the Court has reserved its decision on whether to allocate the case to the Fast Track [CPR 328(2), PD 2.137]. 4 The 14-day time limit applies only if the Court has made an order placing the case on the Fast Track [PD 2.138]. Otherwise, the 21- day time limit will apply. 3 Front-Loaded Limited Disclosure 13. Disclosure rules are tailored to maximize efficiency: a. Claimant's Initial Disclosure: If the claimant proposes the Fast Track, they must make standard disclosure of all documents they will rely on at trial by listing and attaching those documents to the claim form [CPR 325, PD 2.128]. b. Subsequent Disclosure: If a case has been allocated to the Fast Track, the parties must provide standard disclosure of the documents they will rely on when filing their pleadings [CPR 330(a), PD 2.144]. If a case is allocated to the Fast Track after pleadings have been filed, a party must provide standard disclosure within 14 days of allocation [CPR 330(b), PD 2.145]. c. Specific Disclosure: Applications for specific disclosure must be made within 7 days of the close of pleadings [CPR 330(c), PD 2.146]. The Court will usually determine disputed requests for specific disclosure on the papers [PD 2.147]. d. Redfern Schedules: The requirement to use Redfern Schedules for specific disclosure requests does not apply to Fast Track cases. Expedited Case Management Conference (CMC) 14. Features of the CMC on the Fast Track include: a. Expedited CMC: The CMC is convened rapidly, within 10 days of the close of pleadings (compared to the standard 14 days) [PD 2.44]. CMCs are usually conducted by videoconference. b. Simpler Process: Fast Track cases utilise a bespoke, simpler Directions Questionnaire (Appendix B to PD 2) and proposed directions template (Appendix D to PD 2) to guide the process [PD 2.46, 2.47]. The parties must also file a list of issues for cases on the Fast Track [PD 2.45]. Mediation 15. The parties are actively encouraged to consider court-annexed mediation for Fast Track cases [PD 2.50-2.52]. A mediation for a Fast Track case can be convened on an expedited basis as required. Witness Statements 16. Witness statements are to be filed on an expedited basis. Specifically, every party to the case must file and serve simultaneously: a. within 21 days of the close of pleadings, all witness statements for that party’s witnesses [CPR 331(a)] 4 b. within a further 14 days, any witness statements in reply [CPR 331(b)]. Case Determination 17. The Court has the power to decide the case entirely on the papers without an oral hearing. This may occur if the parties agree, or if the Court considers it fair and appropriate in all of the circumstances [CPR 334, PD 2.150]. This provides a highly efficient route to final judgment. Appeals 18. No appeal can be brought against a Fast Track case management order [CPR 324(6)]. An appeal against a final order or judgment is to be made in accordance with Part 25 of the CPR and Practice Direction 11. Before an appeal can be made, permission to appeal must first be obtained [CPR 206, Section A of Practice Direction 11]. Summary 19. In summary, the Fast Track provides a powerful, specialised avenue for litigating straightforward commercial and civil disputes. By limiting scope, evidence and procedure, the Fast Track upholds the objective of delivering accessible, fair, and efficient justice within a targeted timeframe of six months from case allocation. Parties seeking to utilise the Fast Track must be prepared for the compressed timelines and abide by strict adherence to the procedural framework. 5