adgm courts divisions and Jurisdiction CFI Rules 2015 Amendment no 1 of 2020
Verify source ↗ AI-assisted research summary: This amendment updates the Court of First Instance rules to expand and clarify the Commercial and Civil Division’s jurisdiction, especially for insolvency claims or disputes, and adds a definition of “commercial claim or dispute.”
Divisions and Jurisdiction (Court of First Instance) Rules 2015 Amendment No 1 of 2020 DIVISIONS AND JURISDICTION (COURT OF FIRST INSTANCE) RULES 2015 AMENDMENT NO 1 OF 2020 Date of Enactment: 24 June 2020 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013 concerning the Abu Dhabi Global Market, as amended, issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations – Amendments to Divisions and Jurisdiction (Court of First Instance) Rules 2015 The Divisions and Jurisdiction (Court of First Instance) Rules 2015 are amended as follows: (1) The words “Commercial and” shall be inserted before “Civil Division” in rule 1(1)(a). (2) The words “Commercial and” shall be inserted before “Civil Division” in the title of rule 2 and in rule 2(1). (3) In rule 2(2)(c), 2015 shall be replaced by 2019. (4) In rule 2(2), the preamble shall be amended to read: “The Commercial and Civil Division shall have jurisdiction to hear and determine any commercial claim or dispute, insolvency claim or dispute and any other civil claim or dispute except -”. (5) A new rule 2(3), shall be inserted as follows: “For the avoidance of doubt, paragraphs 2(a), (c) and (d) shall not apply to insolvency claims or disputes and the Commercial and Civil Division shall have exclusive jurisdiction in relation to such claims or disputes.” (6) In rule 3(1), the words “Subject to rule 4,” shall be deleted and replaced by the words “Subject to rule 2(3)”. (7) In rule 3(1)(a), 2015 shall be replaced by 2019. (8) In rule 3(2), the words “or 4(1)” shall be deleted. (9) In rule 4(1) the words “falling within rule 2(1).” shall be inserted after the words “claims and disputes” and rules 4(1)(a) and 4(1)(b) shall be deleted. (10) In rule 4(2)(a) the words “, arbitration claims or judicial review proceedings” shall be inserted directly after the words “arising out of or in connection with family proceedings”. (11) In rule 4(2)(b) the words “rules 2(3) or” shall be inserted after the words “falling within” and the words”, save as provided by paragraph (1)(b)” shall be deleted (12) In rule 4(2)(c) the words “with the exception of claims or disputes falling within paragraph (1)(b),” shall be deleted. (13) In the Interpretation section, paragraph 5(c) the words ”, as amended by Law No. (12) of 2020,” shall be inserted directly after the words ““ADGM Founding Law” means Law No. (4) of 2013 concerning the Abu Dhabi Global Market”. 1 (14) In the Interpretation section a new paragraph 5(f) shall be inserted as follows: ““commercial claim or dispute” means any claim or dispute arising out of the transaction of trade or commerce;”. 2
Referenced legislation
- Divisions and Jurisdiction (Court of First Instance) Rules 2015 (unresolved)
- Law No. (12) of 2020 (unresolved)
- Divisions and Jurisdiction (Court of First Instance) Rules 2015 (unresolved)
- Law No. (4) of 2013 concerning the Abu Dhabi Global Market (unresolved)
- Law No. 4 of 2013 concerning the Abu Dhabi Global Market (unresolved)