The ADGM Courts are an integral part of the Abu Dhabi Global Market, the international financial centre in Abu Dhabi. These courts operate under a framework of English common law, providing a distinct and independent judiciary system dedicated to resolving civil and commercial disputes. Designed with the international business community in mind, the ADGM Courts offer a transparent, efficient, and secure legal environment for the resolution of disputes.
-Unique Features of ADGM Courts:
• English Common Law Jurisdiction: One of the few jurisdictions outside of England and Wales to operate entirely on the principles of English common law, ensuring familiarity and predictability for international businesses.
• Cutting-Edge Technology: ADGM Courts utilize advanced digital courtroom technologies and case management systems, offering remote access and efficient handling of proceedings.
• Specialized Jurisdiction: While they primarily handle commercial and civil disputes, the courts are also equipped to deal with cases specific to financial services, intellectual property, and employment within ADGM.
• Global Enforceability: Decisions made by the ADGM Courts are recognized internationally, facilitating the enforcement of judgments across borders.
-Jurisdiction:
• Civil and Commercial Disputes: ADGM Courts have jurisdiction over civil and commercial matters, particularly those arising from activities conducted within the ADGM.
• Enforcement of Judgments: The courts are empowered to enforce judgments and arbitral awards, ensuring legal certainty and the protection of rights for businesses and individuals.
• International Collaboration: ADGM Courts have established memoranda of understanding (MOUs) with various international jurisdictions to facilitate the mutual recognition and enforcement of judgments.
-Expansion to Al Reem Island:
Cabinet Resolution No. 41 of 2023
In line with Cabinet Resolution No. 41 of 2023, ADGM’s jurisdiction has been expanded to include Al Reem Island. This significant development means that businesses operating on Al Reem Island must secure ADGM licenses or permits by December 31, 2024. This expansion underscores the strategic importance of Al Reem Island within Abu Dhabi’s financial ecosystem and enhances the regulatory oversight and business opportunities within the area.
-Implication for Businesses
• Compliance: All businesses on Al Reem Island are now required to comply with ADGM’s regulatory framework.
• Licensing and Permits: It is imperative for businesses to obtain the necessary ADGM licenses or permits before the deadline to ensure uninterrupted operations and legal compliance.
• Support and Guidance: ME Alliance offers expert guidance and support to help businesses navigate this transition smoothly.
-Business Structure in ADGM
Businesses can establish their presence in ADGM through various structures, tailored to their specific operational, financial, and strategic needs:
• Incorporation of Companies: Including private companies limited by shares or by guarantee, public companies, and branch registrations.
• Partnerships: Suitable for professional services firms and joint ventures, offering flexible structures like limited partnerships and LLPs.
• Special Purpose Vehicles (SPVs): Ideal for asset holding, risk management, and structured finance transactions.
• Foundations: A separate legal entity that serves as an alternative to trusts and holding companies, perfect for wealth management and succession planning.
• Expertise: Our legal team possesses extensive knowledge and experience in navigating the ADGM’s regulatory environment.
• Comprehensive Services: From company registration and compliance to dispute resolution and legal advisory, we offer a full spectrum of legal services tailored to your needs.
• Client-Centric Approach: We prioritize our clients’ interests and provide personalized solutions to ensure their business success in the ADGM.
At ME Alliance, we are committed to supporting your business ventures in the Abu Dhabi Global Market with professionalism and excellence.
Contact us today to learn how we can assist you in achieving your business objectives within the ADGM framework.