ME-Alliance Represented by Dr. Mohammed Haitham Salman at IBA Conference in ADGM
February 14, 2025
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ME-ALLIANCE LEGAL INSIGHT
ADGM Courts Practice (Direction 11)
Procedural Framework For Appeal
The ADGM’s Practice Direction 11 (effective 30 November 2023) provides a streamlined procedural framework for appeals in the Abu Dhabi Global Market (ADGM) Courts, covering both the Court of First Instance and the Court of Appeal. Below is a summary of the key provisions of the Procedures before Appeal Court:
1. PERMISSION TO APPEAL:
a) Requirement: Appeals require prior permission, as per Rule 206(1) of ADGM Court Procedure Rules 2016, ensuring only cases with merit proceed.
b) Threshold: Permission is granted if the appeal has a real prospect of success or there is another compelling reason.
c) Applications: Permission applications must identify the judgment, specify grounds, and include a written argument (6–12 pages).
2. RULE 206(1) – DEADLINES FOR PERMISSION TO APPEAL:
a) Case management or interim orders: File to the Court of Appeal within 7 days of the order or judgment.
b) Court of First Instance refusing permission to apply for judicial review: File to the Court of Appeal within 10 days of the order being made.
c) Other cases: File to the Court of First Instance or Court of Appeal within 21 days of the order or judgment.
3. ADGM’s – APPEAL PROCESS:
a) Notice of Appeal: Must be filed within 7 days of receiving permission, specifying the grounds and desired outcome.
b) Written Arguments:
• For Appellants: Submit arguments within 10–20 pages and for
• Respondents: Respond with arguments of the same length, with the option to support the judgment on additional grounds.
c)Appeal Bundle: Both parties must prepare and upload bundles containing essential materials, such as judgments and legal authorities.
4. PRACTICAL IMPLICATIONS AND RECOMMENDATIONS FOR LITIGANTS:
a) Practical Implications:
• Efficiency: The emphasis on digital submissions and strict procedural rules streamlines case management and reduces delays.
• Discipline: Clearly defined standards for submissions, including page limits, promote procedural consistency.
• Transparency: The requirement to upload all materials and legal authorities fosters openness and accessibility for all parties.
b) Recommendations for Litigants:
• Early Preparation: Ensure full compliance with formatting, submission requirements, and deadlines.
• Concise Written Arguments: Develop clear, well-reasoned arguments within the specified page limits to strengthen your appeal.
• Strategic Use of Authorities: Carefully select and reference legal materials to effectively support your case.
• Diligent Monitoring: Adhere to all procedural deadlines, as non-compliance may result in dismissal or delays.
CONCLUDING REMARKS:
Practice Direction 11 highlights the ADGM Courts’ commitment to efficiency, transparency, and fairness in appeal proceedings. By adhering to these procedural guidelines, litigants can effectively navigate the appeals process and avoid unnecessary complications. This update reflects the ADGM’s ongoing commitment to delivering effective and streamlined judicial processes.
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