Federal Decree No. (126) of 2024 Regarding the Zayed Humanitarian Heritage Foundation
November 27, 2024
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Law No (12) of 2020
Amending Some of the Provisions of Law No. 4 of 2013
Concerning the Abu Dhabi Global Market
The Global Market’s Courts provide a structured judicial system to handle commercial and civil disputes within the jurisdiction. These courts operate under the Emirate’s judicial framework, issuing judgments in the name of the Ruler of Abu Dhabi. This covers the appointment of the Chief Justice and judges, court management procedures, the Chief Justice’s duties, and the courts’ jurisdiction over various cases, including the enforcement of judgments.
1.Court Structure:
•First Instance Courts: Formed of one judge.
•Courts of Appeal: Formed of three judges.
2.Chief Justice Appointment:
•Appointment: The Chief Justice is appointed by a Board of Directors resolution.
•Effectiveness: The appointment becomes effective 15 days after notifying the Chairman of the Judicial Department, provided there are no objections.
•Remuneration: Determined in the Board resolution.
3. Judge Appointments: Judges are appointed by the Board of Directors resolution based on the Chief Justice’s proposal.
4. Court Management and Procedures: Management, litigation procedures, judgments, and dispute resolution procedures are determined by a regulation issued by the Board of Directors.
5. Duties and Powers of the Chief Justice:
• Propose Draft Regulations: Submit to the Board of Directors for approval.
• Strategic Planning: Prepare and approve strategies, policies, and objectives; report on implementation to the Board of Directors.
• Propose Fees: For services rendered by the Courts; submit to the Board for approval.
• Budget Management: Prepare draft annual budget and closing accounts; submit for Board and Executive Council approval.
• Financial Oversight: Review and approve financial statements; submit to the Board.
• Bank Accounts: Open, operate, and manage bank accounts as per Board-approved competencies.
• Staff Appointments: Employ personnel as needed to assist the Courts.
• Executive Decisions: Issue decisions necessary to carry out duties and powers.
6. Jurisdiction of the Court of First Instance:
The Court of First Instance shall decide on:
• Civil/Commercial Cases: Involving the Global Market or its Authorities/Establishments.
• Contracts/Transactions: Arising within or related to the Global Market.
• Appeals: Against decisions or procedures by Global Market Authorities.
• Requests: Under the jurisdiction of the Global Market Regulations.
• Interpretation Issues: Concerning the interpretation of any articles of the Global Market Regulations.
7. Alternative Dispute Resolution:
• The Global Market’s Courts may hear and adjudicate any civil or commercial claim or dispute where the parties agree in writing to file such claim or dispute with them whether before or after the claim or dispute arises.
• The parties may agree to refer their claims or disputes to arbitration, or, in relation to the issues specified in the Law, the parties may agree in their commercial contracts and transactions to submit to the jurisdiction of any other court other than the Global Market’s Court of First Instance.
8. Jurisdiction of the Court of Appeal:
• The Court of Appeal shall have exclusive jurisdiction to consider and decide on appeals made against the judgments or orders issued by the Court of First Instance.
• Judgments of the Court of Appeal are final and may not be challenged by any method of appeal.
9. Execution Judge:
The Chief Justice shall deputize one or more of the Global Market’s Courts judges as execution judge. The deputized execution judge shall have jurisdiction over the execution of the judgments and orders rendered by the Global Market’s Courts and arbitral awards recognized by the Global Market’s Courts, and such execution shall be in accordance with the Global Market’s Regulations.
10. Enforcement of Judgments Outside the Global Market:
Judgments and orders rendered by the Global Market’s Courts and arbitral awards recognized by the Global Market’s Courts shall be enforced by the competent entities outside the Global Market in accordance with the procedures and rules adopted by such entities, as well as any memoranda of understanding between the Board of Directors or the Global Market’s Courts and those entities.
*This shall not apply to a judgment or order rendered by the Global Market’s Courts in respect of the recognition or enforcement of:
• a judgment or order issued by a court outside the Emirate; or
• any arbitral award rendered by a tribunal where the seat is outside the Global Market.
* Subject to the provisions of this Article, the following shall be taken into consideration when judgments or orders made by the Global Market’s Courts, or arbitral awards recognized by the Global Market’s Courts are to be enforced by the courts of the Emirate:
• A judgment creditor may, upon direct application to any of the Emirate’s courts, request that court to take any measure or action to enforce any judgments or orders made by the Global Market’s Courts, or arbitral awards recognized by the Global Market’s Courts;
• The Global Market’s Courts may, upon the application of a judgment creditor, deputize an enforcement judge from the courts of the Emirate to take any measure or action to enforce any judgments or orders made by the Global Market’s Courts, or arbitral awards recognized by the Global Market’s Courts;
• The enforcement judge of the court of the Emirate shall apply the enforcement procedures set out in the Federal Law No. (11) of 1992 referred to without re-examining the merits of the judgment, order or recognized arbitral award.
11. Enforcement of External Judgments:
* Subject to the provisions of paragraph the previous Article, the following shall be taken into consideration when final judgments, judgments for expedited enforcement, decisions or orders made by the courts of the Emirate, or arbitral awards ratified by such courts, are to be enforced by the Global Market’s Courts:
• A judgment creditor may, upon direct application to the Global Market’s Courts, request them to take any measure or action to enforce any final judgments, judgments for expedited enforcement, decisions or orders made by the courts of the Emirate, or arbitral awards ratified by such courts;
• The enforcement judge of the Global Market’s Courts shall apply the enforcement procedures set out in the Global Market’s Courts’ procedural rules without re-examining the merits of the final judgment, judgment for expedited enforcement, decision, order or ratified arbitral award.
12. Recognition of External Judgements and Awards:
Subject to any Regulations issued by the Board of Directors, including any provisions for the protection of Netting Agreements, any judgments, decisions, orders or arbitral awards rendered, recognized or ratified by courts, or by an arbitrator or arbitrators outside the Global Market shall, upon application by the concerned party, be enforced within the Global Market in accordance with the Global Market Regulations.
The Global Market’s Courts enhance legal clarity and efficiency within the Global Market. With clear appointment processes, management regulations, and defined jurisdictions, these courts ensure fair and swift dispute resolution. Their ability to enforce judgments locally and externally solidifies their role in upholding justice and supporting a stable business environment, benefitting all stakeholders.
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