Introduction
Abu Dhabi Global Market ("ADGM") is a financial free zone, established in October 2015 under Abu Dhabi Law No. 4 of 2013. It is an internationally recognized financial hub serving the Al Maryah and Al Reem Islands, whereby the Abu Dhabi Global Markets Courts ("ADGM Courts") were established in 2016. The ADGM is a common law jurisdiction in a predominantly civil law environment of the Middle East. The ADGM Courts have jurisdiction over the matters that occur in connection to the ADGM or in an appeal of a decision or procedure issued by any of the ADGM authorities and have adopted a three-tier division in its court of first instance providing for civil and commercial disputes ("Civil and Commercial Division"), small claim disputes ("Small Claims Division") and employment disputes ("Employment Division"). The legal framework governing the same encompasses the Court Procedural Rules, 2016 ("CPR") and relevant Practice Directions ("PD") with respect to each division.
In our previous article, we discussed and reflected upon the intricacies of the disclosure and inspection of documents and evidence to be filed by the parties. Building upon that foundation, this brief overview further elucidates the understanding of witness summons, pre-trial review and filing and serving of documents for the trial.
Witness Summons and Deposition
As per CPR 121, a witness summons is a court-issued document mandating the attendance of a witness before the court, to provide oral testimony or to produce relevant documents, either on the scheduled hearing date or on any other date as determined by the court. Such witness summons may be set aside or varied by the court as per its discretion. A witness summons is required to be personally served by the party on whose behalf it is issued, upon each party to the proceedings. In accordance with CPR 124, a witness is required to be compensated at the time of service with a reasonable sum, sufficient to cover travel expenses and compensation for loss of time, incurred in compliance with such summons. The witness summons remains binding until the conclusion of the hearing at which the witness' attendance is required. Additionally, a witness summons may be issued to require a witness's attendance for an oral testimony or document production, on any date other than the trial date.
A separate witness summons is required for each witness. A party is required to obtain prior approval from the court. In the event, a witness is a resident in the United Arab Emirates, the witness summons is issued no less than 7 (seven) days before the date of the trial. Similarly, if a witness is a resident in any other jurisdiction, the summons must be issued no less than 21 (twenty one) days before the date of the trial.
Furthermore, a party may seek an examination order for a person to be examined prior to a hearing. As per CPR 125, any evidence obtained through an examination order constitutes a deposition and may necessitate the production of documents deemed essential by the court for the purpose of such examination. In accordance with CPR 126, such an examination is to be conducted in the way as if it were the witness giving evidence at the trial. Furthermore, in the event, all parties to the proceedings are present, the examiner may, with the consent of all parties and the individual concerned, conduct the examination of a person not named in such examination order. As per CPR 128, a deposition may be admitted as evidence at a hearing, provided that the party seeking to rely on it serves prior notice upon the other parties.
In accordance with CPR 125(6), in the event a deposition is to be undertaken, the court may order the party who obtains such examination order to serve a witness statement or witness summary in relation to the evidence provided by the deponent. However, if a deponent served with the examination order fails to attend the deposition or to affirm or to answer any lawful question or produce any document, a certificate of his failure or refusal is required to be filed by the party requiring such deposition.
Documents for Trial
As per PD 2.106, the court issues directions for the filing and serving of documents for the trial, including but not limited to the updated list of issues, chronology of events, a dramatis personae, an index of hearing bundle, and any other document deemed necessary by the court in accordance with the circumstances of the case and the nature of issues in the dispute. Such documents are required to be drafted in neutral terms and are to be agreed upon by the parties. However, in the event, the parties fail to reach a consensus in relation to such documents, they are obligated to inform the court, which shall then resolve the issue upon hearing representations from the parties.
Additionally, any document for the trial must be aligned with the hearing bundle, which is required to be filed in Form CFI 36 and Appendix E of PD2, and includes the relevant claim form, defence of the parties, witness statements, orders, and such other relevant documents in relation to the case. As per PD 2.110, the hearing bundle is required to be submitted to the court by the claimant, in an electronic format with an index as agreed between the parties. Furthermore, if required, the parties may also submit a supplementary hearing bundle containing any additional documents that are not included in the original hearing bundle.
In accordance with PD 2.114 and PD2.115, each party is required to file a case management conference bundle and a hearing bundle, in relation to a particular hearing, no less than 3 (three) days before such case management conference or hearing, as applicable.
Pre-trial review and progress monitoring
At this juncture and in accordance with PD 2.54, it is crucial to highlight that the court may conduct a pre-trial review between 4 (four) to 8 (eight) weeks prior to the date fixed for trial. For conduct of the pre-trial review, each party is required to file and serve on other parties the pre-trial checklist, as set out in Appendix D of the PD2, no later than 5 (five) days before the pre-trial review. It is through such pre-trial checklist that the court formalises the timetable for the trial or specifies the dates for the trial.
In the event, any progress monitoring date is fixed by the court at the initial case management conference, as per PD 2.49, the court may undertake such monitoring at this stage. Additionally, the court may direct a further case management conference in view of the information provided by the parties in the procedural compliance statement.
However, if deemed necessary, the court may compile the progress monitoring with the pre-trial review to streamline case management and ensure procedural efficiency.
Conclusion
The ADGM Courts' procedural framework for witness summons, depositions, filing and serving of documents for trial, and pre-trial review ensures efficiency and strict procedural compliances. The pre-trial review and progress monitoring mechanisms enable proactive case management which minimizes delays. By enforcing electronic filings and standardized hearing bundles, the ADGM Courts foster a reliable and transparent legal system. These measures strengthen ADGM's resolve to serve as a regional centre for conflict resolution.
Originally published 24.03.25
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
