• Chapter 3: Chapter 3: Court of First Instance

    • 16. General Jurisdiction of the Court of First Instance

      (1) The Court of First Instance shall be a superior court of record.
      (2) Subject to the provisions of these Regulations, there shall be exercisable by the Court of First Instance all such jurisdiction as is conferred on it by —
      (a) Articles 13(7) and (8) of the ADGM Founding Law;
      (b) an Applicable Abu Dhabi Law;
      (c) these Regulations;
      (d) any other ADGM enactment; or
      (e) any request, in writing, by the parties to have the Court of First Instance determine the claim or dispute.
      (3) Save as provided by Article 13(1) of the ADGM Founding Law, any jurisdiction of the Court of First Instance shall be exercisable only by a single Judge of that Court, except in so far as provided otherwise by court procedure rules.
      (4) The specific mention elsewhere in these Regulations of any jurisdiction covered by subsection (2) shall not derogate from the generality of that subsection.

    • 17. Mandatory, prohibiting and quashing orders

      (1) The Court of First Instance shall have jurisdiction to make mandatory, prohibiting and quashing orders.
      (2) Every such order shall be final, subject to any right of appeal therefrom.

    • 18. Injunctions to restrain persons from acting in offices in which they are not entitled to act

      (1) Where a person not entitled to do so acts in such an office to which this section applies, the Court of First Instance may —
      (a) grant an injunction restraining him from so acting; and
      (b) if the case so requires, declare the office to be vacant.
      (2) This section applies to any substantive Abu Dhabi Global Market office of a public nature and which is held under the Board on behalf of His Highness or which has been created by the ADGM Founding Law, an Applicable Abu Dhabi Law or any ADGM enactment. For the purposes of this section, members of the Board are deemed to hold public office under the Board.

    • 19. Appeals from inferior courts

      (1) The Court of First Instance shall have exclusive jurisdiction to hear and determine an appeal of a judgment of an inferior court where the appeal relates to —
      (a) a question of law;
      (b) an allegation of miscarriage of justice;
      (c) an issue of procedural fairness; or
      (d) a matter provided for in or under these Regulations or any other ADGM enactment.
      (2) The Court of First Instance may, in the exercise of its appellate jurisdiction under subsection (1) —
      (a) affirm, reverse or vary the judgment, order, decision or award appealed;
      (b) set aside the judgment, order, decision or award appealed, in whole or in part;
      (c) make any other order it considers appropriate;
      (d) remit proceedings to the inferior court from which the appeal was brought, subject to any directions the Court of First Instance considers appropriate; or
      (e) make any order or direction that is in the interests of justice.
      (3) No second appeal shall lie from a decision of the Court of First Instance made under this section.