• PART 3 PART 3 — Constitution Of The Courts

    • 26. The Court of Appeal

      (1) The Court of Appeal shall consist of —
      (a) the Chief Justice; and
      (b) any Judge of the ADGM Courts directed to sit in that Court by the Chief Justice.
      (2) A Judge of the ADGM Courts shall be styled "Justice of Appeal" when sitting in that Court.
      (3) The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of the Chief Justice.

    • 27. Composition of the Court of Appeal

      (1) In this section "Court", except where the context otherwise requires, means the Court of Appeal.
      (2) Subject as follows and to Article 13(1) of the ADGM Founding Law, a Court shall be constituted for the purpose of exercising any of its jurisdictions if it consists of three Judges.
      (3) Subject to Article 13 of the ADGM Founding Law, the Chief Justice may, with the agreement of the Board, give, or vary or revoke directions about the minimum number of Judges of which a Court must consist of if it is to be duly constituted.
      (4) The Chief Justice, or any Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of Judges of which a Court is to consist of for the purpose of any particular proceedings.
      (5) A duly constituted Court shall be referred to as a "Full Court".
      (6) The Chief Justice may give directions as to what is to happen in any particular case where one or more members of a Court which has partly heard proceedings is unable to continue.
      (7) Section 108 (assessors in the Court of First Instance) shall apply in relation to causes and matters before the Court of Appeal as they apply in relation to causes and matters before the Court of First Instance.

    • 28. The Court of First Instance

      (1) The Court of First Instance shall consist of —
      (a) the Chief Justice; and
      (b) any Judge of the ADGM Courts directed to sit in that Court by the Chief Justice.
      (2) A Judge of the ADGM Courts shall be styled "Justice of First Instance" when sitting in that Court.
      (3) Except where these Regulations expressly provide otherwise, all Justices of First Instance shall have in all respects equal power, authority and jurisdiction.
      (4) The Court of First Instance shall be taken to be duly constituted notwithstanding any vacancy in the office of the Chief Justice.

    • 29. Composition of the Court of First Instance

      (1) In this section "Court", except where the context otherwise requires, means the Court of First Instance.
      (2) Subject as follows and to Article 13(1) of the ADGM Founding Law, a Court shall be duly constituted for the purpose of exercising any of its jurisdictions if it consists of one Judge.
      (3) The Chief Justice may, with the agreement of the Board, give, vary or revoke directions about the minimum number of Judges of which a Court must consist of if it is to be duly constituted.
      (4) The Chief Justice may give directions as to what is to happen in any particular case where a Judge of an ADGM Court which has partly heard proceedings is unable to continue.

    • 30. Judges to exercise first instance and appellate jurisdiction

      Subject to section 101, the Chief Justice may from time to time direct any one or more Judge of the ADGM Courts —

      (a) to sit as a Justice of First Instance for the purpose of hearing and disposing of any cause, matter or issue pending before the Court of First Instance;
      (b) to sit as a Justice of Appeal for the purpose of hearing and disposing of any cause, matter or issue pending before the Court of Appeal.

    • 31. Power to create or alter Divisions or transfer certain Courts to different Divisions

      (1) The Board may from time to time, on the recommendation of the Chief Justice, make rules that provide for —
      (a) the creation of different Divisions of the Court of Appeal or of the Court of First Instance;
      (b) any increase or reduction in the number of Divisions of the Court of Appeal or of the Court of First Instance;
      (c) the allocation of any Court to a Division; or
      (d) the transfer of any Court to a different Division,
      to be carried into effect in pursuance of that recommendation.
      (2) Any rules made under this section may include such incidental, supplementary or consequential provisions as appear to the Board necessary or expedient, including amendments of provisions referring to particular Divisions contained in these Regulations or any other ADGM enactment.

    • 32. Chair of Divisions

      Each Division shall be presided over by a Judge of that Division who shall hold the office of Chair of that Division and who shall be appointed Division Chair by the Chief Justice.

    • 33. Chief Justice of the Courts

      (1) The Chief Justice is the Head of the judiciary of the Abu Dhabi Global Market Courts.
      (2) The Chief Justice is responsible for —
      (a) representing the views of the judiciary to the Board and, where required and appropriate, to the Executive Council;
      (b) the maintenance and appropriate arrangements for the welfare, training and guidance of the judiciary within the resources made available by the Board;
      (c) the maintenance of appropriate arrangements for the deployment of the judiciary and the allocation of work within the Courts.
      (3) Subsection (2) does not alter and is in addition to those duties and powers set out in Article 13(6) of the ADGM Founding Law.
      (4) The Chief Justice is entitled to sit in any Court.
      (5) In subsection (2)(a), "Executive Council" means the Executive Council of the Emirate.