A8 v B8 (Consequential Hearing - Noor Contempt Applications) [2023] ADGMCFI 0015 (26 June 2023)

A8 v B8 (Consequential Hearing - Noor Contempt Applications) [2023] ADGMCFI 0015 (26 June 2023)

The ADGM Court has jurisdiction and is required to recognise and enforce the arbitral award within ADGM as no statutory grounds for refusal exist, but cannot affix the executory formula to facilitate enforcement outside ADGM due to the mandatory terms of Article 13(14) of the Amended Founding Law and Practice Direction 10.15.

Citation
[2023] ADGMCFI 0015
Parties
Claimant: A8; Defendant: B8
Jurisdiction
United Arab Emirates
Judgment Date
26 June 2023
Procedural Posture
Application for Recognition and Enforcement of Arbitral Award; Jurisdictional Objection / Judgment After Hearing of Both Applications
Outcome
Claimant’s application for recognition and enforcement of Abu Dhabi arbitral award granted within Abu Dhabi Global Market; Defendant’s jurisdictional objection dismissed.
Legal Topics
Recognition and Enforcement of Arbitral Awards, Jurisdiction of ADGM Courts, Conduit Jurisdiction, Executory Formula, Interpretation of ADGM Founding Law
Arbitration Commercial Law Civil Procedure Recognition and Enforcement of Arbitral Awards Jurisdiction of ADGM Courts Conduit Jurisdiction Executory Formula Interpretation of ADGM Founding Law

Case Brief

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Parties

A8

Claimant

B8

Defendant

Procedural Posture

Application for Recognition and Enforcement of Arbitral Award; Jurisdictional Objection / Judgment After Hearing of Both Applications

Legal Issues

  1. 1 Whether the ADGM Court has jurisdiction to recognise and enforce the arbitral award
  2. 2 Whether the absence of assets in ADGM precludes enforcement
  3. 3 Whether the executory formula can be affixed to facilitate enforcement outside ADGM

Ratio Decidendi

The ADGM Court has jurisdiction and is required to recognise and enforce the arbitral award within ADGM as no statutory grounds for refusal exist, but cannot affix the executory formula to facilitate enforcement outside ADGM due to the mandatory terms of Article 13(14) of the Amended Founding Law and Practice Direction 10.15.

Court Disposition

Claimant’s application for recognition and enforcement of Abu Dhabi arbitral award granted within Abu Dhabi Global Market; Defendant’s jurisdictional objection dismissed.

Orders

  • Award recognised and enforced within ADGM only
  • Executory formula not affixed to the order