Global Compliance

ADGM Civil Cases – Disclosing Documents

Introduction

Abu Dhabi Global Market is a broad based international financial centre for local, regional and international institutions, is regulated by Independent Legal and Regulatory Framework in order to grow and develop the economy of UAE.

Abu Dhabi Global Marked was established as Financial Free Zone by several of Federal and Abu Dhabi Laws, such as Federal Law No (8) of 2004, Federal Decree No (15) of 2013, Cabinet Resolution No (4) of 2013, and Abu Dhabi Law No (4) of 2013.

Abu Dhabi Global Market has three authorities; the Registration Authority, the Financial Services Regulatory Authority (FSRA) and ADGM Courts.

Abu Dhabi Global Market Courts are regulated by ADGM Procedure Rules that were issued in 2016 and their amendments; Amendment Number 1 of 2017 and Amendment Number 2 of 2017

Documentation Requirements

Order for disclosure

In order to disclose documents to ADGM Courts, a party must submit a disclosure statement to the court, as mentioned in ADGM Court Procedure Rules Part 13 article 85/2.

Courts have the right to make order disclosure of documents, if they see that it is relevant to the case at any time before or after proceedings. Part 13, article 86

As mentioned in Part 13 article 86, there are more than one type of disclosure; the standard disclosure which require the party to disclose all documents in his possession that he relies on in his claim/ defence except the document that were already submitted by the other party. Furthermore, there are other types that we will discuss in details such as disclosure orders against parties, disclosure orders against person who is not a party.

Duties where disclosure required

A party requested to disclose documents is required to make a reasonable search for documents in his possession or under his control, within the time appointed by the Court. Part 13 article 89.

Disclosure Request by a party

A party who request another party to disclose documents must identify such document in details, and state that it supports his claim or defence and necessary to resolve the case. This request must be submitted as an application notice to the Court. Part 13 article 86 and 87.

Disclosure of Documents by a party Obligations

First of all a part who is requested to disclose documents should make reasonable search for such documents, search of documents considered reasonable depending on the following factors:

1. The number of documents he is searching for;

2. The complicity of proceedings;

3. The expenses ease of obtaining these documents;

4. The importance of document. Part 31 article 86 and 87.

Disclosure Order against a person not a party

As we previously mentioned, there might be a disclosure order of documents against a person who is not a party in the case. There is requirements in order to request a person who is not a party, to disclose documents as follows:

• It must be supported by evidence;
• The documents support the requesting party case or affect the case;
• It must be necessary to resolve the case fairly. As mentioned in article. part 13 article 88.

Right of inspection

A party may inspect any document was mentioned in his opponent statement and his possession or under his control. Furthermore a party who requested to disclose a document may inspect the document or its copy if it’s no longer in his possession. Although a party is allowed to withhold the document that is requested to disclose if it was privileged document for example, without permitting an inspection he must mention in his disclosure statement why he has the right to withhold inspection and to prove it. Part 31 article 90.

Usage of disclosed Documents

Documents which are disclosed to ADGM Courts can only be used in proceedings purposes. Part 13 article 89.

Failure to disclose or to permit inspection

If a party fails to disclose documents he will not be able to rely on it in the proceedings, besides if a party did not permit an inspection he cannot rely on the document also. Part 13 article 91.

False statement or disclosure

A penalty will be imposed on parties who disclose false documents, statement or breach of judgement. Part 31 article 293.

Glossary

• ADGM Court Procedure Rules 2016.
• Amendment Number 1 of 2017 of ADGM Court Procedure Rules 2016
• Amendment Number 2 of 2017 of ADGM Court Procedure Rules 2016
• ADGM: Abu Dhabi Global Market.
• Document: anything in which information of any description is recorded, Including electronic documents such as email and other electronic communications