20 years in Abu Dhabi | Episode 4 | The ADGM courts and offshore jurisdiction

In this episode of our Abu Dhabi 20 year anniversary podcast series, we turn to the offshore court system and the jurisdiction of the Abu Dhabi Global Market, or ADGM, and consider how it has reshaped dispute resolution in the emirate.

Keith Hutchison, partner in our Abu Dhabi office, continues the Abu Dhabi dispute resolution discussion with Alfred Thornton and Jennifer Eakins as they explore the origins of the ADGM courts, from the constitutional changes that enabled financial free zones to the establishment of the ADGM in 2015 and the introduction of its court rules shortly afterwards. The panel reflects on the strategic thinking behind the ADGM’s development and what it was designed to achieve for Abu Dhabi as an international financial centre.

A central focus of the episode is the ADGM’s distinctive legal framework, including the wholesale adoption of English common law and selected English statutes. The conversation explains why this approach was taken, how it differs from other regional financial centres, and why it has proved attractive to international businesses and financial services institutions.

As the panel also looks at the relationship between the ADGM courts and the onshore Abu Dhabi courts, they discuss the emphasis on cooperation rather than competition, the memoranda of understanding that underpin that relationship, and how jurisdictional issues such as opt in clauses and enforcement have been addressed as the system has evolved.

Drawing on practical experience, the episode highlights how the ADGM courts operate in practice, including their highly digital case management platform, remote hearings and responsive registry. The panel also considers how the courts have approached complex issues such as insolvency, arbitration support and the potential for future jurisdictional conflicts as onshore and offshore systems continue to develop in parallel.

For businesses choosing governing law and jurisdiction in the region, this episode provides valuable insight into why the ADGM courts have become an increasingly prominent and credible option, and what that means when navigating risk in Abu Dhabi.

This episode is the second in a three part mini series on dispute resolution, focusing on the offshore courts. Other episodes explore the onshore courts, as well as arbitration and mediation.

Listen to the full episode to hear first hand perspectives from our Abu Dhabi and Dubai disputes team, and gain a clearer view of how the onshore courts support successful risk navigation in the region.