• PART 8 PART 8 — Judicial And Other Appointments

    • 192. Judicial appointments: "judicial-appointment eligibility condition"

      (1) Subsections (2) and (3) apply for the purposes of any statutory provision that refers to a person who satisfies the judicial-appointment eligibility condition.
      (2) A person satisfies that condition if he has a relevant qualification.
      (3) Subject to section 193, a person has a relevant qualification if he is or has been a lawyer for a continuous period of at least 10 years.
      (4) In this section "lawyer" means someone who is authorised to practice law in any jurisdiction by the body authorised to regulate the admittance, licensing and conduct of lawyers in that jurisdiction.
      (5) A person shall be taken to become a lawyer when that person's name is entered for the first time on the roll or register kept by the body referred to in subsection (4).

    • 193. "Relevant qualification" in section 192: further provision

      (1) The Board, on the recommendation of the Chief Justice, may by order provide for the qualification specified in the order to be a relevant qualification for the purposes of section 192(1) in relation to an office or other position specified in the order.
      (2) An order under subsection (1) may, in relation to the qualification specified in the order, include provision as to when a person who holds that qualification is, for the purposes of section 192, to be taken first to have held it.
      (3) The Board may by order make provision supplementing or amending section 192(5).
      (4) No order may be made under this section unless a draft of it has been provided to, and approved by, the Chief Justice.
      (5) The Chief Justice may nominate a judicial office holder to exercise his function under subsection (4).

    • 194. Assisting the transaction of judicial business

      (1) A person within any entry of column 1 of the following Table may at any time, at the request of the appropriate authority, act as a Judge of a relevant Court specified in the request.

      TABLE

      1 Judge or ex-Judge 2 Where competent to act on request
      1. A Justice of Appeal. The Court of First Instance.
      2. A person who has been a Justice of Appeal. The Court of Appeal and the Court of First Instance.
      3. A Justice of First Instance. The Court of Appeal.
      4. A person who has been a Justice of First Instance. The Court of Appeal and the Court of First Instance.
      (2) In subsection (1) —
      (a) "appropriate authority" means the Chief Justice or a judicial office holder nominated by him to exercise his functions under this section;
      (b) "relevant Court", in the case of a person entered in column 1 of the Table, means a Court specified in relation to that entry in column 2 of the Table.
      (3) The appropriate authority may make a request under subsection (1) only after nominating that person to, and obtaining the agreement of, the Board.
      (4) If it appears to the Chief Justice, after consulting the Chairman of the Board, that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the Court of First Instance, he may appoint a person qualified for appointment as a Judge of the ADGM Courts to be a temporary Judge of the Court of First Instance during such period or on such occasions as the Chief Justice may, after consulting the Chairman of the Board, think fit.
      (5) A person appointed under subsection (4) is to hold and vacate office as a temporary Judge of the Court of First Instance in accordance with the terms of the person's appointment, which are to be such as the Chief Justice, with the agreement of the Chairman of the Board, may determine.
      (6) If it appears to the Chief Justice, after consulting the Chairman of the Board, that it is expedient to make an appointment under this subsection in order to facilitate the disposal of business in the Court of First Instance, he may appoint a person qualified for appointment as a Judge of the ADGM Courts to be an Associate Judge of the Court of First Instance.
      (7) A person appointed under subsection (6) is to hold and vacate office as an Associate Judge of the Court of First Instance in accordance with the terms of the person's appointment, which are to be such as the Chief Justice, with the agreement of the Chairman of the Board, may determine.
      (8) Every person while acting under this section shall be treated for all purposes as, and accordingly may perform any of the functions of, a Judge of the ADGM Court in which he is acting.
      (9) A person shall by virtue of subsection (8) —
      (a) be treated as a Judge of the ADGM Court in which he is acting for the purposes of any statutory provision relating to —
      (i) the appointment and tenure of office of, and the affirmation to be taken by, Judges of that Court;
      (ii) the remuneration and allowances of such Judges; and
      (b) be treated as having been a Judge of an ADGM Court in which he has acted only under this section.
      (10) Such remuneration and allowances as the Chief Justice may, with the concurrence of the Board, determine may be paid out of money provided by the Abu Dhabi Global Market —
      (a) to any person who has been a Justice of Appeal or a Justice of First Instance, and is by virtue of subsection (1) acting as mentioned in that subsection;
      (b) to any temporary or Associate Judge of the Court of First Instance appointed under subsection (4) or (6) (as the case may be).
      (11) A person may be removed from office as an Associate Judge of the Court of First Instance only by the Chief Justice; and then only on —
      (a) the ground of inability or misbehaviour; or
      (b) a ground specified in the person's terms of appointment.
      (12) The Chief Justice may nominate a judicial office holder to exercise functions of the Chief Justice under this section.

    • 195. Appointment of Chief Justice, Registrar and Judges of the ADGM Courts

      (1) Whenever the office of Chief Justice is vacant, the Board must appoint a qualified person to that office; and such appointment shall become effective upon the expiry of 15 days after notifying the Chairman of the Judicial Department of it and receiving no objections thereto.
      (2) Subsections (3) and (4) apply to an appointment or to a nomination to appoint a person to the office of Registrar.
      (3) The Chief Justice must nominate a person to the Board to fill any vacancy in the office of Registrar; and the Board must fill any such vacancy.
      (4) Where there is a vacancy in the office of the Registrar and the office of the Chief Justice is concurrently unfilled, the responsibility to make a nomination to the Board for the purposes of subsection (3) falls to the next most senior ranking Judge of the ADGM Courts whose office is filled.
      (5) Subsections (6) to (10) apply to a nomination for an appointment as a Judge of the ADGM Courts.
      (6) Subject to subsection (7), the Chief Justice must nominate a person to the Board to fill any vacancy in the office of Judge of the ADGM Courts.
      (7) Subsection (6) does not apply to a vacancy while the Chief Justice agrees that it may remain unfilled.
      (8) Where there is a vacancy in the office of Judge of the ADGM Courts and the office of the Chief Justice is concurrently unfilled, the responsibility to make a nomination to the Board for the purposes of subsection (6) falls to the next most senior ranking Judge of the ADGM Courts whose office is filled.
      (9) The Board may request the Chief Justice to consider a person for nomination for appointment as a Judge of the ADGM Courts.
      (10) A request made under subsection (9) may relate to more than one nomination.
      (11) Following nomination by the Chief Justice, the person who has been nominated shall be appointed to the office of Judge of the ADGM Courts by the Board.
      (12) No person shall be qualified for appointment as Chief Justice or as a Judge of the ADGM Courts unless he satisfies the judicial-appointment eligibility condition.
      (13) A person appointed to the office of Chief Justice or as a Judge of the ADGM Courts shall take the required judicial affirmation as soon as may be possible after accepting office.
      (14) In the case of a person appointed to the office of Chief Justice, the required judicial affirmation is to be taken in the presence of the Chairman of the Board.
      (15) In the case of a person appointed other than to the office of Chief Justice, the required judicial affirmation is to be taken in the presence of the Chief Justice or a judicial office holder nominated by him for this purpose.
      (16) In this section "required judicial affirmation" means the judicial affirmation as set out in section 203.
      (17) Any appointment or nomination for appointment for a judicial office pursuant to Article 13 of the ADGM Founding Law or under this Part 8 must be solely on merit.
      (18) A person must not be appointed, or nominated for appointment to any judicial office pursuant to Article 13 of the ADGM Founding Law or under this Part 8 unless the person or persons making the appointment or nomination to appoint is satisfied that he is of good character.

    • 196. Tenure of office of Judges of the ADGM Courts

      (1) This section applies to the office of any Judge of the ADGM Courts.
      (2) A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by the Board on the recommendation of the Chief Justice.
      (3) It is for the Chief Justice alone to recommend to the Board the exercise of the power of removal under subsection (2).
      (4) A Judge of the ADGM Courts shall vacate that office on becoming Chief Justice.
      (5) A person who holds an office to which this section applies may at any time resign it by giving the Board and the Chief Justice notice in writing to that effect.
      (6) The Board, if satisfied by means of a medical certificate that a person holding an office to which this section applies is disabled by permanent infirmity from the performance of the duties of his office, may, subject to subsection (7), declare that person's office to have been vacated; and the Board's declaration shall have like effect for all purposes as if that person had on the date of the declaration resigned his office.
      (7) A declaration under subsection (6) with respect to a person shall be of no effect unless it is made —
      (a) in the case of either of the Chief Justice or the Registrar, with the concurrence of the other of them;
      (b) in the case of a Judge of the ADGM Courts, with the concurrence of the Chief Justice.
      (8) Where subsection (7) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, only the concurrence of the holders of such of the appropriate offices as are not vacant is required for the purposes of a declaration under subsection (6) to have effect under subsection (7).

    • 197. Remuneration etc. of Judges of the ADGM Courts

      (1) Subject to Article 13(3) of the ADGM Founding Law and to subsection (2), there shall be paid to Judges of the ADGM Courts such remuneration and expenses as may be determined by the Board with the concurrence of the Chief Justice.
      (2) Any remuneration or expense payable under this section may be increased, but not reduced, by a determination or further determination under this section.
      (3) Remuneration or expenses payable under this section shall be charged upon and payable out of funds provided by the Abu Dhabi Global Market.
      (4) There shall be paid out of money provided by the Abu Dhabi Global Market to any Judge of the ADGM Courts, in addition to his remuneration or expenses, such allowances as may be determined by the Board with the concurrence of the Chief Justice.

    • 198. Precedence and seniority of Judges of the ADGM Courts.

      (1) The Chief Justice is a member of the judiciary and of the Courts.
      (2) When sitting in the Court of Appeal, the Justices of Appeal shall rank after the Chief Justice and, among themselves, according to the priority of the dates on which they respectively became Judges of the ADGM Court, or if two or more of them became Judges of the ADGM Court on the same date, priority shall be determined according to the date when each Judge became a judge of his national or State (as the case may be) court of first instance.
      (3) When sitting in the Court of First Instance, the Justices of First Instance shall rank next after the Justices of Appeal and, among themselves, according to the priority of the dates on which they respectively became Judges of the ADGM Courts, or if two or more of them became Judges of the ADGM Court on the same date, priority shall be determined according to the date when each Judge became a judge of his national or State (as the case may be) court of first instance.
      (4) Subject to subsections (2) and (3), when not sitting in either the Court of Appeal or the Court of First Instance, Judges of the Courts have the same rank, save that seniority shall be according to the dates on which they became Judges of the ADGM Courts.

    • 199. Property held by officers of the Courts

      Any property held in his official capacity by a judicial office holder shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer.

    • 200. Registry

      (1) The Registry of the Courts shall perform such business as the Chief Justice may direct.
      (2) The Chief Justice may nominate a judicial office holder to exercise his functions under this section.

    • 201. Delegation of certain administrative functions of the Registrar

      (1) Where the Registrar is unable to exercise any of his relevant functions, the Chief Justice may appoint a Judge of the ADGM Courts to exercise, on behalf of the Registrar, such of those functions as the Chief Justice considers appropriate.
      (2) Any appointment under this section shall be in writing and shall specify —
      (a) the functions which may be exercised by the appointed Judge; and
      (b) the period for which the appointment is to have effect.
      (3) In this section "relevant functions" means any functions of the Registrar under subsection (4).
      (4) The Registrar shall be responsible for, and have custody of, the records of the Courts and shall have the power to determine where such records (or any of them) are for the time being to be deposited.
      (5) The Chief Justice may nominate a judicial office holder to exercise his functions under subsection (1).

    • 202. Delegation of certain administrative functions of the Chief Justice

      (1) Where the Chief Justice expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint the Registrar or any judicial office holder to act as his deputy and to exercise those functions on his behalf.
      (2) Where the Chief Justice considers that it would be inappropriate for him to exercise any such relevant functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint the Registrar or a judicial office holder to act as his deputy and to exercise those functions on his behalf.
      (3) Any appointment under this section shall be in writing and shall specify —
      (a) the functions which may be exercised by the deputy Chief Justice; and
      (b) the period for which the appointment is to have effect.
      (4) In this section "relevant functions" means any functions of the Chief Justice under these Regulations.

    • 203. Form of judicial affirmation

      The affirmation in these Regulations referred to as the judicial affirmation shall be as follows —

      "I,.................., do solemnly, sincerely and truly declare and affirm that I will well and truly serve His Highness Sheikh Khalifa Bin Zayed Al Nahyan, the Ruler of the Emirate of Abu Dhabi, and the Board of Directors of the Abu Dhabi Global Market in the office of........................... of the Abu Dhabi Global Market Courts, and I will do right to all manner of people after the laws, regulations and usages of the Abu Dhabi Global Market, without fear or favour, affection or ill will."

    • 204. Persons to take the judicial affirmation

      (1) The judicial affirmation shall be taken by each of the officers listed —
      (a) in section 194(4) (appointment of temporary Judges of the Court of First Instance);
      (b) in section 194(6) (appointment of associate Judges of the Court of First Instance);
      (c) in section 195(13) (appointment of Judges of the Courts).
      (2) A person referred to in subsection (1) shall not be prevented from taking office, nor shall any of his acts performed in accordance with his duties under the terms of his appointment be declared invalid, void or ultra vires, merely because the person has yet to take the judicial affirmation.

    • 205. Name of His Highness for time being to be used in the judicial affirmation

      Where in the judicial affirmation the name of His Highness is expressed, the name of the Ruler of the Emirate for the time being shall be substituted from time to time.

    • 206. Functions of the Chief Justice during vacancy or incapacity

      (1) This section applies during any period when —
      (a) the office of Chief Justice is vacant; or
      (b) the Chief Justice is incapacitated.
      (2) During such a period —
      (a) any function of the Chief Justice may be exercised by the most senior Judge who is in the Abu Dhabi Global Market and is able and willing to exercise those functions;
      (b) anything which falls to be done in relation to the Chief Justice may be done in relation to the most senior Judge.
      (3) For the purposes of this section —
      (a) the Chief Justice is to be regarded as incapacitated only in accordance with sections 196(6) and (7)(a);
      (b) in such a case, the Chief Justice is to be regarded as incapacitated until the Board is satisfied by means of a medical certificate declaring that he is no longer incapacitated.
      (4) In this section —
      (a) "incapacitated", in relation to the Chief Justice, means unable to exercise the functions of that office;
      (b) "most senior Judge" shall be construed in accordance with section 198(4).

    • 207. Transfer, modification or abolition of functions by order

      (1) The Board may by order make provision for any of these purposes —
      (a) to transfer an existing function of the Chief Justice to another person;
      (b) to direct that an existing function of the Chief Justice is to be exercisable concurrently with another person;
      (c) to direct that an existing function of the Chief Justice exercisable concurrently with another person is to cease to be exercisable by the Chief Justice;
      (d) to modify an existing function of the Chief Justice;
      (e) to abolish an existing function of the Chief Justice.
      (2) An order under subsection (1) may in particular —
      (a) amend or repeal any ADGM enactment;
      (b) include —
      (i) any supplementary, incidental or consequential provision; and
      (ii) any transitory, transitional or saving provision,
      which the Board considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, a provision made under subsection (1).
      (3) The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of the ADGM Founding Law or of these Regulations.

    • 208. Transfer: supplementary

      (1) This section applies where a function of the Chief Justice is transferred to another person ("the transferee") by any provision of these Regulations or of an order under section 207 ("the amending provision").
      (2) The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Chief Justice before the commencement of the amending provision.
      (3) So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of these Regulations, as if —
      (a) a reference to the Chief Justice were a reference to the transferee;
      (b) a reference to the Chief Justice's Office were a reference to the office of the transferee;
      (c) a reference to an officer of the Chief Justice were a reference to an officer of the transferee.
      (4) Anything done by or in relation to the Chief Justice in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.
      (5) Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Chief Justice, his Office or an officer of his.
      (6) For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his office or an officer of his.

    • 209. Registrar

      (1) The Courts shall have a Registrar.
      (2) It is for the Board to appoint the Registrar.
      (3) The Board may not appoint a person to the office of Registrar without first consulting with, and securing the agreement of, the Chief Justice.
      (4) The Board and the Chief Justice may delegate to the Registrar any of the non-judicial functions of the Courts.
      (5) The Registrar must carry out his functions (whether under subsection (4) or otherwise) in accordance with any directions given by the Board or the Chief Justice.

    • 210. Officers and staff

      (1) It is for the Registrar to appoint officers and staff of the Courts.
      (2) It is for the Registrar to determine the following matters —
      (a) the number of officers and staff of the Courts;
      (b) subject to subsection (3), the terms on which officers and staff are to be appointed.
      (3) Service as the Registrar, and service as an officer or staff appointed under subsection (1), is service in the service of the Abu Dhabi Global Market.
      (4) In this section "officers and staff of the Courts" means a person other than a Judge, Registrar, clerk or secretary of the Courts.

    • 211. Accommodation, facilities and other resources

      (1) The Board must ensure that the Courts are provided with the following —
      (a) such court-houses, offices and other accommodation as the Board thinks, after consulting the Chief Justice, are appropriate for the Courts to carry out their business;
      (b) such other resources as the Board thinks, after consulting the Chief Justice, are appropriate for the Courts to carry out their business, including for the security of the Courts.
      (2) The Board may discharge the duty under subsection (1) by —
      (a) providing accommodation or other resources; or
      (b) entering into arrangements with any other person for the provision of accommodation or other resources.
      (3) In this section "court-house" means any place where the Courts sit, including the precincts of any building in which they sit.
      (4) The Registrar must —
      (a) after consulting the Chief Justice, provide such facilities as the Courts may require in order to carry out their business;
      (b) ensure that the Courts' resources are used to provide an efficient and effective system to support the Courts in carrying on their business.

    • 212. Court Security officers

      (1) In this section and section 213, "court building" means any building, room or area —
      (a) where the business of the Courts is carried on; and
      (b) to which the public has access.
      (2) It is for the Registrar to appoint, or arrange for the appointment of or provision of services by, a Court Security Officer for a court building.
      (3) A Court Security Officer is a person who is —
      (a) appointed by the Registrar under section 210(1) or provided under a contract; and
      (b) designated by the Registrar as a Court Security Officer.

    • 213. Rules for the security of the Courts

      (1) The Board may make rules which provide for the security of the Courts, including —
      (a) the powers of Court Security Officers;
      (b) searching of a person, or a person's clothing or belongings;
      (c) the procedures for the surrender or seizure of an article and its return to the person who surrendered it or from whom it was seized;
      (d) the procedures for contacting police officers;
      (e) the restraint of persons in a court building;
      (f) the removal of persons from a court building.
      (2) In subsection (1) "article" includes a —
      (a) knife;
      (b) gun;
      (c) projectile.

    • 214. Disciplinary powers

      (1) Any power of the Board to remove a judicial office holder from a judicial office under this Part is exercisable only after the Board has complied with prescribed procedures (as well as any other requirements to which the power is subject).
      (2) The Chief Justice may exercise any of the following powers but only with the agreement of the Board and only after complying with prescribed procedures.
      (3) The Chief Justice may give a judicial office holder formal or pastoral advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular judicial office holder).
      (4) The Chief Justice may suspend a person from a judicial office for any period if—
      (a) the person has been convicted of a criminal offence;
      (b) it has been determined under prescribed procedures that the person should not be removed from judicial office; and
      (c) it appears to the Chief Justice with the agreement of the Board that the suspension is necessary for maintaining confidence in the Abu Dhabi Global Market judiciary.
      (5) While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).

    • 215. Disciplinary powers: interpretation

      (1) This section has effect for the purposes of section 214.
      (2) A person is subject to criminal proceedings if in any jurisdiction proceedings against him for an offence have begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.
      (3) The times when a person becomes and ceases to be subject to prescribed conditions for the purposes of section 214(4) are such as may be prescribed.

    • 216. Rules about procedures

      (1) The Chief Justice may make rules under these Regulations providing for the procedures that are to be followed in the investigation and determination of allegations by any person of misconduct by judicial office holders.
      (2) Rules made under subsection (1) may include provision as to any of the following —
      (a) circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise);
      (b) steps to be taken by a complainant before a complaint is to be investigated;
      (c) the conduct of an investigation, including steps to be taken by the judicial office holder under investigation or by a complainant or other person;
      (d) time limits for taking any step and procedures for extending time limits;
      (e) persons by whom an investigation or part of an investigation is to be conducted;
      (f) matters to be determined by the Chief Justice, the Board, the judicial office holder under investigation or any other person;
      (g) requirements as to records of investigations;
      (h) requirements as to confidentiality of communications or proceedings;
      (i) requirements as to the publication of information or its provision to any person.
      (3) Rules —
      (a) may require a decision as to the exercise of functions under section 214, or functions mentioned in subsection (2) of that section, to be taken in accordance with findings made pursuant to prescribed procedures;
      (b) may require that prescribed steps be taken by the Chief Justice or the Board in exercising those functions or before exercising them.
      (4) Where rules made under subsection (1) impose any requirement on the judicial office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint) —
      (a) as may be prescribed by the rules; or
      (b) as may be determined by the Chief Justice and the Board or either of them in accordance with provisions so prescribed.
      (5) Rules made under subsection (1) may —
      (a) provide for any prescribed requirement not to apply if the Chief Justice and the Board so agree;
      (b) make provision for different purposes.
      (6) Nothing in this section limits the generality of subsection (1).
      (7) Rules made under this section are to be published in such manner as the Chief Justice may determine with the agreement of the Board.
      (8) Without affecting subsection (7), rules made under this section must be made available to and easily and freely accessible by members of the public.

    • 217. Delegation of functions

      (1) The Chief Justice may nominate a judicial office holder to exercise any of his functions under the relevant sections.
      (2) The relevant sections are —
      (a) section 214(3) to (4);
      (b) section 216(4)(b).

    • 218. Judges holding office in foreign courts

      (1) A judicial office holder may hold judicial office in a relevant foreign court without being required to relinquish the Abu Dhabi Global Market judicial office.
      (2) In this section —
      (a) "Abu Dhabi Global Market judicial office" means the office of —
      (i) Chief Justice;
      (ii) Registrar;
      (iii) Justice of Appeal;
      (iv) Justice of First Instance;
      (v) Associate Judge of the Court of First Instance;
      (vi) temporary Judge of the Court of First Instance;
      (b) "relevant foreign court" means any court established in any jurisdiction, state or territory other than the Abu Dhabi Global Market.
      (3) A holder of an Abu Dhabi Global Market judicial office who also holds judicial office in a relevant foreign court is not required to perform any duties as a holder of the Abu Dhabi Global Market judicial office but does not count as holding the Abu Dhabi Global Market judicial office for the purposes of section 197.