SCHEDULE 1 SCHEDULE 1 Interpretation
1. Rules of interpretation(1) In these Regulations, unless a contrary intention appears, a reference to:(a) a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time;(b) a person includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state;(c) an obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in these Regulations, include publishing or causing to be published in printed or electronic form;(d) a day shall refer to a business day, being a normal working day in the Abu Dhabi Global Market;(e) a calendar year shall mean a year of the Gregorian calendar;(f) a reference to the masculine gender includes the feminine and vice versa; and(g) words in the singular shall include the plural and vice versa.(2) The headings in these Regulations shall not affect the interpretation of these Regulations.(3) Where a provision of these Regulations leaves the parties free to determine or agree upon an issue, such freedom includes the right of the parties to authorise a third party, including an arbitration institution or appointing authority, to make a determination on that issue.(4) A reference in these Regulations to a Part, Section or Schedule by number only, and without further identification, is a reference to the Part, Section or Schedule of that number in these Regulations.(5) A reference in a section or other division of these Regulations to a subsection, paragraph, subparagraph or section by number or letter only is a reference to the subsection, paragraph, subparagraph or section of that number or letter contained in the section or other division of these Regulations in which that reference occurs.(6) Unless the context otherwise requires, where these Regulations refer to an enactment, the reference is to that enactment as amended from time to time, and includes a reference to that enactment as extended or applied by or under another enactment, including any other provision of that enactment.(7) References in these Regulations to a writing, filing, instrument or certificate include any mode of communication that preserves a record of the information contained therein and is capable of being reproduced in tangible form, including electronic means.(8) Where a provision of these Regulations refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules, including those of any institution, referred to in that agreement.(9) Where a provision of these Regulations, other than in sections 45(a) and 55(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.(10) A reference in these Regulations to a hearing, argument or a report being conducted or delivered orally includes a remote hearing, argument or report that allows parties to orally present their case by using technological solutions such as telephone, video conference or other communication technology.
2. Legislation in the Abu Dhabi Global Market
References to legislation in these Regulations shall be construed in accordance with the following provisions:(a) Federal Law is law made by the federal government of the United Arab Emirates;(b) Abu Dhabi Law is law made by the Ruler, as applicable in the Emirate of Abu Dhabi; and(c) these Regulations are the Arbitration Regulations 2015 made by the Board.
3. Defined Terms
In these Regulations, unless the context indicates otherwise, the defined terms listed below shall have the corresponding meanings:(a) “Abu Dhabi Global Market” has the meaning given in section 1 of the Interpretation Regulations 2015;(b) “arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties or pursuant to these Regulations;(c) “Board” has the meaning given in section 1 of the Interpretation Regulations 2015;(d) “Confidential Information” means any information relating to:(i) the arbitral proceedings under the arbitration agreement; or(ii) an award made in those arbitral proceedings;(e) “Court” means the Court of First Instance;(f) “court” shall mean any competent court of any State or jurisdiction, including the Court, where applicable;(g) “Court of First Instance” has the meaning given in section 229(1) of the Court Regulations;(h) “Court Regulations” means the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015;(i) “dispute” includes any difference;(j) “hearing” includes a procedural hearing or a case management conference prior to or after the presentation of evidence or oral argument;(k) “legal proceedings” means civil proceedings in the ADGM Courts;(l) “legislation” includes regulations or rules made under legislation;(m) “ADGM Founding Law” means Law No. (4) of 2013 concerning Abu Dhabi Global Market, as amended by Law No. (12) of 2020, issued by His Highness the Ruler;(n) “New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10 June 1958;(o) “New York Convention Award” means an award made, in pursuance of an arbitration agreement, in the territory of a state which is a signatory to the New York Convention (other than the UAE). An award shall be treated as made at the seat of the arbitration, regardless of where it was signed, despatched or delivered to any of the parties;(p) “Party Representative” means any person, including an employee of a party, who appears in an arbitration on behalf of a party and makes submissions, arguments or representations to the arbitral tribunal on behalf of such party (other than as a witness or expert), whether or not they hold a legal qualification or are admitted to practice law in any jurisdiction;(q) “seat” means the juridical seat of the arbitration designated (a) by the parties to the arbitration agreement, or (b) by any arbitral or other institution or person vested by the parties with powers in that regard, or (c) by the arbitral tribunal;(r) “these Regulations” means the Arbitration Regulations 2015 issued by the Board of Directors of the Abu Dhabi Global Market, as amended in December 2020;(s) “Ruler” means the ruler of the Emirate of Abu Dhabi;(t) “third party funding agreement” means an agreement under which a person (“the funder”) agrees to fund (directly or indirectly and in whole or in part) the provision of advocacy or litigation services (by a person other than the funder) to a party in return for a sum payable by the party in specified circumstances; and(u) “UAE” means the United Arab Emirates.