227. Interpretation

(1) In these Regulations, unless the context otherwise requires, or unless otherwise provided —
"Abu Dhabi Global Market" means the financial free zone established by Federal Decree No. (15) of 2013 issued by the President of the United Arab Emirates, as delimited by Resolution No. (4) of 2013 of the Cabinet of the United Arab Emirates and as governed by the ADGM Founding Law;

"action" means any proceedings commenced in any manner prescribed by court procedure rules;

"ADGM enactment" means ADGM regulations and any rules made under ADGM regulations, including court procedure rules;

"ADGM Founding Law" means Law No. (4) of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler;

"ADGM regulations" means regulations enacted by the Board under Article 6(1) of the ADGM Founding Law;

"advocacy services" means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings to provide;

"appeal", includes —
(a) an application for a new trial; and
(b) an application —
(i) to the Court of Appeal to set aside a verdict, finding or judgment in any cause or matter in the Court of First Instance which has been tried or in which any issue has been tried; or
(ii) to the Court of First Instance to set aside a verdict, finding or judgment in any cause or matter in an inferior court or tribunal which has been tried or in which any issue has been tried;
"Applicable Abu Dhabi Law" means a law issued after the date of enactment of these Regulations by His Highness the Ruler of the Emirate of Abu Dhabi which expressly provides for the law to have application in the Abu Dhabi Global Market, including any rules, regulations, orders, resolutions or similar measures adopted pursuant to such law;

"arbitration agreement" has the same meaning as it has in the Arbitration Regulations 2015;

"Board" means the Board of Directors of the Abu Dhabi Global Market as constituted by Article 4 of the ADGM Founding Law;

"cause" means any action;

"charging order" means an order under section 115(1);

"Chief Justice" means the Chief Justice of the Abu Dhabi Global Market Courts appointed under Article 13(2) of the ADGM Founding Law;

"civil proceedings" has the meaning given by section 80 and includes, in addition to civil proceedings in any of the ordinary court of law —
(a) civil proceedings before any other tribunal, being proceedings in relation to which the strict rules of evidence apply;
(b) an arbitration or reference, whether under an enactment or not, but does not include civil proceedings in relation to which the strict rules of evidence do not apply;
"Court", where it appears with a capital letter, means any of the Courts established pursuant to Article 10 of the ADGM Founding Law, except where otherwise provided;

"Court of Appeal" means the Court of Appeal in the Abu Dhabi Global Market;

"Court of First Instance" means the Court of First Instance in the Abu Dhabi Global Market;

"court procedure rules" means rules made under Part 7 of these Regulations;

"debtor" and "creditor" have the meanings given by section 115(1);

"dividend" includes a distribution in respect of any unit of a unit trust;

"Division", where it appears with a capital letter, means a division of the Court of Appeal or the Court of First Instance;

"document" means anything in which information of any description is recorded, and "copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

"Emirate" means the Emirate of Abu Dhabi;

"Executive Council" means the Executive Council of the Emirate;

"fine" means a civil penalty by way of a fine;

"functions" includes powers and duties;

"Global Market's Authority" has the meaning given under Articles 1 and 10 of the ADGM Founding Law;

"government stock" means any stock issued by the Federal Government of the United Arab Emirates, His Highness' government in the Abu Dhabi Global Market or the Emirate;

"hearsay" shall be construed in accordance with section 55(2);

"His Highness the Ruler" means the ruler of the Emirate from time to time and "His Highness" and "the Ruler" shall be construed accordingly;

"inferior court" means any Court or tribunal established within the Abu Dhabi Global Market, other than the Court of Appeal or the Court of First Instance, that is not a superior court of record;

"information" means information in any form;

"information discloser", in relation to an information order, has the meaning given by section 162(1)(a);

"information order" has the meaning given by section 162;

"Judge" means a Judge of the ADGM Courts;

"Judge of the ADGM Courts" means, as the context requires, the Chief Justice, Justice of Appeal or Justice of First Instance and includes, as necessary, temporary and Associate Judges of the Court of First Instance;

"judgment" includes a decree and means any judgment, decision or order given or made by a Court in any civil proceedings;

"judgment creditor" means the person in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

"judgment debt" means either of the following —
(a) a sum which is payable under a judgment or order enforceable by the Court of First Instance; or
(b) a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the Court of First Instance (including a sum which is so recoverable because a Court so orders);
"judgment debtor" means the person against whom the judgment was given and includes any person against whom the judgment is unenforceable under the law of the original country;

"judicial office" means any Judge of the ADGM Courts and "judicial office holder" shall be construed accordingly;

"jurisdiction" includes powers;

"lease" has the meaning in section 129 (subject to section 139(4));

"litigation services" means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;

"mandatory order" means a command issuing from the Court of First Instance, directed to any person, body corporate or unincorporated, inferior court or tribunal, public authority or body requiring him or them to do some particular thing specified in it;

"matter" means any proceedings in Court not in a cause;

"notice of enforcement" means notice under paragraph 7 of Schedule 1;

"oath" includes "affirmation" and "declaration";

"office" includes a position of any description;

"official referees' business" has the meaning given by section 107(6);

"oral evidence" includes evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs;

"the original statement", in relation to hearsay evidence, means the underlying statement (if any) by —
(a) in the case of evidence of fact, a person having personal knowledge of that fact; or
(b) in the case of evidence of opinion, the person whose opinion it is;
"party", in relation to any proceedings, includes any person who pursuant to or by virtue of court procedure rules or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

"practice directions" means directions as to the practice and procedure of any Court within the scope of court procedure rules, including ADGM Court Procedure Rules;

"prescribed" means, except in relation to rules, prescribed by court procedure rules;

"proceedings" has the meaning given by section 99(2) and includes civil proceedings;

"prohibiting order" means an order issuing out of the Court of First Instance and directed to an inferior court or public authority or body which forbids that court or authority or body to act in excess of its jurisdiction or contrary to law;

"quashing order" means an order of the Court of First Instance by which decisions of an inferior Court or tribunal or public authority or body may be quashed;

"Registrar" means the Registrar and Chief Executive of the Abu Dhabi Global Market Courts;

"right of audience" means the right to appear before and address a court including the right to call and examine witnesses;

"right to conduct litigation" means the right —
(a) to issue proceedings before any court;
(b) to commence, prosecute and defend such proceedings; and
(c) to perform any ancillary functions in relation to proceedings (such as entering appearances to actions);
"rules" means any rules made under these Regulations by the Board or the Chief Justice in accordance with section 228;

"Schedule" means a schedule to these Regulations;

"statement" means any representation of fact or opinion, however made;

"stock" includes shares, debentures and any securities of the body concerned, whether or not constituting a charge on the assets of that body;

"superior court of record" means the Court of Appeal and/or the Court of First Instance, individually and together;

"tenant", in relation to a lease, means the tenant for the time being under the lease;

"unit trust" means any trust established for the purpose, or having the effect, of providing, for persons having funds available for investment, facilities for the participation by them, as beneficiaries under the trust, in any profits or income arising from the acquisition, holding, management or disposal of any property whatsoever;

"writ of attendance" means a court summons that orders a person to appear before the Court in person and give oral testimony for use at a hearing or a trial;

"writ of control" means an order that commands an enforcement agent to take control and sell enough of a debtor's goods in order to obtain the funds to satisfy a money judgment;

"writ of delivery" means an order that commands an enforcement agent to seize and recover specific goods from a debtor;

"writ of execution" means a writ of control, a writ of delivery or a writ of possession;

"writ of possession" means an order for the recovery of real property after an order for possession has been awarded by the Court;

"writ of production" means a court summons that orders a person to appear before the Court in person and produce documentary or other tangible evidence for use at a hearing or a trial;

"writing" means 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;
(2) Any reference in these Regulations to court procedure rules includes a reference under any provision of these Regulations or any other ADGM enactment which confers power to make court procedure rules.
(3) Any power conferred by these Regulations to make ADGM enactments includes the power to revoke or vary any such ADGM enactments by subsequent ADGM enactments.
(4) Nothing in these Regulations shall be construed as enabling any Court to make an order that is binding on His Highness or any person in his capacity as an officer or servant of His Highness.
(5) For the purposes of sections 115 and 117, references to a judgment or order of the Court of First Instance shall be taken to include references to a judgment, order, decree or award (howsoever called) of any court or arbitrator (including any foreign court or arbitrator) which is or has become enforceable (whether wholly or to a limited extent) as if it were a judgment or order of the Court of First Instance.
(6) Nothing in these Regulations shall affect the operation of any enactment which provides (in whatever words) that any answer of evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described).

In this subsection, the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making disclosure (discovery), producing documents or otherwise.
(7) Nothing in these Regulations affects —
(a) any power of a Court, in any legal proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion; or
(b) the operation of any agreement (whenever made) between the parties to any legal proceedings as to the evidence which is to be admissible (whether generally or for any particular purpose) in those proceedings.
(8) Where, by reason of any defect of speech or hearing from which he is suffering, a person, called as a witness in any legal proceedings gives his evidence in writing or by signs, that evidence is to be treated for the purposes of these Regulations as being given orally.
(9) The court procedure rules made for the purpose of the application of sections 71 and 73 to proceedings in the Court of First Instance apply, except in so far as their application is excluded by agreement, to proceedings before tribunals other than the ordinary Courts of law, subject to such modifications as may be appropriate. Any question arising as to what modifications are appropriate shall be determined, in default of agreement, by the tribunal.
(10) A Court, the practice and procedure of which is governed by court procedure rules, is referred to in these Regulations as being "within the scope" of the court procedure rules; and references to a Court outside the scope of the court procedure rules are to be read accordingly.
(11) Any reference to information held on behalf of an information discloser includes a reference to any information which —
(a) is held by a person who provides services to the information discloser; and
(b) is held by that person in connection with the provision of those services.
(12) For the purposes of these Regulations, the forms and ceremonies used in administering an oath are immaterial, if the Court or person before whom the oath is taken has power to administer an oath for the purpose of verifying a statement, and if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection, or has declared to be binding on him.
Amended on April 19, 2017