3. Interpretation

(1) In these Rules —
(a) "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, and "ADGM" is construed accordingly;
(b) "ADGM enactment" means a regulation or rule enacted by the Board;
(c) "ADGM Founding Law" means Law No. (4) of 2013 concerning the Abu Dhabi Global Market, as amended by Law No. (12) of 2020, issued by His Highness the Ruler;
(d) “appellant”, except where the context otherwise requires, means a person who files an application for permission to appeal or who files a notice of appeal;
(e) “Board” means the Board of Directors of the Abu Dhabi Global Market as constituted by Article 4 of the ADGM Founding Law;
(f) “business day” means any day other than a Friday, Saturday or a public holiday;
(g) "certificate of service" means a certificate given under Rule 21;
(h) “claim” includes a petition and any application made before proceedings are commenced or made to commence proceedings;
(i) "claimant" means a person who makes a claim;
(j) “claim form” means any document which initiates proceedings, including a counterclaim;
(k) “the Companies Regulations” means the Companies Regulations 2015;
(l) “the Court” means the Court of First Instance or the Court of Appeal, as the context requires;
(m) “the Courts” means the ADGM Courts;
(n) “Court officer” means a member of the Court staff but does not include a Judge of the Courts;
(o) “defendant” means a person against whom a claim is made;
(p) “eCourts Platform” means the ADGM Courts electronic filing and case management systems;
(q) “electronic means” means CD ROMs, memory sticks, clouds, e-mail, facsimile, or any other means of electronic communication of the contents of documents;
(r) “Emirate” means the Emirate of Abu Dhabi;
(s) “file” and “filing”, in relation to a document, means filing in the registry in accordance with Rule 13, and related expressions have corresponding meanings;
(t) “form” and the “form prescribed” have the meanings given by Rule 5;
(u) “Judge” means, as the context requires, the Chief Justice, Registrar, Justice of Appeal or Justice of First Instance;
(v) “the jurisdiction” means, unless the context otherwise requires or provides, Abu Dhabi Global Market;
(w) “lawyer” means someone who is authorised to practice law in any jurisdiction by the body authorised to regulate the admission, licensing and conduct of lawyers in that jurisdiction;
(x) “legal representative” means a lawyer or lawyer’s employee who has been instructed to act for a party in relation to proceedings;
(y) “month”, where it occurs in any ADGM enactment, rule, practice direction, judgment, order, direction or other document, means a Gregorian calendar month;
(z) “original court” in relation to any judgment means the recognised court which gave the judgment;
(aa) “party” means a claimant, defendant, applicant, respondent, appellant and a person who has been given permission to intervene under Part 7 of these Rules;
(bb) “person” means any natural or legal person as the context requires;
(cc) “public holiday” means New Year’s Day, Al-Mawlid Al Nabawi, Israa & Miaraj Night, Start of Ramadan, Eid Al Fitr, Arafat (Haj) Day, Eid Al Adha, Hijri New Year’s Day, UAE National Day and any other day declared by the Emirate to be a public holiday;
(dd) “Registrar” means the Registrar and Chief Executive of the ADGM Courts;
(ee) “registration” means registration under sections 172 to 176 of the Regulations, the expressions "register" and "registered" shall be construed accordingly;
(ff) “registry” means the office of the ADGM Courts;
(gg) “the Regulations” means, unless the context otherwise requires or provides, the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015;
(hh) “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses;
(ii) “right to conduct litigation” means the right to issue proceedings before any court in any jurisdiction, to commence, prosecute and defend such proceedings and to perform any ancillary functions in relation to such proceedings;
(jj) “serve” and “service”, in relation to a document, mean service according to the methods set out in Part 4 of these Rules, and related expressions have corresponding meanings;
(kk) “statement of case” means a claim form, a defence, a claim under the Rule 30 procedure, or a reply to defence, and includes any further information given in relation to them voluntarily or by Court order in accordance with Rule 54;
(ll) “summary judgment” is to be interpreted in accordance with Part 9 of these Rules.
(2) References in these Rules to a practice direction means a practice direction issued by the Chief Justice.
(3) References in these Rules or in any practice direction or in any form to a party’s signing, filing or serving any document or taking any other procedural step include the signature,filing or service of that document or the taking of such other procedural step by the party’s lawyer.
(4) Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.
(5) Where any of these Rules or any practice direction requires or permits the Court to perform an act of a formal or administrative character, that act may be performed by a Court officer.
(6) Any term that is not defined in these Rules has the same meaning as that attributed to it in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015.
Amended on June 1 2017
Amended on July 9 2020
Amended on November 2 2020