Jurisdiction(s):
United Kingdom

ADGM Court confirms jurisdiction to grant worldwide freezing and Chabra orders supporting arbitral awards, adopts DIFC Carmon principles, and departs from English service and real connecting link requirements

Published on: 13 May 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

A17 V B17 and others; and A18 V B18 and another [2025] ADGMCFI 0001

What are the practical implications of this case?

This decision offers welcome certainty on the ADGM Courts’ jurisdiction to issue worldwide freezing orders (WFOs). Justice Sir Andrew Smith maps the distinctive features of the ADGM legal framework, clarifying the scope of the Court’s injunctive powers and why the direct transposition of certain English law principles is not always appropriate for the ADGM Courts. Against that background, his wholesale endorsement of the DIFC Court of Appeal’s reasoning in Carmon, and his emphasis on the principle of comity between the DIFC and ADGM Courts, will reassure practitioners who practise across these two free zone jurisdictions. At the same time, parties assessing where to enforce an arbitral award will be heartened by the ADGM Courts’ willingness to grant a WFO notwithstanding that neither party is within the jurisdiction and without service of any proceedings there, even where the award debtor’s assets are located outside the ADGM...

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