Jurisdiction(s):
United Kingdom

ADGM CFI award enforcement: no stay absent real s 68 challenge; freezing order disclosure usable; intra‑group receivable supports third party debt order

Published on: 08 April 2026

Published by a LexisNexis Arbitration expert

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Article summary

A17-D17 [2026] ADGMCFI 0008 What are the practical implications of this case?

The ruling has significance in three principal respects. First, it makes clear that an award debtor cannot secure a stay in the ADGM merely by claiming an intention to contest the award at the seat. There must be an actual application, a cogent account for any delay, and a genuine chance both of winning any extension of time and of prevailing on the merits. That point matters for enforcement planning: a bare threat of a s 68 challenge in England is, by itself, unlikely to halt ADGM enforcement. Second, the judgment offers important guidance on confidentiality and the permissible use of information. Smith J regarded post-award enforcement as sufficiently linked to ‘this claim’ for the purposes of an information undertaking in a worldwide freezing order, permitting use of that material without express court permission. The court approved the approach in Gidrxslme Shipping Co Ltd v Tantomar-Transportes Maritimos LDA [1995] 1 WLR 299 and Vitol SA v Capri Marine Ltd [2010] EWHC 458. Even so, seeking express permission remains the prudent route to minimise the risk of a later challenge...

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