A step-by-step guide to preparing and presenting a freezing injunction1 application in the ADGM Courts, including procedural requirements, evidence, timelines, and urgent applications.
Worldwide Freezing Orders (WFOs) issued by the Abu Dhabi Global Market (ADGM) Courts have become an increasingly important tool for claimants seeking to preserve assets at risk of dissipation in complex commercial and arbitration-related disputes. Unlike final enforcement measures, a WFO operates at an interim stage, requiring applicants to act swiftly while meeting a demanding procedural and evidentiary standard. The ADGM Courts, drawing on common law principles and codified procedural rules, have developed a structured framework governing the grant of such relief, specifying when it may be granted. Understanding the step-by-step application process, documentation requirements, and disclosure obligations is therefore critical to the success of any freezing order application.
Step-by-Step Application Process in ADGM
An application for a Worldwide Freezing Order in the ADGM is governed primarily by Rule 71 of the ADGM Court Procedure Rules and Practice Direction 7, which together set out the court’s power to grant freezing injunctions and the procedural mechanics for doing so. The process begins with a jurisdictional assessment, followed by the careful selection of the appropriate application route, the preparation of sworn evidence, and the submission of a draft order aligned with the ADGM’s standard form2.
Before filing, applicants must determine whether the freezing relief is sought before substantive proceedings are commenced, during ongoing litigation or arbitration, or in support of foreign proceedings or awards. The ADGM Courts permit applications in all these scenarios, provided the court is satisfied that the order is just and convenient and that there is a real risk of asset dissipation.
Stage 1: Risk Identification & Strategy
The applicant must first establish that it is entitled to the substantive claim and the quantum to the extent for which freezing relief is sought. Once this threshold is met, the process proceeds with identifying a credible risk of asset dissipation, such as sudden asset transfers, corporate restructuring, or offshore movements. At this stage, legal teams assess whether a freezing order is proportionate and whether the ADGM is the appropriate forum, including whether relief should be sought as a standalone application, in support of arbitration, or in aid of foreign proceedings.
Stage 2: Jurisdictional Assessment
The applicant determines the jurisdictional basis for approaching the ADGM Courts.This assessment is critical, as the Court must be satisfied that it has authority under the ADGM Courts Regulations and the ADGM Court Procedure Rules. The applicant determines the jurisdictional basis for approaching the ADGM Courts:
- Existing ADGM proceedings
- Pre-action interim relief
- In support of arbitration (domestic or foreign)
- In aid of foreign litigation or judgments
- This assessment is critical because the court must be satisfied that it has authority under the ADGM Courts Regulations and CPR.
Where relief is sought on a pre-action basis, the applicant is additionally required to give an undertaking to issue substantive proceedings promptly.
Stage 3: Decision on Application Type
A strategic choice is made between:
- Ex parte (without notice)3 – where giving notice would defeat the purpose
- Inter partes (with notice)4 – where urgency is lower or disclosure risk is manageable
This decision directly affects disclosure obligations and hearing timelines.
Stage 4: Evidence Gathering & Affidavit Preparation
t this stage, the applicant assembles the evidentiary foundation necessary to demonstrate a good arguable case, a real risk of asset dissipation, and that the grant of relief would be just and convenient. To that end, the applicant prepares:
- A sworn affidavit (Form CFI 14);
- Asset-related evidence, including banking records, corporate documents, and transactional materials;
- A reasoned explanation of the alleged dissipation risk, supported by objective facts; and
- Full and frank disclosure, including material facts adverse to the application.
The affidavit must clearly and coherently establish each of these elements to satisfy the threshold for interim freezing relief before the ADGM Courts.
Stage 5: Drafting the Freezing Order & Undertakings
A draft Worldwide Freezing Order is prepared using:
- Standard Schedule A format (Form CFI 37)
- Tailored scope (asset caps, disclosure, third parties)
- Cross-undertaking in damages
- Any deviation from the standard form must be justified.
In addition, the applicant must provide a mandatory cross-undertaking in damages, the scope and quantum of which are determined by the Court having regard to the potential prejudice to the defendant and affected third parties. The undertaking operates as a substantive safeguard and may be required to be supported by security or limited to a specified amount, as directed by the Court, to ensure meaningful protection in the event the order is later discharged or found to have caused loss.
Stage 6: Filing the Application
The application is formally filed using:
- Form CFI 12 / 12A / CFI 1 (depending on context)
- Supporting affidavit(s)
- Draft order
- Urgent filings are flagged for expedited listing.
Stage 7: Court Hearing
Ex parte applications are often heard within hours or within 1–2 days, while inter partes applications are typically listed on short notice. At the hearing, the Court assesses the strength of the evidence, the degree of urgency, compliance with the duty of full and frank disclosure, and the scope and proportionality of the relief sought.
Only in cases of exceptional urgency or genuine emergency will the ADGM Courts dispense with notice and entertain immediate ex parte relief, particularly where advance notice would demonstrably defeat the purpose of the application. The Court has emphasised that such cases must satisfy a high threshold, including clear evidence of imminent dissipation and strict adherence to disclosure obligations5.
Stage 8: Grant of WFO & Immediate Compliance
- If granted, the WFO:
- Takes immediate effect
- Binds the respondent personally
- Includes disclosure obligations and asset caps
Stage 9: Service on Respondent & Third Parties
The order and supporting materials are served on:
- Respondent
- Banks, corporate service providers, custodians (if applicable)
- Service may occur inside or outside the UAE.
Strict compliance with service requirements is essential, as failure to properly serve the order may expose a party to contempt proceedings for non-compliance and can undermine the enforceability of the relief.
Stage 10: Return Date / Inter Partes Hearing
The respondent is entitled to apply to vary or discharge the order, or to challenge the Court’s jurisdiction, adequacy of disclosure, or proportionality of relief. The ADGM Courts typically list the return date or inter partes hearing within 7–14 days of the ex parte order. At this hearing, the Court reassesses the order with both parties heard, ensuring that interim relief continues only to the extent justified and proportionate.
Stage 11: Continuation, Variation, or Discharge (Ongoing)
Depending on the outcome:
- WFO continues pending final resolution
- Scope is modified
- The order is discharged
Required Documents and Supporting Affidavits
The evidentiary backbone of any freezing order application is the supporting affidavit, which must be sworn in accordance with Form CFI 14 under Practice Direction 7. This affidavit must do more than assert urgency; it must clearly articulate the applicant’s underlying cause of action, identify the assets sought to be restrained, and demonstrate why interim relief is necessary to prevent dissipation. Documentary evidence such as bank statements, corporate records, transaction trails, and ownership structures should be exhibited wherever available. In addition to the affidavit, applicants must submit a draft freezing order, typically modelled on the standard form provided under Schedule A of Practice Direction 7. Any deviation from the standard wording such as expanded disclosure obligations or third-party restraints must be clearly justified, as the ADGM Courts expect proportionality and precision in interim relief.
Ex Parte vs Inter Partes Applications
The ADGM procedural framework permits without-notice (ex parte) freezing applications only in exceptional circumstances. Under Practice Direction 7, such applications are appropriate where there is genuine urgency or where giving notice would likely defeat the purpose of the order. In such cases, the applicant bears a heightened duty of disclosure and must explain why notice was not feasible.
Inter partes applications, by contrast, allow the respondent an opportunity to be heard before the order is granted. While procedurally safer, this route may be unsuitable where advance notice could enable asset flight. The choice between these two routes is therefore strategic and fact-sensitive, often influenced by the strength of the evidence and the immediacy of the dissipation risk.
Timelines and Urgency Considerations
The ADGM Courts recognise that freezing relief is inherently urgent. Rule 72 of the ADGM CPR expressly allows interim remedies to be granted at any time, including before substantive proceedings are commenced. Where a pre-action application is made, the court will typically require an undertaking that the substantive claim will be filed within a short, court-specified period. Hearings on ex parte applications may be listed on the same day or within 24 hours, depending on urgency. However, urgency does not excuse inadequate preparation; poorly evidenced applications risk dismissal or short-lived orders that are later discharged on the return date.
Duty of Full and Frank Disclosure
A defining feature of freezing order applications, particularly without notice, is the duty of full and frank disclosure. Applicants must place before the court all material facts, including those adverse to their position. This duty reflects equitable principles and is strictly enforced by the ADGM Courts. Failure to comply may result in the freezing order being discharged, irrespective of the merits of the underlying claim, and may expose the applicant to adverse costs. Affidavits should therefore be drafted with transparency, acknowledging uncertainties, contested facts, and potential defences, rather than presenting a one-sided narrative.
Applying for a Worldwide Freezing Order in the ADGM is a procedurally rigorous exercise that demands speed, accuracy, and strategic judgment. From selecting the correct application route to meeting disclosure obligations and drafting proportionate relief, each step plays a decisive role in whether the court will grant and sustain the order. When approached with proper preparation and evidentiary discipline, a WFO can be a powerful mechanism for preserving assets and protecting eventual enforcement outcomes.
