Explore how the ADGM Courts’ Fast Track Procedure enables efficient, fair, and expedited resolution of commercial disputes—often within six months—under Part 40 of the Court Procedure Rules.
Delay is one of the most common concerns raised by parties considering litigation. Even where the legal position is strong, prolonged proceedings can dilute commercial value, increase costs, and distract management from core business activities. The ADGM Courts’ Fast Track procedure is designed to address this concern in a structured and disciplined manner.
The Fast Track, established under Part 40 of the ADGM Court Procedure Rules 2016 and supported by relevant Practice Direction provides an expedited framework for resolving suitable commercial and civil disputes. It does not compromise procedural fairness. Instead, it narrows the process to what is necessary for a just determination.
Where a case is allocated to the Fast Track, the Court’s intention is for it to be determined within six months of allocation. That objective informs every aspect of the procedure.
Purpose and Philosophy Behind the Fast Track
The Fast Track is not an alternative forum. It is a specialised procedural track within the Commercial and Civil Division of the ADGM Courts. Its purpose is to further the overriding objective of the Court. That is to ensure that cases are dealt with justly, proportionately, and efficiently.
The Fast Track reflects a clear judicial philosophy. Not every dispute requires extensive disclosure, multiple interlocutory applications, expert evidence, and long hearings.
How a Case Ends Up on the Fast Track
A case in the Commercial and Civil Division may be placed on the Fast Track in three ways:
- The claimant may request Fast Track allocation when filing the claim form.
- The defendant may request it when filing the acknowledgment of service.
- The Court may allocate the case on its own initiative after reviewing the papers.
Suitability Criteria. What the Court Looks For
The Guidance Note on the fast track procedure sets out indicative criteria rather than strict eligibility rules. In practice, suitability turns on complexity rather than value alone.
A Fast Track case will generally involve:
- No more than two fact witnesses per party
- Limited disclosure
- Few or no interlocutory applications
- No expert evidence, unless specifically ordered
- A hearing, if required, of two days or fewer
Additional indicators often include:
- A claim value typically between USD 100,000 and USD 500,000, excluding interest
- A relatively straightforward factual background
- A degree of urgency
- Claims such as liquidated debts, arbitration-related claims, or declaratory relief where factual disputes are narrow
The Court’s focus is on whether the dispute can be resolved fairly within a compressed timetable.
Pleadings and Early Disclosure
One of the defining features of the Fast Track is that it is front-loaded.
Where a claimant proposes Fast Track allocation, the claim form must:
- Provide concise reasons explaining why the case meets the Fast Track criteria
- Include standard disclosure of all documents the claimant intends to rely on at trial, attached to the claim form
This requirement forces early preparation and transparency. It discourages speculative claims and ensures that the defendant understands the full case at an early stage.
Service of the claim form follows the usual ADGM framework. The Registry serves defendants within the UAE. The claimant is responsible for service outside the UAE.
Accelerated Timetable for Pleadings
The Fast Track significantly shortens the standard procedural timetable.
Key timelines include:
- Acknowledgment of service within seven days of service of the claim form
- Defence or other answer to the claim within twenty-one days of service, once the case is allocated to the Fast Track
- Reply to defence within fourteen days
Limited extensions may be agreed by the parties. Any further extension requires the Court’s approval. These timelines apply regardless of whether the defendant accepts or disputes Fast Track allocation. The intention is to prevent delay from the outset.
Streamlined Disclosure Framework
Disclosure under the Fast Track is deliberately restrained and targeted.
The core principle is that parties disclose the documents on which they rely. Broad or speculative disclosure is discouraged.
The framework includes:
- Claimant disclosure at the outset when proposing Fast Track allocation
- Disclosure by each party when filing pleadings once the case is allocated
- A strict seven-day period after the close of pleadings to apply for specific disclosure
- Determination of disclosure disputes, in most cases, on the papers
- No requirement to use Redfern Schedules
This approach keeps disclosure proportionate and aligned with the objective of speed.
Case Management and Directions
Case management under the Fast Track is conducted on an expedited basis. A Case Management Conference is usually convened within ten days of the close of pleadings.
The process is simplified. Parties use bespoke Fast Track directions questionnaires and templates. They are also required to file a clear list of issues. At this stage, the Court will set firm directions on evidence, witness statements, and any hearing. Once directions are set, departures are discouraged unless genuinely necessary.
Mediation and Early Resolution
The Fast Track actively encourages parties to consider mediation. Court-annexed mediation may be arranged on an expedited basis for Fast Track cases. Given the early exchange of pleadings and documents, mediation often takes place at a stage where the issues are clearly defined. In practice, this increases the prospects of early settlement and cost-effective resolution.
Witness Evidence and Hearings
Witness evidence proceeds on an accelerated timeline. Each party must file all witness statements within twenty-one days after the close of pleadings. Reply witness statements follow within fourteen days. Expert evidence is generally excluded unless the Court orders otherwise.
The Court may determine the case entirely on the papers if the parties agree or if the Court considers it fair and appropriate. Where a hearing is required, it will usually be short and tightly managed.
Appeals and Finality
No appeal lies against Fast Track case management orders.
An appeal against a final judgment or order requires permission to appeal and must comply with Part 25 of the Court Procedure Rules. This reinforces procedural certainty and discourages tactical applications.
The ADGM Courts Fast Track procedure is a carefully calibrated mechanism for resolving suitable disputes efficiently. It preserves the integrity of the judicial process while removing unnecessary procedural weight. For the right case, it offers what many litigants seek but rarely obtain. A clear process. Predictable timelines. And a realistic chance of final resolution within six months. Used wisely, it can change how parties approach litigation in the ADGM.
