Memoranda of Understanding

Section 171 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 provides that, after consulting the Chairman of the Board of ADGM, the Chief Justice may by order direct that the courts of a foreign country (which is not party to an applicable treaty) be recognised foreign courts if the Chief Justice is satisfied that substantial reciprocity of treatment will be assured as regards the recognition and enforcement in that foreign country of the judgments of ADGM Courts.

In May 2017 a large number of the world’s commercial courts convened in London. The Standing International Forum of Commercial Courts (SIFoCC) was formed. More than 35 jurisdictions are now members of SIFoCC.

This Multilateral Memorandum on Enforcement of Commercial Judgments for Money follows discussion at SIFoCC’s first meeting, followed by approval at its second meeting in New York in September 2018. The second edition of the Memorandum was published in April 2021. ADGM Courts are publishing this Memorandum in order to assist parties and their legal representatives in regard to enforcement of the courts judgments in the foreign jurisdictions that are members of SIFoCC.

The memorandum sets out an understanding of the procedures for the enforcement of a judgment by the courts of one jurisdiction obtained in the courts of another jurisdiction. It is concerned only with commercial judgments requiring a person to pay a sum of money to another person, although some contributions touch on the position with other forms of judgment. The aim is to demonstrate cooperation, provide a mutual understanding of laws and judicial processes in this area, and improve public perception and understanding. The memorandum is designed to assist and to be used but is of no binding legal effect. It does not constitute a treaty or legislation, and is not binding on the judges of any jurisdiction. It does not supersede any existing or future laws, judicial decisions or court rules. Its particular focus is as a summary of the procedures for the enforcement of judgments of commercial courts worldwide.