On 13 August 2025, the ADGM Court of First Instance ruled in <span class="news-text_italic-underline">A22 and B22 v C22 [2025] ADGMCFI 0018</span> that it has the authority to grant anti-suit injunctions (“<span class="news-text_medium">ASIs</span>”) to restrain parties from pursuing proceedings in the onshore Abu Dhabi courts. Nevertheless, the court refused to grant the injunction sought on the facts presented.
The dispute originated from an insurance claim brought by contractor D22 against its insurer, C22, following damage to heavy equipment during transportation for a Saudi oilfield project. D22 had engaged A22 as a marine warranty surveyor under a service order which incorporated D22’s general terms and conditions, including an ICC arbitration clause with an Abu Dhabi seat. B22, a related entity, was not party to the service order. After indemnifying D22, C22 sought recovery through proceedings in the onshore Abu Dhabi courts. A22 and B22 applied to the ADGM court for an ASI, arguing the matter should be resolved by arbitration.
Justice Paul Heath KC held that under section 41 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the court has jurisdiction to issue ASIs where “just and convenient”. However, the application failed as the applicants did not establish that there was a high probability that a valid arbitration agreement governed the dispute. The court questioned whether the arbitration clause had been effectively incorporated into the service order given it was signed almost a year after the incident and noted that B22 was not a party to the agreement.
The court also criticised the delay in seeking relief. The application was only filed after an unfavourable expert report in the onshore proceedings, suggesting a tactical rather than timely move. Further, the court emphasised principles of judicial comity, particularly since the parties had been actively engaged in the onshore litigation since 2024 and a judgment was imminent.
The decision reinforces that while the ADGM court possesses jurisdiction to grant ASIs over onshore Abu Dhabi proceedings, such relief will only be granted where applicants can demonstrate clear contractual entitlement, timely action and procedural propriety.
<span class="news-text_medium">Case:</span> <span class="news-text_italic-underline">A22 and B22 v C22 [2025] ADGMCFI 0018</span> (13 August 2025).
