DIFC and ADGM, and how they differ
Two English language common law jurisdictions inside a civil law country, with different governing law and different reach.
DIFC
- Established
- 2004
- Regulator
- Dubai Financial Services Authority
- Constitution
- Dubai Law 5 of 2021
- Courts
- DIFC Courts, Court of First Instance and Court of Appeal
- Designated Zone
- No
DIFC enacts its own free-standing civil and commercial statutes, drafted on common law principles, rather than importing another country’s law wholesale.
ADGM
- Established
- 2013
- Regulator
- Financial Services Regulatory Authority
- Basis
- Federal Decree 15 of 2013, Abu Dhabi Law 4 of 2013
- Courts
- ADGM Courts, with commercial, real property, employment and small claims divisions
- Designated Zone
- No
ADGM applies English common law and equity directly under the Application of English Law Regulations 2015, together with a schedule of specified English statutes. It was the first jurisdiction in the region to take the Singapore and Hong Kong approach.
Why the difference matters
ADGM imports English law by direct application, so it tracks developments in English law automatically. DIFC codifies its own statutes, so it does not.
That changes how precedent works, how gaps are filled, and how quickly each responds when English law moves. For a choice of forum clause it is a real distinction, not a formality.