How Are Expert Witnesses Appointed and Used in UAE Courts Today?

How Are Expert Witnesses Regulated in UAE Court Proceedings?

The appointment and conduct of expert witnesses in the UAE is governed by Federal Decree-Law No. 21 of 2022 on the Regulation of the Expertise Profession, together with Cabinet Decision No. 17 of 2024, which sets out registration requirements, professional conduct rules, and disciplinary procedures for registered experts. Alongside this, Federal Decree-Law No. 35 of 2022 on Evidence governs how expert reports and testimony are used within civil and commercial proceedings. Together, these instruments determine who can act as an expert before a UAE court, how they are appointed, and what weight their findings carry in a judgment.

Court-Appointed Experts vs Party-Nominated Experts

UAE civil and commercial courts most commonly appoint an expert directly, drawing from the roster of experts registered with the Ministry of Justice or the relevant local judicial authority. The court defines the scope of the expert’s mandate in its appointment order, and the expert reports back to the court rather than to either party. This differs from a party-nominated expert, who is instructed and paid by one side of a dispute to produce a report supporting that party’s position. A party-nominated report can still be submitted as evidence, but a UAE court typically gives it less independent weight than a report from a court-appointed expert, and a judge retains discretion to disregard, adopt in part, or seek clarification on any expert report regardless of who nominated the expert.

The Court-Appointed Expert Process, Step by Step

1. Appointment order: the court issues an order naming the expert and defining the specific questions the expert must answer, based on the dispute before it.
2. Case file review: the expert receives the case file and any documents the parties have submitted as evidence.
3. Hearing sessions: the expert typically holds one or more sessions where both parties can present documents, ask questions, and respond to the expert’s preliminary observations.
4. Draft report and objections: in many cases the expert issues a preliminary report and allows the parties a defined period to submit written objections before finalizing findings.
5. Final report to the court: the expert submits a final report addressing the court’s specific questions, which becomes part of the case file for the judge’s consideration.

The expert’s fee in a court-appointed matter is generally set by the court and paid into a court deposit by the party bearing the cost (often the claimant initially, subject to reallocation in the final judgment), rather than negotiated privately between the expert and either party.

What Types of Disputes Commonly Require an Expert?

• Financial and accounting disputes, including valuation disagreements and alleged breach of contract involving financial calculations
• Construction and engineering disputes concerning defects, delay, or scope of works
• Banking and financial services disputes involving account reconciliations or facility terms
• Intellectual property disputes concerning alleged infringement or the scope of protected rights
• Partnership and shareholder disputes requiring an assessment of financial records or company value

Also check: Court Expert Witness Services

How Onshore Courts Differ From DIFC and ADGM Courts

Mainland UAE courts follow a civil law tradition where court-appointed experts play a central, often decisive, role in resolving technical disputes. The DIFC Courts and ADGM Courts, by contrast, operate under a common law framework closer to English civil procedure, where each party more commonly instructs and relies on its own expert witness, and the court’s role is to weigh competing expert evidence rather than direct a single court expert’s investigation as the default. A business operating across both systems, or unsure which court has jurisdiction over a dispute, should confirm early which procedural framework applies, since it affects both the cost structure and the strategy for using expert evidence.

Decision Criteria: When Should a Party Request Its Own Expert Report?

Even where a court has appointed its own expert, a party can commission a private expert report to challenge specific findings, particularly where the court expert’s methodology, data, or calculations appear flawed. This is most useful where the disputed amount is significant relative to the cost of a second opinion, where the court expert’s mandate did not cover a point the party considers material, or where the objection period after a preliminary report allows time to prepare a substantive rebuttal. A private report submitted without a clear, specific technical objection to the court expert’s findings rarely changes the outcome and can add cost without benefit.

Related: Court Services in UAE

Qualification Requirements for Registered Experts

To register as an expert with the Ministry of Justice under Federal Decree-Law No. 21 of 2022, a candidate must generally hold a relevant academic qualification, demonstrate a minimum number of years of practical experience in the specialty (commonly cited at around ten years for many disciplines), pass any required assessment, and take a professional oath before being added to the register. Registered experts are also bound by a code of professional conduct under Cabinet Decision No. 17 of 2024, covering impartiality, confidentiality, and disclosure of any conflict of interest with either party to a dispute.

Common Mistakes Parties Make When Dealing With Expert Evidence

• Failing to submit documents to the expert within the timeframe set in the appointment order, which can result in the expert proceeding without considering that evidence
• Missing the window to submit written objections to a preliminary report, after which the final report typically becomes very difficult to challenge on the same points
• Assuming a private expert opinion automatically overrides a court-appointed expert’s findings, when in practice a judge retains full discretion over which findings to adopt
• Treating the expert hearing sessions as informal, when statements and documents presented there can materially shape the final report

Frequently Asked Questions

How Farahat & Co. Can Help

Farahat & Co. provides court expert witness services across financial, valuation, and forensic disputes, and helps clients prepare and respond to expert reports at every stage of the process.

Contact Farahat & Co. today to discuss your expert witness requirements.