The Core Duties of a Registered Expert Witness Under UAE Law

Being technically qualified in a field is not the same as being a good expert witness. UAE courts, the DIFC Courts and arbitral tribunals all rely on expert evidence to resolve technical disputes, but the value of that evidence depends entirely on whether the expert has stayed within a defined set of professional duties. Since Federal Decree-Law No. 21 of 2022 on Regulating the Profession of Expertise Before the Judiciary Authorities came into force, those duties are set out in a specific legal framework rather than left to informal practice.

What Is an Expert Witness Under UAE Law?

An expert witness is a person registered to provide the court, tribunal or parties with an independent, reasoned technical opinion on a matter that falls outside the knowledge ordinarily expected of a judge. Registration and conduct are governed by Federal Decree-Law No. 21 of 2022, with Cabinet Decision No. 17 of 2024 as its implementing regulation, and experts are additionally bound by a professional code of conduct under Resolution No. 103 of 2023.

Who Can Register as an Expert Witness in the UAE?

Registration is not automatic for anyone with relevant knowledge. A candidate generally needs a university degree or equivalent qualification in the field of expertise, together with at least 10 years of relevant professional experience after graduation, though certain specialized fields carry a shorter experience requirement. Applicants must also hold a certificate of good conduct, be legally competent and medically fit to carry out the role, and demonstrate the language proficiency the work requires, particularly Arabic for local court proceedings. Registration is submitted to the Ministry of Justice or the relevant local judicial department, involves a committee review and, depending on the field, an interview or examination, and concludes with the candidate taking a legal oath before the judicial authority before being formally enrolled on the expert register.

Also check: Court Expert Witness Services

What Are the Core Duties of an Expert Witness?

Impartiality is described as the cornerstone of the role, not an optional professional courtesy. A registered expert’s evidence must be the expert’s own independent product, uninfluenced by which party engaged them or by the pressures of the litigation itself. Beyond that overriding duty, an expert is expected to:

• Disclose any relationship with a party, or any personal or financial interest in the outcome, that could compromise objectivity
• State clearly the facts, data and assumptions the opinion is based on, so the basis for the conclusion can be tested
• Stay within the scope of the appointed mandate and avoid offering legal conclusions, which remain the court’s role, not the expert’s
• Flag explicitly where an opinion is provisional because the available information was incomplete, rather than presenting it as definitive
• Update the instructing party and, where relevant, the court promptly if a material change of opinion occurs after reviewing further evidence or another expert’s report
• Exchange supporting documents, survey findings and technical materials with the other party’s expert as part of the normal report exchange process

What Should You Look for When Evaluating an Expert Witness?

A technically brilliant professional can still make a poor expert witness if these habits are missing. Look for a willingness to engage directly and constructively with the opposing expert to narrow the technical issues genuinely in dispute, rather than treating every point as adversarial. Look for evidence that is confined to the expert’s actual area of competence, since an expert who strays into legal argument or advocacy undermines their own credibility with the court. Look for a track record of acknowledging the limits of the available data rather than overstating certainty, and a demonstrated willingness to revise a conclusion when new information or a colleague’s specialist input genuinely changes the picture. An expert who treats every initial opinion as untouchable regardless of what emerges later is a liability in a case, not an asset.

Must check: Fraud & Forensic Expert Report Services

What Happens If an Expert Witness Breaches These Duties?

A registered expert who breaches the professional code of conduct under Resolution No. 103 of 2023, or the obligations set out in Federal Decree-Law No. 21 of 2022, risks disqualification from the specific case and disciplinary action that can affect their standing on the expert register itself. Beyond the personal consequence to the expert, a court or tribunal that identifies a genuine breach, most commonly an undisclosed conflict of interest or evidence that reads as advocacy rather than independent opinion, can discount the report entirely or order a replacement expert, which delays the case and adds cost for whichever party engaged them.

See also: Banking and Finance Expert Reporting Services

Related: Farahat & Co.

How Does an Expert Witness Differ From a Fact Witness or Legal Representative?

A fact witness describes what they personally observed and is not permitted to offer an opinion or conclusion. A legal representative argues the party’s case and is, by definition, not independent. An expert witness sits between the two: they are engaged by a party or appointed by the court, yet their duty of independence runs to the court itself, not to whoever is paying their fee. This is the point that most often confuses non-lawyers involved in a dispute for the first time, and it is why an expert who behaves like an advocate for the party that hired them undermines the entire purpose of expert evidence.

How Farahat & Co. Can Help

Our registered experts provide independent technical opinions across accounting, fraud, banking, finance and partnership dispute matters before UAE courts, the DIFC Courts and arbitral tribunals.

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