You may need to hire an expert witness to strengthen your legal position in a commercial dispute. To get the most out of their services, it's critical to comprehend the function of an expert witness in a commercial dispute in the UAE. A person hired on your behalf to create a report outlining their expert opinion on a subject related to their area of expertise is known as an expert witness.
An expert's role is to offer the Court a knowledgeable, unbiased, and objective opinion that will help it comprehend any technical issues of your case. An expert witness who has received extensive training and has years of expertise in a specific field is ideal.
Definitions of "Court Expert" and "Expert Witness"
- A court expert is someone whose knowledge or competence in a particular subject or area goes beyond what a layperson could expect.
- An expert witness is a specialist who provides this expertise and experience to a court, tribunal, etc., to assist it in comprehending the difficulties in a case and coming to a reasonable and just conclusion.
- They support the fact-finder but do not provide a decision on the matter.
Read More : Benefits of Hiring a Court Expert in UAE
Expert Opinion in the Court: Legal Provisions
In response to your request, an expert will draft a report that includes their views on the subject. Selecting an expert with the necessary qualifications and industry expertise is crucial. The expert's report may not be used as evidence if the Court determines that the expert lacks the credentials required to offer the opinion.
You will be required to provide the expert with all supporting documentation related to the subject matter as part of the creation of the expert report, as well as specific questions for them to address in their report. The expert report needs to be written so that it is helpful to the Court and contains the rationale behind the expert's conclusion.
When needed, the Court or parties may assign one or more experts to submit their opinions on issues important for deciding a case, in accordance with Articles 69 and 70 of the Evidence Law.
The Court must appoint an expert if this is the only feasible option for the concerned party to prove his claim or defense. According to Article 71(1) of the Evidence Law, the Court has the authority to specify the role of the expert. The details of the expert's report are not relevant to the judge of urgent issues, and the parties may only dispute the report's content before the Court of merits.
According to the rulings of the Dubai Supreme Court, the expert's report can be dismissed entirely or in part since it is not binding on the Court of merits.
It can refer cases to experts for technical problems where the Court must rely on their knowledge, but the expert's report shouldn't be approved without a thorough examination by the Court and the parties.
Federal Legislation No. 7 on the Regulation of the Experts Profession before Judicial Authorities, a special law in the UAE, is applicable in addition to the UAE Evidence Law.
The Onshore UAE Courts are authorized to select one or more experts to advise on the evidence and any contested legal problems.
In the UAE and Kuwait, an expert or panel of experts may be appointed at the request of one of the parties to the proceedings, although onshore courts often do so on their own. These specialists typically advise on the critical legal questions involved in a case.
The procedure leading up to the expert's report being filed might be actively participated in during expert sessions, which are essentially "closed office" meetings.
The conclusions stated in an expert's report are often accepted by the courts, even if the onshore courts are not required to follow them. The expert procedure should be structured correctly since it is frequently the most crucial dispute phase before the onshore courts.
Role of Court Expert in Commercial Disputes
Regarding evidence concerns in all areas of law, remarkably civil and commercial legislation, and some criminal matters, UAE courts frequently hire experts if the prosecutor general determines that appointing an expert is required in situations involving suspected criminal breach of trust.
Although you might have hired an expert witness to support your case in Court, their job is to provide the Court with impartial advice, not to argue your side. It requires the expert to establish judgments based on their field of study rather than on what they believe to be correct or incorrect under the given conditions. The party on the opposing side may likewise get expert evidence if you do. The expert's job is to support the Court, which includes explaining any significant areas where the experts differ.
How May Farahat & Co. Assist You?
Expert evidence has recognized one of the leading causes of the expense, complexity, and delay in commercial disputes. And when an "expert" is revealed to be impartial or not an expert in their subject, there may be significant repercussions. The importance of selecting the best expert witness for your case may be better understood if you are familiar with the job of an expert witness. There are a variety of specialists who can help. Still, it's crucial to make sure they are competent to offer a perspective on your case and maintain objectivity so that the Court can depend on their testimony.
Farahat and Co. have court experts who can provide professional assistance in every area of law and are knowledgeable in a wide range of legal disciplines. Our attorneys actively participate in each client's case and offer innovative answers and practical options to achieve each client's objectives. To schedule a meeting with one of our Court Expert Witnesses, contact us right now.