Expert Witness Report in Commercial Disputes in UAE

You may need to hire an expert witness to strengthen your legal position in a commercial dispute. To get the most from their services, it’s important to understand the function of an expert witness in a commercial dispute in the UAE. An expert witness is a person hired to create a report outlining their expert opinion on a subject related to their area of expertise.

An expert’s role is to offer the court a knowledgeable, unbiased, and objective opinion that helps it understand the technical issues in a case. An expert with extensive training and years of experience 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 goes beyond what a layperson could offer.
• An expert witness provides this expertise and experience to a court or tribunal, helping it understand the technical difficulties in a case and reach a reasonable, just conclusion.
• They support the fact-finder but don’t provide the actual decision on the matter.

Also check: Court Expert Witness

Expert Opinion in Court: Legal Provisions

In response to a request, an expert drafts a report including their views on the subject. Selecting an expert with the necessary qualifications and industry expertise is crucial, the expert’s report may not be usable as evidence if the court determines the expert lacks the credentials required to offer the opinion.

The instructing party is required to provide the expert with all supporting documentation related to the subject matter, along with specific questions for the expert to address in their report. The report needs to be written so it’s genuinely useful to the court, including the rationale behind the expert’s conclusion.

When needed, the court or the parties may appoint one or more experts to submit their opinions on issues important to deciding a case, consistent with Articles 69 and 70 of the Evidence Law. The court must appoint an expert where this is the only feasible way for the concerned party to prove their claim or defense. Under Article 71(1) of the Evidence Law, the court has authority to specify the expert’s role. Details of the expert’s report aren’t relevant to a judge handling urgent matters, parties may only dispute the report’s content before the court of merits.

According to rulings of the Dubai Supreme Court, an expert’s report can be dismissed entirely or in part, since it isn’t binding on the court of merits. Courts can refer cases to experts for technical problems where the court needs to rely on their knowledge, but the expert’s report shouldn’t be adopted without thorough examination by the court and the parties.

Must check: Fraud / Forensic Expert

Legal Framework for Expert Appointment

The UAE Evidence Law is supplemented by Federal Decree-Law No. 21 of 2022, alongside Cabinet Decision No. 17 of 2024, governing the regulation of the expert profession before judicial authorities in the UAE. UAE onshore courts are authorized to select one or more experts to advise on evidence and any contested technical issues in a case.

An expert or panel of experts may be appointed at the request of one of the parties, though onshore courts frequently do so on their own initiative, particularly on the critical technical questions involved in a case.

The process leading up to the expert’s report being filed can be actively participated in through expert sessions, essentially “closed office” meetings between the expert and the parties. The conclusions in an expert’s report are often accepted by the courts, even though onshore courts aren’t required to follow them. Because of this, the expert procedure itself is frequently the most consequential phase of a dispute before the onshore courts, and should be approached and structured carefully.

Worked Example: A Commercial Valuation Dispute

Two shareholders in a commercial trading company disagree over the buyout value of one partner’s exiting stake. The court appoints a single financial expert to value the business, rather than each party separately hiring their own valuation expert. The expert reviews financial statements, inventory records, and customer contracts, applying an accepted valuation methodology, and produces a report concluding a specific valuation figure with the reasoning behind it clearly documented. Both parties are given the opportunity to question the expert and dispute the report’s content before the court of merits. Ultimately, the court isn’t bound to accept the valuation figure outright, but given the depth of the expert’s analysis and the absence of a competing valuation, the court is likely to give the report considerable weight in reaching its judgment.

Role of Court Expert in Commercial Disputes

Regarding evidence in civil and commercial matters, and in some criminal matters, UAE courts frequently engage experts, including where the Public Prosecution determines appointing an expert is necessary in situations involving suspected criminal breach of trust.

Although you might hire an expert witness to support your case in court, their job is to provide the court with impartial advice, not to argue your side. This requires the expert to form judgments based on their field of expertise, rather than on what they personally believe to be right or wrong given the circumstances. The opposing party may likewise obtain their own expert evidence. The expert’s job is ultimately to support the court, including explaining any significant areas where experts disagree.

Frequently Asked Questions (FAQs)

How Farahat & Co. Can Help

Farahat & Co., a trusted Audit And Accounting Firm, provides court expert witness services across a wide range of commercial dispute areas, including valuation, financial, and forensic expertise.

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