His Highness Sheikh Mohammed bin Rashid Al Maktoum, the Vice-President and Prime Minister of the UAE has enacted Law No. (13) In 2020, regulating the expert witness profession in Dubai governs the expert witness profession in Dubai.
The new Law governs all activities connected to expert witness services in Dubai. It aims to offer judicial departments technically and legally competent specialists who can aid in ensuring the correctness of rulings.
Sheikh Mohammed’s official website says they would “enable the rapid administration of justice, accelerate court proceedings, and increase the quality and capabilities of expert witnesses.”
Role of Expert Witness in Legal Issues
In common law jurisdictions, the main goal of experts and expert witnesses is to help the client or the fact-finder (whether a judge, jury, or arbitrator) comprehend the complex legal issues at stake. One must have adequate knowledge and competence to be considered an expert, which can be attained by formal education or work experience in a specialized field.
You’ll probably need to argue your position before an expert, which means: Although conflicts involving technical matters (such as maritime disputes, construction disputes, etc.) are more likely to include the appointment of experts. The UAE courts frequently refer cases to experts for advice in cases that, at first glance, don’t seem to call for their services.
According to Article 69 of the Federal Evidence Law (No. 10 of 1992 as modified), which states that a court may delegate to one or more experts when appropriate, the courts have the authority to do this. No requirements listed in Article 69 must be met to use this power. Experts in accounting are most frequently hired.
Expert Witness: Definition
According to the law, an expert witness is a person who has specialized expertise that a court or the public prosecution has hired to provide an oral or written opinion in a specific case.
The “experts register” in the Dubai Courts requires that expert witnesses and related consultancy organizations be properly registered.
Constitution of Expert Affair Committee
Dubai Courts will establish the Experts Affairs Committee following a determination made by the head of the Dubai Judicial Council. This committee will put out the guidelines for the designation of experts and endorse the code of ethics and professional behavior.
Additionally, it will establish standards for expert fees. Members of the Dubai Judicial Authority, specialists, listed with the Dubai Courts and other governmental agencies, and business sector representatives will all be on the committee.
Members of the Dubai Judicial Authority should function as the committee’s chairman and vice chairman.
The committee must also approve expert training programs and professional certification exams. It will examine expert applications, requests to cancel or suspend registration, grievances, infractions, and complaints.
Establishment of Special Unit
A particular unit for expert affairs will be established by the Dubai Courts following the legislation and will be in charge of registration and categorization.
Additionally, the unit will oversee and monitor activities, conduct technical assessments, look into grievances and complaints, and present suggestions. The unit will also be in charge of creating the charter of ethics and professional behavior.
Any action relating to offering expert witness services cannot be carried out by a person or organization not included in the experts’ register. A case or incident-related work may be assigned to an expert by the court authorities.
The expert witness must abide by the state and local laws in addition to this Law’s rules.
All decisions needed to put the Law into effect may be issued by the Director-General of Dubai Courts. When their registration is renewed or within a year of the Law’s implementation, everyone currently listed in the Dubai Courts’ expert registry must abide by it.
Any other laws that question or conflict with the Law’s provisions are invalidated. The Official Gazette will publish it and go into effect on the day of publication.
A prohibition from Expert witness services
Except as provided by law, it is forbidden for anybody or any business not listed in the experts register at the Dubai Courts to engage in any activity connected with the rendering of expert witness services. Any expert may be chosen by the court authorities to carry out specific responsibilities associated with a case or occurrence.
In addition to the requirements of this Law, the expert witness is governed by any applicable municipal, state, and federal laws, notably Federal Law No. (7) of 2012 regulates the expert witness profession before judicial authorities and its bylaws.
In some cases, a judge or arbitrator may not be expected to handle complex technological issues. They have knowledge in certain, but not all, fields, such as financial disputes, commercial disputes, and some technical construction issues. For this reason, testimony from a court expert or expert witness is crucial at Farahat & Co. In order for courts or arbitrators to completely understand the case before passing judgment, the experts at Farahat & Co. are adept at deciphering complicated legal difficulties. Testimony is supported with a report to help improve comprehension of the problems in a court or tribunal case.