The Role of Technical Judicial Expertise in Litigation in UAE

Judicial technical expertise is one of the most essential tools of evidence in legal proceedings involving complex technical or scientific issues that legal reasoning alone can’t resolve. In the UAE judicial system, its importance is amplified by the nature of disputes that often arise in fields like engineering, accounting, medicine, and commercial transactions, areas where a judge’s legal training alone isn’t a sufficient basis for a ruling.

This guide covers what judicial technical expertise is, its constitutional and legal basis, the appointment process, how courts actually weigh expert reports (including where multiple, conflicting reports exist), and the fair trial safeguards built into the system.

What Is Judicial Technical Expertise?

Judicial expertise is a procedural mechanism where a technical specialist is appointed, either at a party’s request or the judge’s own initiative, to clarify complex matters beyond general legal knowledge. A judicial expert in the UAE is any licensed natural or legal person registered with the Ministry of Justice’s specialist Roster, authorized to practice judicial expertise, performing their duties within the judicial framework according to ethical, professional, and legal standards.

Specialist opinions matter because they help judges understand technical aspects that directly influence legal rulings, particularly relevant now that modern civil and commercial disputes increasingly involve electronic contracts and digital evidence.

Also check: Court Expert Witness

Legal and Constitutional Basis of Judicial Expertise

Though defined as a procedural tool under the Civil Procedures Law, expertise’s constitutional foundation stems from the right to a fair trial and equality before the law, guaranteed by Article 30 of the UAE Constitution. The current framework, detailed in Article 101 of Federal Law No. 42/2022, allows the court, either on its own initiative or upon party request, to appoint one or more specialists to render professional opinions on technical matters, appointments that must adhere to the principles of evidence and the right to defense.

• Article 101 affirms that specialist opinion is a “means of proof”
• Article 109 grants parties the right to challenge and comment on the expert report

Expert Appointment and Procedural Requirements

Expert Appointment

The court issues a decree specifying the precise task the specialist must complete, the deadline for submitting the report, the expert’s fees and the deposit required from the requesting party, and a date for discussing the report in court.

Expert Duties

The specialist must perform the task impartially and diligently, notify the parties of all sessions and site visits, and allow the parties to submit documents and remarks throughout the process.

Discussion of the Expert Report

Once submitted, parties are given time to respond or object, and may summon the specialist for questioning. The court has full discretion to accept or reject the report, wholly or partially, particularly where contradictions or legal inconsistencies appear.

Must check: Fraud / Forensic Expert

How Courts Weigh Conflicting Expert Reports

According to the UAE Court of Cassation, an expert’s report is merely one form of evidence, subject to judicial discretion, not a binding determination the court must follow. A judge can rely on a report where it appears credible, or disregard it where it’s flawed or contradicted by other evidence. Where multiple reports exist, whether from opposing party-appointed experts or a court-appointed expert alongside party submissions, the court selects the one it finds most reliable, weighing factors like the report’s internal consistency, the clarity of its methodology, and whether its conclusions withstood cross-examination. If a report is rejected, the court must provide reasons, and failure to properly review or discuss a submitted report can itself amount to a legal deficiency in the judgment.

Worked Example: A Court Weighing Two Conflicting Expert Reports

In a construction dispute, the claimant’s appointed expert calculates a loss of profit of AED 2,000,000 using a comparable-period method, while the defendant’s expert, reviewing the same facts, arrives at AED 800,000 using a different benchmark period they argue is more representative. The court, exercising its discretion, examines both reports’ methodology and finds the claimant’s comparable period was affected by an unrelated market downturn that makes it a less reliable benchmark, while the defendant’s expert’s chosen period better reflects normal trading conditions. The court adopts the defendant’s expert’s approach but adjusts the final figure slightly based on specific facts neither report fully addressed, illustrating that courts don’t simply pick one report wholesale, they can engage critically with the underlying methodology and reach an independent, reasoned conclusion.

Safeguards and Fair Trial Guarantees

The law includes several guarantees protecting litigants’ rights: the right to object to a specific specialist for valid reasons such as bias or conflict of interest, the requirement for a written, reasoned report, and the right to challenge the report and request a new specialist or committee.

The Ministry of Justice’s Expert Affairs Department, established under Cabinet Resolution No. 58/2022, oversees specialist registration, training, and ethical compliance, reinforcing professionalism and objectivity across the system. Certified expert witness providers are typically recognized by courts across multiple emirates and the Public Prosecution.

Frequently Asked Questions (FAQs)

How Farahat & Co. Can Help

Farahat & Co., a trusted Audit And Accounting Firm, provides certified judicial expert services with deep knowledge of UAE court procedures, ensuring independence and professionalism in expert reporting and litigation support.

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