Judicial technical expertise is one of the most essential tools of evidence in legal proceedings involving complex technical or scientific issues that cannot be resolved solely through legal reasoning.
In the UAE judicial system, its importance is amplified by the nature of disputes often arising in fields such as engineering, accounting, medicine, and commercial transactions.
Judicial expertise refers to a procedural mechanism whereby a technical expert is appointed either upon a party’s request or at the judge’s 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 Expert Roster, authorized to practice judicial expertise.
Experts perform their duties within the UAE judicial framework by ethical, professional, and legal standards.
The importance of expert opinions lies in their ability to help judges understand technical aspects that influence their legal rulings. This is particularly crucial as modern civil and commercial disputes often involve electronic contracts and digital evidence.
Also read: Benefits of Hiring a Court Expert in UAE
Though expertise is defined as a procedural tool under the Civil Procedures Law, its 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 legal framework, detailed in Article 101 of Federal Law No. 42/2022, allows the court either on its own or upon request by the parties to appoint one or more experts to render professional opinions on technical matters. These appointments must adhere to the principles of evidence and the right to defense.
The court issues a decree specifying:
The expert must:
Once the report is submitted:
According to the UAE Court of Cassation, an expert’s report is merely one form of evidence and is subject to judicial discretion.
A judge may:
Expert opinions are non-binding but serve as a valuable guide to assist the court in technical matters.
At Farahat & Co., we ensure that your court expert is not only highly experienced in the relevant field but also holds recognized certifications. Expert reports are reviewed by the trial court, which can accept them in whole or in part. If rejected, the court must provide reasons. Failure to review or discuss the report may result in legal deficiency.
When multiple reports exist, the court may select the one it finds most reliable.
We also offer specialized support in trademark disputes and technical litigation across the UAE:
To ensure fairness and protect litigants’ rights, the law includes several guarantees:
As a certified expert witness service provider, Farahat & Co. is recognized by the courts of Dubai, Abu Dhabi, Sharjah, and the Public Prosecution.
Moreover, the Ministry of Justice’s Expert Affairs Department, established under Cabinet Resolution No. 58/2022, oversees expert registration, training, and ethical compliance, reinforcing professionalism and objectivity.
Technical judicial expertise is a vital component of the UAE’s modern legal system, ensuring accurate, fair dispute resolution. The comprehensive regulation introduced in Federal Law No. 42/2022 reflects a commitment to justice, transparency, and procedural integrity.
For the UAE legal system to evolve further, it is recommended to:
Reach out to our team at Farahat & Co., certified court experts with deep knowledge in judicial procedures across the UAE. We ensure independence, professionalism, and legal compliance in all aspects of expert reporting and litigation support.
Contact us today, and we shall be glad to assist you.