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Court Experts

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 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.

What Is Judicial Technical Expertise?

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

Legal and Constitutional Basis of Judicial Expertise in the 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.

  • Article 101 affirms that expert 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 expert must complete.
  • The deadline for submitting the report.
  • The expert’s fees and the deposit required from the requesting party.
  • A date for discussing the report in court.

Expert Duties

The expert must:

  • Perform the task impartially and diligently.
  • Notify the parties of all sessions and site visits.
  • Allow the parties to submit documents and remarks.

Discussion of the Expert Report

Once the report is submitted:

  • The parties are given time to respond or object.
  • They may summon the expert for questioning.
  • The court has full discretion to accept or reject the report, wholly or partially, especially in the presence of contradictions or legal inconsistencies.

Evidentiary Value of Expert Reports

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:

  • Rely on the report if it appears credible.
  • Disregard it if flawed or contradicted by other evidence.

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:

Safeguards and Fair Trial Guarantees

To ensure fairness and protect litigants’ rights, the law includes several guarantees:

  • The right to object to a specific expert for valid reasons (e.g., bias, conflict of interest).
  • The requirement for a written, reasoned report.
  • The right to challenge the report and request a new expert or committee.

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.

Conclusion

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:

  • Issue a unified judicial expertise manual based on global best practices.
  • Expand expert training and certification programs.
  • Encourage the use of digital tools and remote expertise solutions.

Need Help with Appointing a Judicial Expert in the UAE?

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.