This article will examine when, where, and what kinds of experts are appointed in the United Arab Emirates. The post also focuses on some of the characteristics a party should examine when appointing an expert. This article discusses the expert witness's role in construction disputes in detail.
Court Expert Witness - Meaning
At the start, it would be helpful to establish two essential meanings. First and foremost, a Court Expert is a person who possesses a high degree of technical or scientific ability or understanding. If the facts alone are inadequate for a court or tribunal to resolve an issue, an expert must be summoned to decide on a technical or scientific problem.
Who is an Expert Witness?
An expert witness is a person who has specific skills, knowledge, or experience and who testifies in court about what s/he feels has occurred in a particular case as a result of such specialized skills, knowledge, or experience. As opposed to other witnesses, expert witnesses may make conclusions and express their views as part of their evidence, unlike other witnesses who can testify about what they've seen. A wide range of technical and factual issues frequently arise in Real estate disputes, necessitating the assistance of experts. As a result, expert evidence will help the parties to strengthen their arguments and assist the court in concluding.
When it comes to real estate projects, it is common for the parties to select numerous experts to provide witnesses in several technical areas. Expert witnesses are often necessary for time delays, quantum mechanics, geotechnics, defects, or external audits.
What is the need for a Court Expert in Real Estate Disputes?
In general, actual records tend to have the most evidentiary value when it comes to facts. Still, expert witness testimony is the most common kind of evidence when it comes to technical subjects. Real Estate disputes usually include a wide range of advanced technological concerns and other factual issues that need the use of specialized knowledge. As a result, the parties will virtually always be required to provide expert testimony in support of their claims and to assist the tribunal in its decision-making process.
Role of Expert Witnesses in Local Courts
The appointment of experts in local courts is addressed under Articles 69 to 92 of Federal Law No. 10 of 1992 (the Law of Evidence). Furthermore, if a party makes an urgent application, a court may direct an expert to examine the subject under Article 68 of the Law of Evidence. In the local courts, a judge (who may or may not be a professional or technical expert on the topics in dispute between the parties) would usually appoint an expert to submit a report (i.e. issue a mandate). Federal law No. 7 of 2012 (Law of Experts), which was recently enacted, controls experts in local courts and imposes additional constraints on people who may function as an expert.
Process of obtaining expert's report
In summary, the expert obtains authority from the court specifying the subject matter for the expert's report. The expert will contact both parties and obtain essential documents to investigate. The expert will submit his report (in Arabic) to the court and send a copy to both parties. At the same time, the parties will have the option to comment on the expert's report. The judge is almost sure to place a high priority on the expert's report. While parties may retain their experts to assist them in preparing their cases, it is highly improbable that the local courts will call these party-appointed experts to testify. So the best use of party experts is likely in meetings with the court-appointed expert before the expert files his report with the court.
Expert Evidence before DIFC Court
Part 29 (Evidence) and Part 31 (Experts and Assessors) of the DIFC Courts Rules 2016 regulate evidence in the DIFC Court.
Part 31 governs expert evidence, and the DIFC Courts may allow expert testimony, both orally and via written expert reports, which should aid the court by presenting an objective, impartial view on subjects within their knowledge. The parties must get authorization from the DIFC Courts to rely on an expert witness, although this is very much the standard in substantive construction issues. An assessor performs a specific job in that he will not offer oral testimony and so will not be vulnerable to cross-examination. In contrast to a court-appointed expert paid by the parties, an assessor is paid by the DIFC Courts.
Evidence from Experts under Arbitration Proceedings
Expert evidence in international arbitration is one area where the common and civil law methods diverge significantly. The common law method entails the exchange of reports produced by parties' selected experts, who are then cross-examined during an oral hearing to determine which party's argument succeeds. Typically, such experts are supposed to deliver independent assessments that reflect their views, not those appointed by the party. In contrast, the civil law system often consists of a single independent expert chosen by the arbitral tribunal rather than the parties.
Expert evidence is often used in international arbitration. An arbitral tribunal is often selected for its specialized knowledge or experience. Appointing an expert to testify on some issues may help clarify and expand the arbitral tribunal's understanding and aid it in rendering a judgment concerning a dispute.
How Farahat & Co. assist you?
Farahat & Co., being one of the leaders in Expert Witness services, can assist you with your legal concerns. Professionally qualified advocates with a reputation for excellent service can assure you that we are knowledgeable in this sector and much more. Dubai Courts, Dubai Prosecution, Abu Dhabi Courts and Prosecution, and Sharjah Courts and Prosecution have all approved us as regulated experts.