UAE judges appoint experts when disputes turn on engineering, accounting, medicine, or other specialist fields. The expert’s report often becomes the backbone of the judgment, so parties plan for it from day one.
How are experts appointed in UAE courts?
Courts appoint experts from official rosters. Appointment can be on the judge’s own motion, on a party’s request, or by agreement of the litigants with court approval. The requesting party deposits the expert’s fees as security. Courts keep discretion yet will appoint where technical proof is essential and documents alone do not answer the issue.
Can you bring your own expert?
Yes, but the court must permit it. Parties can request their own experts or jointly nominate one. The judge may accept the nomination or pick from the approved list instead. In the DIFC Courts, party experts need permission and often attend pre-trial meetings to narrow points. You can challenge an appointment if the expert cannot act impartially.
What qualifications must a court-registered expert meet?
Registration is strict to protect the integrity of opinions filed with the court. Core thresholds include full legal capacity, medical fitness, clean criminal record for honesty-related offences, academic qualifications tied to the field, and no prior dismissal by court or discipline. Experience matters. UAE nationals need at least 7 years post-graduation. Non-nationals need 15 years, backed by attested certificates. Applicants may register for no more than two fields at a time. Some emirates require malpractice insurance, employer consent for employees, and evidence of a practice office.
Process map for expert appointment in Dubai civil matters
- Raise the need early. In your first case management hearing, identify the technical issues and ask for an expert if the record needs it.
- Frame the mandate. Ask the court to define clear questions, deadlines, and access to sites or records. Narrow questions help avoid vague reports.
- Deposit fees. The court sets an initial sum that one or both parties pay as security.
- Participate in meetings. Provide documents, propose site visits, and submit written points for the expert’s attention. Keep a page-numbered bundle.
- Comment on the draft or final report. File focused objections tied to the mandate and the evidence. Ask for clarifications or a supplemental report where gaps remain.
When should you seek a party-appointed expert?
Use one to educate the court expert and the judge on complex methods or standards. A well-prepared private report can guide the questions the court frames and flag errors in the opposing narrative. In DIFC cases, seek permission and expect directions on expert meetings and joint statements of issues.
Practical tips that move the needle
- Pick the right field. Mislabelled expertise leads to thin analysis and wasted fees. Tie the field to the pleaded breach, such as delay analysis or structural defects.
- Build the record. Give the expert dated emails, site photos, shop drawings, payment certificates, and test results. Facts win over opinions.
- Set a clean timeline. One page with dates of contract, variations, notices, defaults, and payments helps the expert track causation.
- Prepare witnesses. Technical managers should attend expert meetings and answer questions with documents at hand.
- Challenge politely but firmly. If an expert exceeds the mandate, relies on documents not shared, or shows bias, seek directions or replacement.
Case example
A Dubai contractor faced liquidated damages of AED 6 million for late completion. The contractor sought a court expert, paid the deposit, and pushed for a mandate focused on delay causation and concurrent events. A private planning expert produced a critical-path analysis that highlighted late approvals and variations. The court-appointed expert adopted most of that reasoning. Damages were cut by more than half. The key was an early, narrow mandate and a coherent bundle that mapped facts to delay windows.
Bottom line
Court experts shape outcomes in technical disputes. Win the mandate, feed the expert with a clean record, and support it with your own specialist where the court allows it. Do you control this process, or does it control you? Take the initiative now.
‘Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
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