In many commercial and civil disputes, the central issue is not simply what the parties agreed. It is whether a technical, financial or professional issue can be proven.
A dispute may involve incomplete construction works, disputed accounts, valuation of shares, delays in performance, engineering defects, banking calculations, property damage or the examination of business records. These are matters where a judge may need specialist assistance before reaching a decision.
This is where a UAE court expert report becomes important. An expert report can significantly influence the direction of a case. However, it is not automatically decisive. UAE courts retain the power to assess the report, question the expert, order further work or appoint another expert where necessary.
When Does the Court Appoint an Expert?
Under Federal Decree-Law No. 35 of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions, the court or supervising judge may appoint one or more experts where technical knowledge is required to decide the dispute.
The expert may be an individual specialist, a government employee, or a local or international consulting firm registered in the relevant expert roster. The law requires the selected expert to have experience appropriate to the subject of the dispute.
For example, an accounting expert may be appointed to review company accounts, payments, profit-sharing arrangements or alleged financial losses. An engineering expert may inspect construction defects, assess workmanship, quantify repair costs or examine whether a contractor complied with the agreed specifications.
The court may appoint an expert on its own initiative or upon the request of one of the parties. Parties may also agree on the selection of an expert, although the appointment remains subject to the court’s approval.
The Expert’s Mandate Matters
The court’s appointment decision is one of the most important stages in the process.
The decision should identify the expert’s precise task, powers, the deadline for the report and the hearing at which the report will be considered. It may also specify whether the expert is authorised to inspect premises, review documents, hear the parties’ explanations or take urgent measures.
A broad or unclear mandate can create difficulties later. If an expert is asked only to calculate outstanding payments, for example, the expert should not be expected to decide whether the contract itself was valid or whether a party committed a legal breach. Those are matters for the court.
In commercial disputes, parties should carefully review the terms of reference at an early stage. A well-defined mandate helps ensure that the expert examines the correct documents, addresses the real issues and does not move beyond the scope of the court’s instructions.
What Happens During the Expert Process?
Once appointed, the expert may request access to records, contracts, invoices, correspondence, bank statements, books of account, site records and other relevant materials. The expert may also inspect facilities, property or disputed items where this is necessary.
The parties are expected to cooperate with the process. A person should not, without legal justification, prevent the expert from carrying out the assigned task. Where access to records or premises is obstructed, the expert may refer the issue to the court for directions.
The expert must also remain impartial. Before beginning the task, the expert is required to disclose any relationship or interest involving the parties. A party may request the disqualification of an expert where there is a legitimate concern that the expert may not be able to act independently.
This can be relevant where the expert has a personal or professional connection with one party, works for a party, or has another relationship that could affect confidence in the process.
The Importance of the Initial Report
A UAE court expert report is usually not prepared in isolation. Before filing the final report, the expert must provide the parties with an initial report and allow them an opportunity to submit comments and observations.
This stage should not be treated as a formality.
A party may need to point out missing documents, incorrect calculations, factual misunderstandings, assumptions that do not reflect the contract, or issues that fall outside the expert’s mandate. The comments should be structured, supported by evidence and focused on technical issues rather than general disagreement.
The final report should explain the work carried out, the documents reviewed, the parties’ submissions, the technical analysis and the reasoning behind the expert’s conclusions.
For litigants, this means that preparation should begin well before the report is issued. Documents should be organised, figures should be reconciled, and the party’s position should be presented in a clear and consistent way.
Mrs. Awatif Al Khouri’s approach in commercial and civil litigation reflects the need to approach expert proceedings with careful preparation and attention from an early stage, recognising their importance within the overall litigation process.
Who Pays for the Expert?
The court generally determines the expert’s fees, identifies the party required to make the initial deposit and sets a deadline for payment.
If the party ordered to make the deposit does not pay, the other party may pay it and later seek recovery. If neither party pays, the court may suspend the case for a limited period, where the outcome depends on the expert report.
In the final judgment, the court will usually allocate the expert costs to the unsuccessful party. Where the parties succeed only in part, the costs may be divided proportionately.
Conclusion
A strong UAE court expert report can help clarify complicated facts and move a dispute toward resolution. A weakly managed expert process, however, can create delays, increase costs and leave important issues unexplained.
For companies, litigants and legal teams, the key is to understand that expert evidence is often one of the most influential parts of commercial and civil litigation in the UAE. Mrs Awatif Al Khouri’s experience in handling complex disputes highlights the value of early preparation, organised evidence and focused engagement with the expert process from the outset.
