INSIGHTS

How a Technical Expert Works in UAE Court Cases

What the court-appointed expert does, how the meetings and reports run, and what you can do to make sure your side of the story is properly examined.

Clear Axis · 4 min read

When a dispute turns on engineering facts, such as a delayed project, a failed machine or a repair that went wrong, the judge usually needs help to understand the technical side. UAE courts refer these questions to a registered technical expert. The expert does not represent either party. Their job is to examine the facts and give the court a clear, reasoned technical opinion.

For many companies and individuals this is the first time they deal with a court expert. Knowing how the process runs, and what the expert needs from you, makes a real difference to how well your position is understood.

Why the court appoints an expert

Judges decide the law. They are not expected to calculate a delay, read a programme, test a gearbox or judge whether a repair met the specification. When the answer to the case depends on questions like these, the court issues an order that appoints an expert and sets the mission: the exact questions the expert must answer.

The mission matters. The expert works within it and answers its questions in order. Anything outside the mission is not for the expert to decide.

The expert's role: neutral, technical, reasoned

• The expert is independent of both parties and owes their duty to the court.

• The expert gives a technical opinion, not a legal ruling. Questions of law stay with the judge.

• Every finding should rest on a document, a measurement, an inspection or a clear calculation.

• The court is not bound by the report, but a well-reasoned report carries real weight with the rest of the file.

How the process usually runs

1. Referral. The court appoints the expert and sets the mission and the deadline.

2. First meeting. The expert invites the parties (and their lawyers) to a meeting, explains the mission and lists the documents needed.

3. Documents. Each party submits its documents and a short memo explaining its position. Late or missing documents are the most common cause of delay.

4. Inspection. Where needed, the expert inspects the site, the equipment or the vehicle, usually with both parties present.

5. Analysis. The expert studies the contract, the records and the inspection findings, and runs the calculations the mission requires.

6. Preliminary report. The expert sends a preliminary report to the parties.

7. Comments. Each party may comment on the preliminary report within the time given.

8. Final report. The expert answers the comments and files the final report with the court.

Two engineers inspecting equipment on site

What you should prepare

Bring the full record, not only the documents that help you. The usual list is: the contract and any amendments, drawings and specifications, the programme and its updates, correspondence and notices, minutes of meetings, site reports, photographs and videos, invoices and payment records, and any report already prepared by another party.

If the dispute is about an item, such as a vehicle, a machine or a piece of work, keep it unchanged until it has been inspected. A repair or a replacement before the inspection can make it impossible to prove what the condition was.

Mistakes that weaken a party's position

• Repairing or removing the item before the inspection.

• Submitting documents after the preliminary report, when they could have been given at the start.

• Long memos with strong words but no supporting records.

• Records that contradict each other, such as a site report that shows no delay while a letter claims one.

• Missing the expert's meetings or sending someone who does not know the file.

What a good expert report looks like

A good report uses neutral language. It explains the method, shows where each figure comes from, and deals with each party's arguments openly. Its conclusion answers the court's questions in the same order as the mission, so the judge can use it directly.

When you receive the preliminary report, read it against the records. Strong comments point to a specific page or figure and explain why it is wrong. General disagreement rarely changes a finding.

Court expert or party-appointed consultant?

Besides the court's expert, a party may engage its own technical consultant to review the file, prepare a technical memo, or check the preliminary report before comments are filed. This is a different role. If Eng. Haitham Mokhtar has been appointed by the court in your case, contact him only through the court's procedure.

This article is general information, not legal advice. Follow the court's order and your lawyer's advice for the exact steps and deadlines in your case.