Recourse to Experts in the Field of Arbitration under UAE Law

Arbitration is an alternative means of dispute resolution conducted outside the courts, characterized by speed and flexibility. However, in certain technical or complex cases, arbitrators may need specialized opinions to understand matters beyond their legal expertise—such as those related to engineering, accounting, or technology.

The UAE Arbitration Law (Federal Law No. 6 of 2018) grants the arbitral tribunal the right to appoint one or more experts if it deems that resolving the dispute requires technical or specialized knowledge.

The law regulates the process of engaging experts in arbitration proceedings. Unless the parties agree otherwise, the arbitral tribunal may appoint one or more experts to provide a report on the dispute. The tribunal defines the expert’s mission, sets a timeframe for its completion, and provides the parties with a copy of the appointment decision.

Each party is required to provide the expert with all information related to the dispute and to allow the expert to examine or inspect any documents, goods, movable property, or real estate connected to the case. The arbitral tribunal resolves any disagreement that may arise between the expert and any of the parties in this regard.

Before accepting the appointment, the expert must submit a statement of qualifications and a declaration of impartiality and independence to the arbitral tribunal and the parties. Once the expert completes the assignment and prepares the report, the tribunal sends a copy of the report to all parties immediately upon its submission and grants them an opportunity to comment within a specified period.

The arbitral tribunal determines the expert’s fees and expenses, which are paid by the parties in accordance with the tribunal’s decision.

From the foregoing, it is clear that the use of experts in arbitration within the United Arab Emirates serves as an important tool to enhance the accuracy and credibility of arbitral decisions. It ensures that the awards are based on a comprehensive understanding of both legal and technical aspects, thereby safeguarding the rights of the parties and strengthening their confidence in the arbitration system.