UAE Trends and Developments Contributed by: Abdullah Ishnaneh, BSA LAW
Introduction: A System in Transition The UAE’s onshore litigation framework continues to evolve through co-ordinated legal and technologi- cal reforms. Recent legal changes have brought the country’s judicial system closer to global standards while maintaining its civil law foundation. Two key fac- tors will significantly shape the litigation landscape in 2026: • The ongoing use of court-appointed experts, whose insights are crucial for judicial decision- making. • The integration of technology and artificial intel- ligence into filings, hearings and translation pro- cesses. 1. Continuous Reliance on Court-Appointed Experts Under the Civil Procedures Law (Federal Decree Law No. 42 of 2022), courts can appoint experts to address specific issues. The expert collects evidence, meets with the parties and submits a report that answers questions posed by the court. A related law, Federal Decree Law No. 21 of 2022 on the Organisation of Expert Work before Judicial Authorities, regulates the accreditation, conduct and discipline of experts. Only experts listed on the official court roster can appear before the courts, unless a judge permits a non-roster expert for valid reasons, such as the absence of a registered expert with the needed expertise. In practice, the expert’s report often forms the factual and technical basis for the final judgment. For this rea- son, parties should view the expert phase as a crucial part of their litigation strategy, not just a procedural step. Are judges delegating too much, or are experts overstepping? Legally, the court retains the ultimate authority; the expert assists but does not decide. The Civil Proce- dures Law clearly defines the expert’s role and main- tains judicial control. However, in practice, expert reports hold significant persuasive power. Many cases depend on technical assessments, especially in con- struction, banking and insurance disputes. Judges frequently rely on the expert’s factual analysis when applying the law.
That said, judges may sometimes delegate exces- sively, assigning experts tasks beyond their scope. In other instances, experts may go beyond their man- date and address legal matters instead of just techni- cal ones. Challenges faced by litigants While the legal framework aims to ensure fairness, practical issues emerge when experts overstep and address legal matters. Courts may adopt those find- ings without adequate review. Litigants often face the following challenges: • Overstepping of authority: Some experts make conclusions that go beyond factual or techni- cal analysis, veering into legal interpretation. If such opinions are included in the report, they can influence the judgment despite being outside the expert’s authorised limits. • Limited judicial review: Judges may accept an expert’s conclusions entirely, especially when the report seems thorough and the objections are pro- cedural rather than substantive. This limits parties’ chances to correct or challenge errors once the report is submitted. • Evidential imbalance: The expert’s report often serves as the primary evidence. Any inaccura- cies or omissions can disproportionately affect the outcome. Parties without technical knowledge may struggle to identify and explain these flaws within the limited time allowed for comments. • Procedural constraints: Requests for new experts or additional reports are seldom granted unless clear procedural violations are shown. This makes it tough to obtain a second evaluation, even when the first report has clear flaws. These realities create a considerable procedural bur- den for litigants, particularly in complex disputes. Lawyers must anticipate possible overreach, engage actively during expert meetings and submit detailed objections supported by clear evidence. The law allows for such engagement, but its effectiveness depends on several factors.
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