Resolution
No. (133) of 2023
Regulating
the
Inspection
of Expert Witnesses of the Dubai Courts[1]
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The
Director of the Dubai Courts,
After perusal of:
Federal Law by Decree No. (35) of
2022 Issuing the Law of Evidence Governing Civil and Commercial Transactions;
Law No. (13) of 2020 Regulating
Expert Witness Work before the Judicial Authorities in the Emirate of Dubai;
Executive Council Resolution No.
(38) of 2020 Approving the Organisational Structure of the Dubai Courts; and
Resolution No. (103) of 2023
Approving the Code of Practice of Expert Witnesses before the Judicial
Authorities in the Emirate of Dubai,
Does
hereby issue this Resolution.
The
following words, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Courts: |
The Dubai Courts. |
|
Law: |
Law No. (13) of 2020 Regulating Expert Witness Work
before the Judicial Authorities in the Emirate of Dubai. |
|
Department: |
The Expert Witnesses and Arbitrators Department at
the Courts. |
|
Committee: |
The Expert Witnesses Affairs Committee formed
pursuant to the provisions of the Law. |
|
Expert Witness: |
A natural person or an Expert Witness Firm
registered on the Expert Witness Roll of the Courts. |
|
Code of Practice: |
The Expert Witness code of practice approved
pursuant to the above-mentioned Resolution No. (103) of 2023. |
|
Inspection: |
The duties performed by the Department employees in charge of conducting the
inspection and audit of the work of Expert Witnesses registered on the Expert Witness Roll of
the Courts to verify their compliance with the provisions of the Law and the
resolutions issued in pursuance thereof, including the Code of Practice. |
In
the course of conducting Inspections, the competent employees of the Department
must:
1. observe
objectivity, impartiality, and integrity;
2. conduct Inspections through visiting the workplaces of Expert Witnesses
or the venues where the Expert Witness meetings are held, in accordance with
the relevant adopted procedures. The Department employees must produce evidence
of their capacity when performing the duties assigned to them, and must explain
their assignments and the purpose of their visits to the Expert Witnesses
subject to Inspection;
3. verify that Expert Witnesses perform their duties, as prescribed by the
Law and the resolutions issued in pursuance thereof, the Code of Practice, and
the circulars regulating Expert Witness Work in the Emirate, through conducting
Inspection visits, examining records and documents related to the Expert
Witness assignments, and ascertaining that they comply with the relevant
provisions; and
4. observe due care, honesty, and accuracy in conducting Inspections; take
notes regarding what they personally witness; and refrain from making any
comments related to any technical issues with which they are not sufficiently
acquainted.
The
Department will be notified of the times,
dates and venues of the Expert
Witness meetings to be held and the inspections to be conducted by Expert
Witnesses, and of any changes thereto, through the relevant channels approved
by the Courts.
In
conducting Inspections, a
competent employee of the Department will have the powers to:
1. access and examine the
relevant records, papers, registers, files, and documents; and request paper or
electronic copies thereof;
2. conduct interrogations, and request clarifications privately from Expert
Witnesses, or in the presence of their supervisors, on any matter related to
the Inspection;
3. document his observations and recorded violations, and the obstacles
facing Inspection; and document any violations, breaches, or other acts that
constitute a breach of the requirements related to the Expert Witnesses’
workplaces;
4. access any workplace of Expert Witnesses after notifying their employer,
or his representative, of the visit, except in cases of surprise Inspection or
where the Department employee deems that such notification would compromise the
Inspection assignment;
5. attend meetings between disputants and Expert Witnesses;
6. take any actions or measures required to preserve the evidence related
to any recorded violation; and
7. prepare the required reports on Inspections, which include the
violations and breaches committed by Expert Witnesses; and submit the same to
the Committee to take the appropriate action against the violating Expert
Witnesses.
A report prepared by the competent
employee of the Department on an Inspection must contain the following details:
1. the name of the employee
and the date, venue, and time of the visit;
2. names of the Expert
Witnesses subject to Inspection and names of the establishments for which they
work;
3. a summary of the facts and
the procedures followed by the employee during the Inspection; and
4. the questions the employee
has posed to the Expert Witnesses subject to Inspection and their
statements and responses.
Subject
to the provisions of the Law, and based on the report submitted to it by the
Department, the Committee may:
1.
close the case;
2.
refer the Expert Witness for investigation, by
itself or by an investigation sub-committee formed by the Committee for this purpose. The Committee will nominate the
members of this sub-committee and determine its duties, obligations, and
expenses; and the sub-committee will provide opinion on the
contents of the investigation referral decision; and
3.
impose the disciplinary actions prescribed by the Law on the Expert Witness where it is established that he has committed acts
constituting violations of the provisions of the Law, the resolutions issued in
pursuance thereof, or the Code of Practice.
The
director of the Department will establish procedures for distribution of Inspection work to the employees
of the Department. These
procedures must take into consideration the number of Expert
Witnesses subject to Inspection, their
specialisations, the type and volume of their assignments, and the number of required Inspection visits.
The
employees of the Department must maintain strict confidentiality and must not disclose any information
to which they gain access as a
result of their employment or conduct
of Inspections, except in the cases prescribed by law.
The
Department will review and assess the outcomes of implementation of the
provisions of this Resolution every two (2) years, or where necessary; and will propose any necessary updates thereto.
Any
provision in any other resolution is hereby repealed to the extent that it
contradicts the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Taresh Eid Al Mansouri
Director of the Dubai Courts
Issued in Dubai on 28 August 2023
Corresponding to 12 Safar 1445 A.H.
©2023 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.