Approving the
Guidelines on the Rules for
Estimating the Fees of Expert Witnesses[1]
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The
Director of the Dubai Courts,
After
perusal of:
Law
No. (13) of 2020 Regulating Expert Witness Work before Judicial Bodies in the
Emirate of Dubai (the “Law”), and
The
proposal submitted by the Expert Witnesses Affairs Committee formed within the
Dubai Courts,
Does
hereby issue this Resolution.
Pursuant
to this Resolution, the Guidelines on the Rules for Estimating the Fees of
Expert Witnesses attached herewith, including all standards, rules, and
regulations, are approved, and are to be published on the official website of
the Dubai Courts.
Except
for the persons and entities exempt from the application of the provisions of
the Law, the Guidelines referred to in Article (1) of this Resolution apply to
all Judicial Bodies when assessing Expert Witnesses’ fees, and to all those who
conduct Expert Witness Work before Judicial Bodies.
The
Expert Witnesses Affairs Committee at the Dubai Courts will periodically review
the Guidelines approved pursuant to this Resolution, whether on its own
initiative or at the request of the Judicial Bodies specified in the Law;
propose appropriate amendments and updates to these Guidelines; and submit them
to the Director of the Dubai Courts to issue the relevant directives as he
deems appropriate.
This
Resolution will be published in the Official Gazette and will come into force
fifteen (15) days after the date of its publication.
Prof.
Saif Ghanem Al Suwaidi
Director of
the Dubai Courts
Issued in Dubai on 18 August 2025
Corresponding to 24 Safar 1447 A.H.
Introduction:
Expert Witnesses provide technical
and specialised support to Judicial Bodies, thereby contributing to enhancing
the accuracy of issued judicial decisions and judgments and to the delivery of
expeditious justice. Given that the Expert Witness’s role, the efforts exerted,
and the costs incurred vary depending on the nature of the assignment entrusted
to him, these Guidelines set out the general rules for assessing Expert
Witnesses’ fees in applications and claims, with a view to ensuring the
application of fair and transparent standards in determining such fees, while
taking into account the specific nature of each assignment, the extent of the
efforts expended therein, and other factors and criteria relevant to the
assessment of such fees.
Objectives of the Guidelines:
These Guidelines aim to:
1.
enhance the governance of the
procedures for assessing Expert Witnesses’ fees by promoting the principles of
integrity, impartiality, and transparency at the various stages of determining
and disbursing such fees;
2.
provide a clear and unified
framework that enables Judicial Bodies to assess Expert Witnesses’ fees
objectively and fairly, thereby ensuring justice and equality among all Expert
Witnesses conducting Expert Witness Work; and
3.
ensure balance and flexibility in
the process of assessing fees, taking into account the nature of the
assignments entrusted to Expert Witnesses, the extent of the technical and
specialised efforts exerted, and the actual costs they incur in the proper performance
of their work.
Standards for Assessing Expert
Witness Fees:
a.
Expert Witnesses’ fees will be
assessed based on the total value of the claims or applications referred to
them, in accordance with Schedules (1) and (2) attached to these Guidelines.
b.
In assessing the Expert Witnesses’
fees specified in the two (2) Schedules referred to in paragraph (a) above, the
criteria and factors set out in paragraph (b) of Article (22) of the Law must
be taken into account:
1.
the classification category of the
Expert Witness;
2.
the scope and degree of complexity
of the assignment entrusted to the Expert Witness or the Expert Witness Firm;
3.
the work conducted by the Expert
Witness or the Expert Witness Firm, the time required for its completion, and
the stages involved in its execution;
4.
the extent of the Expert Witness's
or Expert Witness Firm’s commitment to the performance of the assigned duty and
addressing all its aspects;
5.
the quality of the Expert Witness
Work performed by the Expert Witness or the Expert Witness Firm, and the extent
to which the purpose for which the Expert Witness was appointed has been
achieved;
6.
the extent of compliance by the
Expert Witness or the Expert Witness Firm with the rules governing the practice
of Expert Witness Work;
7.
the technical performance assessment
rating of the Expert Witness or the Expert Witness Firm in respect of the
assigned duty; and
8.
the expenses verified by the
Judicial Body to have been incurred by the Expert Witness or the Expert Witness
Firm and required for performing the assigned duty, including the cost of arranging
a venue for meetings with the parties to the dispute; the cost of travelling to
the inspection site; fees paid for obtaining any papers, certificates, maps, or
documents; and fees for engaging specialists and technicians to perform tasks
falling outside the scope of the Expert Witness’s area of expertise.
c.
Notwithstanding the provisions of
paragraph (a) above, the Judicial Body may assess fees that differ from those
specified in the two (2) Schedules referred to in that paragraph, whether by
way of an increase or a decrease. In doing so, and without prejudice to the
standards and factors referred to in paragraph (b) above, the following must be
taken into account:
1.
the expenses incurred or expected to
be incurred by the Expert Witness or the Expert Witness Firm;
2.
the time required to complete the
assignment as estimated by the Dubai Courts;
3.
the extent of the need to engage
additional expertise or to travel and conduct inspections;
4.
the classification category of the
Expert Witness or the Expert Witness Firm, so that higher fees are payable to
Expert Witnesses or Expert Witness Firms classified in the higher categories;
5.
the qualifications and experience of
the Expert Witness;
6.
the extent of the Expert Witness’s
or Expert Witness Firm’s compliance with the rules governing the practice of
Expert Witness Work;
7.
the technical performance assessment
rating of the Expert Witness or the Expert Witness Firm in respect of the
assigned duty;
8.
the terms of any agreement concluded
between the disputing parties for the assessment of the fees and expenses of
the Expert Witness Work; and
9.
any other criteria or factors that
the Judicial Body deems important to take into account.
Increasing the Expertise Fees:
a.
An Expert Witness or an Expert
Witness Firm may submit a reasoned request for an increase in the assessed fees
within fifteen (15) days from the date of completion of the assignment and the
filing of the report, in accordance with the relevant procedures adopted by the
Judicial Body.
b.
In determining any increase in the
fees for Expert Witness Work, the relevant criteria and factors set out in
these Guidelines and in the Law must be taken into account.
Rules
for Payment of the Expertise Fees:
a.
The fees of an Expert Witness or an
Expert Witness Firm will be paid upon completion of the assignment. The
assignment of the Expert Witness or the Expert Witness Firm will not be considered
completed unless all elements specified in the decision or interlocutory
judgment appointing the Expert Witness or the Expert Witness Firm have been
fully performed.
b.
The Judicial Body may, either on its
own initiative or at the request of the Expert Witness or the Expert Witness
Firm, decide to pay a portion of the fees at any stage of the assignment.
c.
The Judicial Body may, either on its
own initiative or at the request of an affected party, make such decision as it
deems appropriate on any matter affecting the payment or recovery of the fees,
whether in whole or in part.
|
Value of the Claims or
Applications Referred to an Expert Witness (in dirhams) |
Assessed Fees (in dirhams) |
|
Up to AED 200,000 |
From AED 5,000 up to AED 10,000 |
|
From AED 200,001 up to AED 1,000,000 |
From AED 10,000 up to AED 30,000 |
|
From AED 1,000,001 up to AED 5,000,000 |
From AED 30,000 up to AED 50,000 |
|
From AED 5,000,001 up to AED 25,000,000 |
From AED 50,000 up to AED 100,000 |
|
From AED 25,000,001 up to AED 125,000,000 |
From AED 100,000 up to AED 200,000 |
|
From AED 125,000,001 up to AED 625,000,000 |
From AED 200,000 up to AED 500,000 |
|
More than AED 625,000,000 |
From AED 500,000 up to AED 1,500,000 |
|
Value of the Claims or
Applications Referred to Expert Witness Committees or Expert Witness Firms
(in dirhams) |
Assessed Fees (in dirhams) |
|
Up to AED 200,000 |
From AED 10,000 up to AED 30,000 |
|
From AED 200,001 up to AED 1,000,000 |
From AED 30,000 up to AED 50,000 |
|
From AED 1,000,001 up to AED 5,000,000 |
From AED 50,000 up to AED 80,000 |
|
From AED 5,000,001 up to AED 25,000,000 |
From AED 80,000 up to AED 200,000 |
|
From AED 25,000,001 up to AED 125,000,000 |
From AED 200,000 up to AED 500,000 |
|
From AED 125,000,001 up to AED 625,000,000 |
From AED 500,000 up to AED 1,000,000 |
|
More than AED 625,000,000 |
From AED 1,000,000 up to AED 3,000,000 |
©2026 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.