Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities
- Law Type: Federal Decree-Law
- Law Number: No. (17) of 2024
- Issued Date: 08 Mar 2024
- Effective Date: 16 Mar 2024
- Official Gazette: No. 771
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 38
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities. The Resolution sets out the requirements and procedures for experts and expert firms to register in a roster maintained by the Ministry of Justice, as well as the controls for engaging unregistered experts. It also outlines the obligations, rights, and penalties related to practicing the expert profession in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024) The Resolution is significant for businesses and individuals in the UAE who require expert services in legal proceedings. It provides a comprehensive regulatory framework to ensure the quality and accountability of expert witnesses, which is crucial for the proper administration of justice. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024)
What is the scope and purpose of this law?
The Resolution regulates the practice of the expert profession before the judicial authorities in the UAE. It applies to both individual experts and expert firms that provide services to the courts and other judicial bodies. The purpose is to establish a roster of qualified experts, set standards for their registration and practice, and provide controls for engaging unregistered experts when necessary. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 1-3)
What are the key definitions under this law?
The Resolution defines the following key terms:
- Ad-hoc Expert: A qualified natural person whose name is not listed in the Roster, but who is working in a particular area of specialty with a federal or local government entity, and has professional expertise in the field of their work. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 1)
- Subject-Matter Expert: A natural person whose name is not listed in the Roster, is working in the private sector in a particular professional or craft field, and has sufficient knowledge and expertise in the field of their profession or craft. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 1)
- Department Manager: The manager of an organizational unit concerned with the experts' affairs at the Ministry. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 1)
- Decree-law: Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. Only experts and expert firms registered in the Roster maintained by the Ministry of Justice may practice the expert profession before the judicial authorities in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 2) 2. Experts and expert firms must submit an application for registration in the Roster, accompanied by various documents such as proof of qualifications, experience, and medical fitness. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 5) 3. Registered experts must practice the profession through a licensed expert firm, unless they are public employees. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 8) 4. Experts and expert firms must renew their registration in the Roster every three years. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 7)
What licensing, registration, or approval requirements exist?
The Resolution establishes the following licensing and registration requirements: 1. Experts and expert firms must be registered in the Roster maintained by the Ministry of Justice to practice the expert profession before the judicial authorities. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 2, 4) 2. Expert firms must be licensed by the competent licensing authority in the UAE to carry out expert services. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 8) 3. The registration application for experts and expert firms must be approved by the Committee established under the Resolution. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 6)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this Resolution are: 1. The Ministry of Justice, which maintains the Roster of experts and expert firms and oversees the registration and practice of the expert profession. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 4) 2. The Committee, which is responsible for scrutinizing and approving the registration applications of experts and expert firms. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 6) 3. The Technical Inspector, who may be engaged to provide opinions on disputes in the absence of a specialized expert registered in the Roster. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 3)
What rights and protections does this law provide?
The Resolution does not explicitly mention any specific rights or protections granted to experts or expert firms. However, it does provide the following: 1. The ability for litigants to agree to have an expert or expert firm not listed in the Roster appointed, subject to the approval of the judicial authority. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 2) 2. The right for an applicant whose registration application is rejected to challenge the Committee's decision before the competent court. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 9)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It focuses on the administrative and procedural requirements for the practice of the expert profession, rather than enforcement mechanisms or sanctions.
What fees, charges, or financial provisions are specified?
The Resolution does not provide any details on fees, charges, or other financial provisions related to the practice of the expert profession. It only states that the expert or expert firm must pay the "prescribed fees according to the applicable mechanism" upon registration. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 6)
What exemptions or exceptions apply?
The Resolution provides the following exemptions and exceptions: 1. The judicial authority may, either sua sponte or based on the litigants' agreement, assign an ad-hoc expert, subject-matter expert, or expert firm not listed in the Roster, subject to certain controls. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 3) 2. The provisions regarding practicing the expert profession through a licensed expert firm do not apply to an expert who is a public employee. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 8)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms. It only states that an applicant whose registration application is rejected may challenge the Committee's decision before the competent court within 30 days, and the court's judgment in this respect shall be final. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 9)
What are the key deadlines and time limits?
The Resolution establishes the following key deadlines and time limits: 1. The registration renewal application must be submitted at least 30 days prior to the expiry date of the registration. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 7) 2. Failure to submit a registration renewal application after the lapse of 90 days following the expiry date of registration shall result in removal of registration from the Roster. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 7) 3. The Committee must decide on deregistration and suspension of practice applications within 60 days following their submission date. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Art. 9)
How does this law interact with other UAE legislation?
The Resolution references the following related legislation: 1. The Constitution of the UAE 2. Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, as amended 3. Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Preamble)
When did this law come into effect?
The Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities was issued on 08 March 2024 and came into effect on 16 March 2024, as published in the Official Gazette No. 771. (Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities, 2024, Issued Date, Effective Date)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of Federal Decree-Law Regulating the Profession of Experts before the Judicial Authorities for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.