Legislation Details
- Full Title: Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities
- Law Type: Federal Decree-Law
- Law Number: (21) of 2022
- Issued Date: 26 Sep 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 736
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 98
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Decree-Law Regulating the Profession of Experts before Judicial Authorities aims to regulate the practice of expert services before the judicial authorities in the United Arab Emirates. The law establishes a roster of qualified experts and expert firms, sets conditions for their registration and practice, and outlines the obligations and disciplinary procedures for experts. The law's purpose is to ensure the accuracy of court decisions by providing the judicial authorities with qualified experts, while also developing the expert services and improving their efficiency. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 2)
This law is significant for businesses and individuals in the UAE as it governs the use of expert testimony and reports in legal proceedings. It provides a framework for the selection, conduct, and accountability of experts, which can impact the outcome of civil, commercial, and criminal cases. The law's provisions aim to boost confidence in the expert services provided to the judicial authorities. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 2)
What is the scope and purpose of this law?
The Federal Decree-Law Regulating the Profession of Experts before Judicial Authorities applies to any person who performs expert services before the judicial authorities in the United Arab Emirates, with the exception of local judicial authorities and arbitration centers that regulate the profession of experts under their own local legislation. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 3)
The law aims to achieve the following objectives: (1) regulating the expert services before the judicial authorities; (2) providing the judicial authorities with qualified experts to help ensure the accuracy of court decisions; (3) developing the expert services and improving the efficiency of experts to expedite judicial procedures; and (4) boosting confidence in those who perform the expert services within specific professional, ethical, and behavioral norms. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 2)
What are the key definitions under this law?
- The State (UAE): The United Arab Emirates.
- The Ministry: The Ministry of Justice.
- The Minister: The Minister of Justice.
- The Competent Licensing Authority: The local authority competent to issue professional licenses for experts and expert firms.
- The Competent Judicial Authority: Courts and the Public Prosecution.
- The Competent Court of Appeal: The court of appeal determined by virtue of a resolution of the Minister.
- The Committee: The Experts' Affairs Committee formed under Article 21.
- The Board: The Experts and Expert Firms Disciplinary Board established under Article 24.
- The Competent Department: The organizational unit concerned with experts' affairs at the Ministry.
- Profession of Experts: A technical work practiced, based on the assignment of the Competent Judicial Authority or the litigants' agreement, by experts to submit their technical or scientific reports.
- The Roster: The Roster of Experts and Expert Firms at the Ministry.
- Expert Services: A specialized work practiced, based on the assignment of the Competent Judicial Authority or the litigants' agreement, by the Expert to express a verbal or written technical opinion.
- Expert: A natural person licensed to practice the profession of experts.
- Expert Firm: A legal person licensed to practice the Profession of Experts in the State.
- Technical Inspector: An expert appointed in the Competent Department to perform technical audit and inspection of the Expert Services.
- The Code of Conduct: A set of professional, ethical, and behavioral norms and rules which the Expert and Expert Firms shall adhere to.
(Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on experts and expert firms practicing before the judicial authorities in the UAE:
- Any expert or expert firm not registered in the Roster is prohibited from practicing the profession of experts before the judicial authorities, except in limited circumstances where the litigants agree and the judicial authority approves. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 4)
- Experts must fulfill certain conditions to be registered in the Roster, including having the required qualifications, experience, and professional liability insurance. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 6)
- Expert firms must also meet specific registration requirements, such as having a valid license, a supervising manager who is a registered expert, and a minimum number of registered experts on staff. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 7)
- Experts and expert firms must adhere to a Code of Conduct when performing expert services. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 32)
- Experts must take a legal oath before performing their duties. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 11)
What licensing, registration, or approval requirements exist?
The law establishes a Roster of Experts and Expert Firms at the Ministry of Justice, in which all experts and expert firms must be registered to practice before the judicial authorities in the UAE. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 5)
To be registered in the Roster, experts must fulfill various conditions, including having the required qualifications, experience, professional liability insurance, and passing examinations. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 6)
Expert firms must also meet specific registration requirements, such as having a valid license, a supervising manager who is a registered expert, and a minimum number of registered experts on staff. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 7)
The law also allows the Experts' Affairs Committee to exempt certain persons or expert firms from certain registration conditions in specific circumstances, such as for government agency employees or experts with scarce expertise. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 8)
Which authorities or bodies are responsible for enforcement?
The law establishes several key authorities and bodies responsible for the governance and enforcement of the expert services profession:
- The Ministry of Justice is responsible for maintaining the Roster of Experts and Expert Firms and overseeing the regulation of the profession. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 5)
- The Experts' Affairs Committee is formed to examine applications for registration in the Roster, approve exemptions, and oversee the affairs of experts and expert firms. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 21-22)
- The Experts and Expert Firms Disciplinary Board is established to institute and investigate disciplinary actions against experts and expert firms, and to impose disciplinary penalties. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 24-29)
- The Competent Department within the Ministry of Justice is responsible for the organizational affairs related to experts. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 1)
- The Competent Judicial Authority, which includes courts and the Public Prosecution, is empowered to appoint experts and technical inspectors to assist in judicial proceedings. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 37-38)
What are the penalties for non-compliance?
The law prescribes several penalties for non-compliance with its provisions:
- The penalty for preventing an expert from performing their work is imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 33)
- The penalty for impersonating an expert is imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 34)
- The penalty for an expert's breach of their obligations is a disciplinary penalty imposed by the Disciplinary Board, which can include a warning, suspension from practice for a period not exceeding one year, or striking the expert off the Roster. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 35, 29)
- The law also allows for the imposition of the severer penalty between the penalties prescribed in this law and any other applicable laws. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 36)
How are disputes resolved under this law?
The law provides for the following dispute resolution mechanisms:
- Experts whose registration applications have been rejected by the Experts' Affairs Committee may challenge the decision before the competent court within 30 days. The court's judgment in this regard is final. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 9)
- The Disciplinary Board is responsible for instituting and investigating disciplinary actions against experts and expert firms, and for imposing disciplinary penalties. Hearings of the Disciplinary Board and its judgments can be appealed before the Competent Court of Appeal. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 25-27)
When did this law come into effect?
The Federal Decree-Law Regulating the Profession of Experts before Judicial Authorities was issued on 26 September 2022 and came into effect on 2 January 2023. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 46)
How does this law interact with other UAE legislation?
The Federal Decree-Law Regulating the Profession of Experts before Judicial Authorities repeals Federal Law No. 7 of 2012 Regulating the Profession of Experts Before Judicial Authorities. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Art. 45)
The law also references and interacts with several other UAE federal laws, including the Civil Transactions Law, the Law of Evidence in Civil and Commercial Transactions, the Civil Procedure Code, the Criminal Procedure Code, the law on Administrative Violations and Penalties, and the Law of Crimes and Penalties. (Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities, 2022, Preamble)
Source Documents
This article analyses Federal Decree by Law Regulating the Profession of Experts before 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.