قانون التقاضي المدني في الإماراتمرسوم بقانون اتحادي في شأن تنظيم مهنة الخبرة أمام الجهات القضائية

Article (1) Definitions For the purposes of applying the provisions of the Present Decree-Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise: 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.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 3 The Committee: The Experts' Affairs Committee formed under Article (21) of the present Decree-Law. The Board: The Experts and Expert Firms Disciplinary Board established under Article (24) of the present Decree-Law. 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, as the case may be, by experts to submit their technical or scientific reports to the Competent Judicial Authority as per the areas of their specialties. 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, as the case may be, by the Expert to express a verbal or written technical opinion in any case or incident assigned thereto. Expert: A natural person licensed to practice the profession of experts, whether he is appointed in the Ministry or registered in the Roster. Expert Firm: A legal person licensed to practice the Profession of Experts in the State and registered in the Roster, including local and international expert firms.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 4 Technical Inspector: An expert with relevant knowledge and experience who is appointed in the Competent Department and who performs technical audit and inspection of the Expert Services and follows up on their reports and technical competent in the actions assigned thereto. The Code of Conduct: A set of professional, ethical and behavioral norms and rules which the Expert and Expert Firms shall adhere to when performing the expert Services.

Article (4) Practice of the Profession of Experts 1. Any expert or expert firms not registered in the Roster may not practice the Profession of Experts before the judicial authorities in the State. 2. Notwithstanding the provision of Clause (1) of this Article, the litigants may agree to assign an Expert or Expert Firm who is not registered in the Roaster to prepare a report on the dispute pending before the Competent Judicial Authority or on part thereof, provided that the Competent Judicial Authority approves their agreement. The judicial authority may seek assistance of unregistered experts or expert firms. 3. The Executive Regulations of the present Decree-Law shall set the controls for seeking assistance of unregistered Experts or Expert Firms, referred to in Clause (2) of this Article.

Article (5) The Roster of Experts and Expert Firms 1. There shall be created, at the Ministry, a Roster for registering Experts and Expert Firms in the specialties for which they are registered. Each Expert shall have a file in which anything related to the affairs related to the practice of the profession shall be recorded. 2. All information about Experts and Expert Firms determined by the Executive Regulations of the present Decree-Law and any update thereto shall be recorded in the Roster. 3. By virtue of a resolution of the Minister, the classification, categories and specialties of Experts and the controls and requirements for determining the technical specialties whereby Experts are licensed, depending on the needs of the competent judicial authorities.

Article (6) Conditions of Registration of the Expert in the Roster

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Federal Decree by Law of 2022 Regulating the Profession of Experts 6 In order for an Expert to be registered in the Roster, the following conditions shall be fulfilled: 1. He shall be fully competent and medically fit. 2. He shall be of good conduct and good reputation, and shall have never been convicted of a felony or a crime involving moral turpitude or dishonesty, if he had been rehabilitated. 3. He shall have a university degree from one of the universities or higher institutes accredited in the State in the area of specialization for which his registration is required. 4. His practical experience in the area of experience for which registration is required shall not be less than five (5) years for nationals and fifteen (15) years for non-nationals. 5. The number of areas of specialization for which his registration in the Roster is required shall not exceed two areas in the same business sector. 6. He shall have the approval of the entity he works for or the holder of a valid commercial license in the same specialization for which his registration is required or shall work by such license. 7. He shall attend the training courses designated for Experts and organized or determined by the Ministry, in accordance with the training plan approved thereby in this regard. 8. He shall pass the examinations determined by the Ministry. 9. He provide a valid professional liability insurance policy issued by one of the insurance companies licensed to operate in the State, unless the Expert's liability is covered by an insurance policy of the Expert Firm for which he works, in accordance with the controls set by the Minister.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 7 10. He shall have never been struck off the Roster, in implementation of a decision by the Board or the Competent Court of Appeal, unless three (3) years has been elapsed since the issuance of the decision or judgment. 11. He shall pay the prescribed fees.

Article (7) Conditions of Registration of Expert Firms in the Roster In order for an Expert Firm to be registered in the Roster, the following conditions shall be fulfilled: 1. As for local Expert Firms: a. It shall be licensed to operate in the State by the Competent Licensing Authority, and its license shall be valid. b. Its supervising manager shall be an Expert registered in the Roster. c. The number of Experts in the local Expert Firm shall not be less than four (4) Experts, provided that they are registered in the Roster. d. The number of areas of specialization for which its registration in the Roster is required shall not exceed four areas of specialization. e. It shall provide a valid professional liability insurance policy for the benefit of the Ministry throughout the duration of the registration. Such insurance policy shall be issued by one of the insurance companies licensed to operate in the State, in accordance with the controls set by the Minister. f. It shall pay the prescribed fees. 2. As for international Expert Firms: a. It shall be licensed to operate in the State by the Competent Licensing Authority, and its license shall be valid.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 8 b. Its provide a valid license of the main branch outside the State, in addition to providing valid licenses of at least two branches thereof in different states. c. Its practical experience in the area of specialization for which registration is required shall not be less than ten (10) years. d. Its supervising manager shall be an Expert registered in the Roster. e. The number of Experts in the international Expert Firm shall not be less than five (5) Experts, who shall be residents in the State and qualified, provided that their documents and resumes which meet the conditions are submitted to the Committee for approval of the area of experience required. f. The number of areas of specialization for which its registration in the Roster is required shall not exceed five areas of specialization. g. It shall provide a valid professional liability insurance policy issued by one of the insurance companies licensed to operate in the State, in accordance with the controls set by the Minister. h. It shall pay the prescribed fees.

Article (8) Exemption from Certain Conditions of Registration in the Roster The Committee may exempt some natural persons or Expert Firms from certain conditions of registration in the Roster, set forth in Articles (6) and (7) of the present Decree-Law, in any of the following two cases: 1. Licensing employees of the government agencies; 2. Any Expert who has been registered in the Roster prior to the entry into force of the present Decree-Law, in the event that the Committee finds that he has the necessary competency and experience through reviewing his record and the number of expert services which have been assigned to him and he has accomplished.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 9 3. Persons with scarce expertise, in cases where there are no similar Experts registered in the Roster, or their number is insufficient.

Article (9) Procedures for Registration in the Roster 1. The Committee shall examine the application for registration in the Roster in accordance with the conditions and controls set by the Executive Regulations of the present Decree-Law. 2. The Committee shall decide on the application within sixty (60) days from the date of submission and notify the applicant of the decision within ten (10) working days. Any Expert whose application has been rejected may challenge the decision issued by the Committee before the competent court within thirty (30) days from the date of being notified thereof or the lapse of the period for decision on the application without reply. The judgment rendered in this regard shall be final. 3. Any Expert whose application has been rejected may submit a new application after no less than six (6) months from the date of rejection of the application for registration.

Article (10) Term of Registration in the Roster 1. The term of registration of the Expert and Expert Firm in Roster shall be three (3) renewable years, provided that the renewal application is submitted at least thirty (30) days prior to its expiration date in accordance with the same conditions of registration for the first time. 2. No new tasks shall be assigned to the Expert or Expert Firm from the expiration date of their respective registration until the renewal thereof. 3. Failure to submit an application for renewal of registration after ninety (90) days from its expiration date shall entail striking off the Roster.

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Federal Decree by Law of 2022 Regulating the Profession of Experts 10

Article (13) Ceasing to Practice the Profession of Experts 1. The Expert or the Expert Firm, as the case may be, may cease to practice the Profession of Experts if there is an impediment to the practice of the profession, provided that the Competent Department is notified of cessation to practice the profession as determined by the Executive Regulations of the present Decree-Law. 2. The period of cessation to practice the Profession of Experts shall be counted in the term

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Federal Decree by Law of 2022 Regulating the Profession of Experts 11 of registration in the Roster. He may apply for re-practicing the same when such impediment is removed, provided that the conditions of practicing the profession and validity of his registration.

Article (14) Obligations of Experts Upon practicing the Profession of Experts, the Expert shall abide by the following: 1. Carrying out the Expert Services accurately, honestly and sincerely and in such a manner that preserves its dignity and honor and respecting the principles and traditions of the profession in accordance with the Code of Conduct; 2. Performing the task assigned thereto on his own. The Expert and Expert Firm may seek assistance of any experts working therewith in performing the task assigned thereto, provided that the same is under his responsibility and supervision; 3. Not disclosing the information to which he has access by virtue of his performance of the Expert Services; 4. He or any of his relatives up to the fourth degree shall not have any direct or indirect interest in any work related to the merits of the case in which he provides Expert Services; 5. If the Expert is a public official, the entity he works for shall not be a party to the dispute pending; 6. He shall not accept to provide the Expert Services in a dispute on which he has previously been consulted by a party thereto, even if verbally, or the documents of which has been accessed thereby or on which he has previously issued any Expert's consulting reports upon referring the matter to courts; 7. Improving and developing his skills in the area of specialization for which he is

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Federal Decree by Law of 2022 Regulating the Profession of Experts 12 licensed, with a minimum of thirty (30) training hours every year or according to the training plan approved by the Ministry; 8. His name and registration number and the name of the Expert Firm he works for shall be affixed to all prints, correspondence, certificates and reports signed thereby; 9. Notifying the Ministry of his address and of any change to it and updating his data with the Ministry within one month from the date of such change; 10. Performing all actions related to the Expert Services and responding to the competent judicial authorities if he is called for discussion and clarification on the date scheduled by such authorities; 11. Keeping a special record in which he records the information on the Expert Services he has accomplished; and 12. Keeping a true copy of the report he has prepared for at least five (5) years, commending from the date of filing the report with the competent court or delivering the same to the party requesting the report.

Article (18) Procedures for Assessment of the Expert's Work 1. The Competent Department shall prepare an annual performance report to assess the Expert's work in accordance with the criteria and forms determined by the Executive Regulations of the present Decree-Law. 2. The Expert's technical assessment report shall be deposited in his personal file with the Competent Department after serving a copy thereof on the Expert, and no person other

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Federal Decree by Law of 2022 Regulating the Profession of Experts 14 than the Competent Department, the Expert concerned with the report and the Committee shall have access to such report. 3. The Competent Department shall deliver the performance report to the Expert within ten (10) working days from the date of approval of the report by the Competent Department. The Expert may lodge a complaint in writing about the technical assessment report with the Committee within thirty (30) days from the day following the date of being notified of the report. 4. The Committee shall issue its decision on the complaint, whether rejecting the same or amending the result of the technical assessment, within thirty (30) days from the date of lodging the complaint, and the decision issued thereby on the complaint shall be final and may not be appealed before any entity.

Article (19) Effects of the Result of the Assessment In the event that the Expert's technical assessment result is average or poor, the Committee shall take any of the following actions and measures against the Expert as it deems appropriate, according to the following sequence: 1. Sending a written warning to the Expert to address the causes of his poor performance if he gets such assessment score for the first time; 2. Obligating the Expert to take specialized training courses and pass the tests determined by the Committee; 3. Suspending the Expert from providing the Expert Services before the competent judicial authorities for a period not exceeding six (6) months, in the case that he gets such assessment score after receiving a written warning or after being obligated to take specialized training courses and passing the tests determined by the Committee; or

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Federal Decree by Law of 2022 Regulating the Profession of Experts 15 4. Striking the Expert off the Roster in the case that he repeatedly gets such assessment score after being suspended from providing the Expert Services.

Article (20) Cases of Striking the Expert or Expert Firm off the Roster The Expert and Expert Firm shall be struck off the Roster by virtue of a decision issued by the Committee in any of the following cases: 1. As for the Expert: a. If he no longer fulfills any of the conditions of registration; b. If he becomes unable to perform his work due to his health condition, based on a report to be issued by a specialized medical committee; c. If he repeatedly gets an average or poor technical assessment; or d. At a request submitted by him. 2. As for the Expert Firm: a. If it no longer fulfills any of the conditions of registration; b. If it does not renew its registration within the time limit referred to in Article (10) of the present Decree-Law; or c. At a request submitted by the legal representative of the Expert Firm.

Article (22) Competences of the Experts' Affairs Committee The Committee shall be competent to: a. Examine and decide on applications for registration of Experts and Expert Firms in the Roster and applications for canceling the registration and ceasing to practice the Profession of Experts submitted by the Expert or Expert Firm, as the case may be, as determined by the Executive Regulations of the present Decree-Law; b. Examine complaints related to the Experts and Expert Firms to decide either to dismiss the complaint or refer the same to the Public Prosecution; c. Examine the reports submitted thereto on the Experts and Expert Firms and take the necessary action, as determined by the Executive Regulations of the present Decree-Law; d. Examine complaints lodged by the Expert about the annual performance assessment report; and e. Perform any other competences assigned thereto under the present Decree-Law and the resolutions issued hereunder.

Article (27) Hearings of the Board and Appealing its Judgments 1. The Board's hearings shall be held in camera and the Expert or the Director of the Expert Firm, as the case may be, shall appear in person before the Board and may submit his defense in writing or seek the assistance of an attorney. 2. If Expert or the Director of the Expert Firm fails to appear, the judgment may be delivered in absentia after verifying the notification thereof. In such case, The Expert or Expert Firm shall be notified of the decision within ten (10) days from the date of issuance thereof. 3. The Public Prosecution and the Expert or Expert Firm may appeal the judgment delivered by the Board before the Competent Court of Appeal within thirty (30) days from the date of issuing the decision if issued in presence of the Expert, and from the date of notifying the Expert or the Director of the Expert Firm of the decision if issued in absentia. 4. No Expert or Expert Firm shall be prejudiced by appealing the judgment delivered against them by the Board.

Article (30) Expert's Fees and Expenses Allowance 1. The Expert and Expert Firm are entitled to receive the fees and expenses allowance estimated by the Competent Judicial Authority or agreed upon by the litigants, as the case may be, after completing the Expert Services required, at the request of the Expert or Expert Firm. They may request to disburse part of the fees at any stage. 2. The Competent Judicial Authority shall take into account, when determining the fees and expenses allowance, the classification of the Expert and Expert Firm, in addition to the following controls related to the assigned task: a. The size and complexity of the assigned task; b. The tasks performed thereby, the time taken to complete the same, and their implementation stages; c. The extent of his commitment to implement the assigned task, and how he covers all its elements; d. The quality of the Expert Services rendered thereby, and the achievement of the goal for which he has been assigned; e. The extent of his adherence to the rules of performing the Expert Services; f. The result of the technical assessment of his performance when accomplishing the assigned task; and g. The expenses verified by the Competent Judicial Authority to have been incurred thereby due to the performance of the necessary and required Expert Services to

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Federal Decree by Law of 2022 Regulating the Profession of Experts 20 accomplish the assigned task, including the cost of preparing the place of meeting with the disputants, the travel expenses incurred for inspection, the fees paid for obtaining any papers, certificates, maps or documents, and the fees paid to any specialists and technicians hired for tasks that fall outside the scope of his specialization.

Article (38) Appointment of the Technical Inspector and Determination of

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Federal Decree by Law of 2022 Regulating the Profession of Experts 22 His Tasks 1. The Minister may appoint Experts with knowledge and experience at the Ministry to perform Expert Services in cases of a special nature, audit and technical inspection over the registered Experts' work and follow up on their reports in the actions assigned thereto, in cooperation of the Judicial Inspection Department at the Ministry. 2. The Executive Regulations of the present Decree-Law shall set the conditions of appointment of the Experts referred to in Clause (1) of this Article and determine their tasks and powers and the nature of inspection tasks over the Expert Services assigned to them.