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Positive developments in the way court experts work!
Sami Al Riyami
reyami@emaratalyoum.comsamialreyami
29 July 2021
Judges in the courts in general and in Dubai in particular in many cases rely on experts, and under this system, the judge gives part of his powers to the expert in various cases, especially those cases that include technical and specialized matters, such as commercial, banking, technical, media or engineering cases. and economics in general, and under this authority the expert meets with the two parties to the dispute and then writes his report to the judge, who in turn relies heavily on this report to issue his judgment.
The experts in the courts, who are accredited and sworn by the court, work in two ways. Either the judges send them the case file and await their technical opinion in their capacity as experts, or the lawyers resort to them to write their technical opinions in support of their pleadings file, and to support their statements in the courts. In both cases, the role of these experts They are important and pivotal, and they have a significant and clear influence on the judge’s judgment, who relies on them almost completely in issuing his judgments in most cases.
In view of the importance and sensitivity of the role of experts, and their pivotal role in judicial rulings, and the need for them to enjoy integrity and impartiality, because without them they can waste people’s rights, and they can affect rulings directly, so there is a great development happening on this system in Dubai Courts, a development that will happen A qualitative leap in the way and mechanism of work of these experts, and perhaps the most important part of this development, is the diligent and serious work of the Department of Expert Affairs in Dubai Courts, by introducing national cadres and expertise in this sector and in this very important field, where a number of Emirati experts were recently selected Various fields, including artistic, media, commercial and even sports, were accredited as experts on issues that suit their specializations and expertise, to be of assistance and support to the judges.
It is no secret to anyone the importance of nationalizing, or at least strengthening this sector with national experts, especially since we have many national competencies and expertise in almost all fields, and their competencies and experiences are no less than any other experts, and they can be sought and strengthened and their presence and efficiency enhanced through the assistance of their opinion. In addition to that, it is also no secret to anyone that the current system uses experts who, in fact, practice the same professions that are the subject of difference, and are almost the same market, and their complete impartiality cannot be guaranteed, and the temptations that they may encounter are very great, which may lead to bias or Corruption, which is a possibility, and there will always be a possibility of its occurrence, and it cannot be guaranteed that it will never happen.
In order to solve this problem in particular, the new system for the use of experts has created an excellent system to restrict the expert’s work, by obligating the presence of another expert, who is mostly national competencies, to witness the expert’s sessions with the lawyer of each party, and eventually see the final report of the main expert , with the aim of ensuring the integrity and impartiality of the expert, and not taking sides with any party, and this is a very important step that will constitute a qualitative leap to guarantee rights and achieve truth and justice, with complete integrity that satisfies everyone!
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reyami@emaratalyoum.com