Part 7 of a 10-part series for clients navigating a dispute before the DIFC Courts or in DIAC arbitration.
The precise formatting requirements for an expert report differ between the DIFC Courts and DIAC arbitration, as we covered in Part 4. But regardless of forum, a properly prepared expert report will typically address the same core ground.
The essentials
- The expert's relevant qualifications and experience, proportionate to the complexity of the case
- The substance of the instructions received, including the specific questions the expert was asked to answer
- All facts material to the opinion, with a clear distinction between facts within the expert's own knowledge, facts they've been instructed to assume, and facts they've simply assumed themselves
- The methodology used for any test, measurement, calculation, or survey — including who carried it out and under whose supervision
- Where there's a genuine range of professional opinion on an issue, a summary of that range and the reasons for the expert's own position within it
- Any qualification on the opinion — for example, where further information is needed before a final view can be given
- A clear summary of conclusions
Verification: the statement of truth or declaration
Both regimes also require some form of formal verification.
Before the DIFC Courts, RDC Part 31 prescribes a specific statement of truth, confirming that facts within the expert's own knowledge are true, and that the opinions expressed are the expert's genuine and complete professional opinion.
In DIAC arbitration, there's no single universal wording. The equivalent is usually a declaration of independence and a statement affirming the expert's genuine belief in their opinions, in whatever form is required by the tribunal's procedural order — often shaped by Article 5.2(c) of the IBA Rules on the Taking of Evidence.
The practical point
Ask your expert, at the outset, exactly which form of statement of truth or declaration applies to your matter — and confirm it matches the current wording actually required by the DIFC Courts or the applicable procedural order. Don't assume last year's template, or one used in a different jurisdiction, is still correct. This is a small thing to check that can otherwise create an unnecessary procedural headache later.
Next: Part 8 — If the Expert's Opinion Changes.