Part 4 of a 10-part series for clients navigating a dispute before the DIFC Courts or in DIAC arbitration.
The detailed rules governing your expert's conduct and their report depend on which forum is actually dealing with your dispute. Getting this wrong — or simply not asking — is one of the easiest ways to lose time and money early on.
If you're in DIFC Courts litigation
Expert evidence is governed by Part 31 of the Rules of the DIFC Courts (Experts and Assessors), together with the Schedule to Part 31, which sets out a detailed Protocol for the Instruction of Experts. This Part covers the expert's duty, the required content of a written report, and the specific wording of the statement of truth that must accompany it.
If you're in DIAC arbitration
The DIAC Arbitration Rules 2022 give the arbitral tribunal broad case-management powers over evidence — including the power to order document production and inspection, and to appoint its own independent expert on specific issues.
What the Rules don't do is prescribe the detailed content of a party-appointed expert's report. That's normally fixed by the tribunal itself, in a procedural order or Terms of Reference — very often by adopting, in whole or in part, the IBA Rules on the Taking of Evidence in International Arbitration (particularly Articles 5 and 6, which deal with party-appointed and tribunal-appointed experts respectively).
The practical takeaway
Ask early — ideally at the first procedural conference or case management stage — exactly which rules, protocol, or procedural order will govern the form and content of expert evidence in your matter.
Don't assume your requirements are the same as in a case you've heard about, and don't assume they're the same as under English or other foreign court rules, even where the language sounds familiar. DIFC Court practice and DIAC arbitration practice both borrow heavily from international norms, but the specifics — timing, format, statement wording — can and do differ from case to case. Confirm the current position for your specific proceedings before your expert starts drafting anything.
Next: Part 5 — Engaging Your Expert.