Part 1 of a 10-part series for clients navigating a dispute before the DIFC Courts or in DIAC arbitration.
If someone has told you that you need an "expert witness," or you've already appointed one and aren't quite sure what happens next, this series is for you. It's written for people managing a dispute themselves — or who are in the early stages of a claim, before formal legal representation is fully in place.
Here's the thing most clients don't expect: an expert witness is not simply a technical adviser working for you. The moment someone accepts an appointment as an expert witness before the DIFC Courts or a DIAC arbitral tribunal, they take on legal responsibilities that exist independently of your instructions — and independently of who's paying their fee.
Understanding this early will help you work with your expert productively, avoid unnecessary delay, and — just as importantly — avoid the kinds of well-intentioned mistakes that can quietly weaken your case rather than strengthen it.
What this series covers
Over the next nine posts, we'll walk through:
- The difference between an expert witness, a witness of fact, and an advocate
- The expert's overriding duty — and why it isn't to you
- Which rules apply depending on whether you're in DIFC Court litigation or DIAC arbitration
- How to properly engage and instruct an expert
- What happens during site inspections and evidence gathering
- What a compliant expert report actually needs to contain
- What happens if your expert's opinion changes partway through
- How joint meetings between experts and Scott Schedules work
- Tribunal-appointed experts, fee arrangements, and why the expert shouldn't also be your advocate
None of this is legal advice, and it isn't a substitute for the specific procedural order or terms of reference in your matter — institutional rules are amended from time to time, so always confirm the current position with your expert, the relevant institution, or a qualified lawyer. But it will give you a solid, practical footing before you take the next step.
Next: Part 2 — Expert Witness, Witness of Fact, or Advocate?