FIDIC / Legal Reference: N/A — procedural and evidentiary role in arbitration
An independent specialist appointed to provide the tribunal with expert opinion on technical or professional matters. The expert witness’s overriding duty is to the tribunal — not to the appointing party. In UAE construction arbitrations, delay and quantum experts are most frequently appointed.
What it means in practice
Expert witnesses in construction disputes may be appointed by a party (party-appointed expert) or by the tribunal (tribunal-appointed expert). Party-appointed experts are required to be independent and objective — their duty to the tribunal overrides any duty to the instructing party.
The most common types of expert in UAE construction arbitrations are: delay experts (who analyse programme records), quantum experts (who quantify financial claims), and technical experts (who address design compliance, workmanship standards, or causation of defects).
Where disputes arise
The credibility and independence of the expert witness is critical. Arbitrators are experienced in identifying experts who have shaped their evidence to support the appointing party’s position. An expert seen as a hired gun loses credibility rapidly.
UAE Context
UAE arbitrations increasingly require expert witness evidence presented in a structured, internationally recognised format — including expert reports, supplemental reports responding to the opposing expert, and oral examination at hearing.
Related terms
e-Basel provides independent expert witness services in construction delay, quantum, and FIDIC contract administration for UAE and international arbitrations.
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