Expert Witness Services
FIDIC Expert Witness — Dubai and the UAE
Independent expert reports for construction arbitration and litigation. CPR Part 35 and IBA Rules compliant in structure, with a clear separation of fact, assumption and opinion.
DIAC Arbitrator · Tribunal Chairman · Accredited Expert Witness · FIDIC Red / Yellow / Silver / Gold · UAE Federal Arbitration Law No. 6 of 2018
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Request the credentials pack
Counsel needs an expert who understands programmes — and who tribunals will believe.
Construction arbitrations are won or lost on the strength of expert evidence. The problem most counsel face is finding an expert who is technically credible (an actual engineer, with site experience), procedurally compliant (CPR Part 35, IBA Rules, independence requirements), and able to write a report a tribunal can follow without translation. Few candidates meet all three.
That is the standard we deliver, on every instruction.
What we deliver
Expert services tailored to the stage of arbitration, from primary report through to oral evidence and award.
Independent Expert Report
CPR Part 35 / IBA Rules compliant report on technical, programme, quantum or causation issues. Structured with clear separation of fact, assumption and opinion.
Joint Expert Statement
Pre-trial joint statement following expert meeting, identifying agreed and disputed issues with reasoned positions on each.
Cross-Examination and Hot-Tubbing Support
Pre-hearing preparation with counsel and full availability for oral evidence and concurrent expert sessions.
Counter-Report and Rebuttal
Critical analysis of opposing expert evidence with supplementary report addressing methodology, assumptions, and conclusions.
Why UAE construction teams choose E-Basel
Engineer, not just lawyerWe are civil engineers first. Our reports stand up in arbitration because they are built on programme logic and site reality — not legal abstraction. Law firms instruct us; tribunals trust the technical foundation. |
UAE-specific, bilingualEvery report is grounded in FIDIC, UAE Federal Civil Code, and the practice of DIAC, ADCCAC, DIFC-LCIA and the onshore courts. Reports delivered in English, Arabic, or both — without translation drift. |
Accredited and independentBasel Al Najjar sits as DIAC Arbitrator, Tribunal Chairman and Independent Expert on high-value disputes. Expert instruction comes with the independence and objectivity tribunals expect from an accredited expert. |
From letter of instruction to oral evidence
A methodical four-stage process, from disclosure review through to full engagement at hearing and in the award.
- 1
Letter of Instruction Review
We confirm scope, conflicts, independence and the questions to be addressed before accepting instruction.
- 2
Records and Disclosure Review
Programmes, correspondence, contemporaneous records, prior expert reports, and pleadings.
- 3
Independent Analysis and Drafting
Methodology applied transparently. Assumptions stated. Opinion clearly distinguished from fact. CPR Part 35 / IBA Rules declarations included.
- 4
Joint Statement, Cross-Examination, Award
Engagement through expert meeting, hearing, and where appropriate, the award.
Representative matters
Selected matters handled. Names and commercial details anonymised to protect client confidentiality. For verified references, request the credentials pack.
Tribunal Chairman — Multi-Party Interior Fit-Out Dispute
Role: Tribunal Chairman
Seat: DIAC
Issue: Multi-party interior fit-out dispute between developer, main contractor and nominated subcontractor over scope, defects and payment.
Outcome: Final award issued.
Independent Expert — Concurrent Delay Analysis
Role: Independent expert on delay
Contract: FIDIC Yellow Book 2017
Issue: Competing contractor and employer delay events on the critical path; concurrent delay analysis under SCL Protocol principles.
Outcome: Expert report delivered; apportioned liability accepted by tribunal.
Quantum Expert — EPC Hospitality Variations
Role: Quantum expert
Contract: FIDIC Silver Book 1999
Issue: Valuation of multiple variations under Clause 13 — scope, pricing mechanism and reasonable cost.
Outcome: Independent quantum report; variation entitlement substantiated.
Credentials that stand up in a tribunal
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Eng. Mohamad Basel Al NajjarCivil Engineering Consultant · DIAC Arbitrator · Tribunal Chairman · Accredited Expert Witness |
Accreditations: DIAC Arbitrator · Chartered Arbitrator · Accredited Expert Witness
Experience: Over two decades in UAE construction. Served as Arbitrator, Tribunal Chairman and Independent Expert on high-value, multi-party disputes. Reports delivered to DIAC, ADCCAC, DIFC-LCIA and ad hoc tribunals.
Standards applied: FIDIC 1999 & 2017 editions · CPR Part 35 · IBA Rules on the Taking of Evidence · SCL Delay & Disruption Protocol · AACE International RP 29R-03 · UAE Federal Arbitration Law No. 6 of 2018
Sectors: High-rise residential and mixed-use · Hospitality · Commercial fit-out · Infrastructure · EPC oil & gas interfaces · Authority-facing works (Trakhees, DM, DDA, DEWA)
E-Basel maintains the independence and objectivity required of an independent expert. We accept instruction from any party — contractor, employer, or counsel — and our opinions are owed first to the tribunal.
Counsel preparing for arbitration?
The expert is most valuable when instructed early. A 30-minute call at the disclosure stage shapes the case theory; a 30-minute call at the eve of hearing limits what can be done.
Common questions
What standards do your reports comply with?
Reports are structured to comply with CPR Part 35 (where the seat or governing law makes it relevant), the IBA Rules on the Taking of Evidence, and the independence and objectivity requirements applicable across DIAC, ADCCAC, DIFC-LCIA and ad hoc arbitrations.
Do you accept instruction from either party, or only one side?
We accept instruction from any party — contractor, employer, or counsel — and our opinions are owed first to the tribunal. Independence is preserved regardless of who pays the fee.
Can you act as a single joint expert?
Yes. Where the parties agree to a single joint expert, we accept instruction on terms that protect independence and ensure both parties have equal access to draft conclusions.
How quickly can you deliver an expert report?
Standard delivery is six to ten weeks from receipt of all instruction materials, depending on volume of records and complexity of issues. Expedited timetables are accommodated where the matter justifies the cost.
Do you give oral evidence at the hearing?
Yes. Cross-examination and hot-tubbing are part of the engagement on every report we produce.
Building the case, or testing the opposing expert?
Whether you need a primary expert report, a joint statement, a counter-report, or pre-hearing preparation, the work is the same: factual, structured, and written to the standard a tribunal expects.
Book a 30-Minute Case Assessment →
Offices in Dubai · Available for instructions across the UAE and GCC
Other E-Basel services
Construction Claims Consultant ·
Delay Analysis Expert ·
Construction Arbitrator
