Unified UAE Legislation Database

Federal Supreme Court - Commercial 
Appeals Nos. 1087, 1161 of 2024 on Expert Reports and Contractual Interpretation

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session of Tuesday, 17 December 2024, 

headed by Judge Shihab Abdulrahman Al-Hammadi, “Head of the Department”, with the membership of Judges Abdullah Boubaker Al-Siri and Sabri Shams Al-Din Mohammed

 

(1-4) The Trial Court: Its authority to interpret contracts, agreements and other documents. “Its authority to respond to the request to replace the expert”. Expert “Authority of the trial court in responding to the request to replace the expert”.

 

(1) Interpretation of contracts, agreements, other documents and expert reports is the authority of the trial court.
The condition for it is that the court shall base its judgement on sound reasons for granting the request to replace the expert with another. It is not binding on it.

 

(2) Referring the parties' objections to the expert's report to the same expert for consideration. Correct. That's right. The matter is entirely at the discretion of the trial court, which is not obliged to follow the litigants in all aspects of their defence as long as it has stated the truth that it is convinced of and provided its evidence.