Legal Insights | Episode 5 | The role of experts in onshore proceedings | Part 1 (Arabic)

In this episode, Sherif Maher and Abdelmajid Alsalous engage in an in-depth discussion on the role and significance of court-appointed experts in litigation. They are joined by Ms. Ishraga Abutaha, one of the leading experts in the fields of intellectual property and international arbitration.

The series is divided into three parts. In this first instalment, they explore the procedures that typically take place before and after the appointment of a court expert. The primary function of a court-appointed expert is to independently assess and determine the technical issues in dispute. Courts may appoint experts to investigate matters to provide impartial opinions in cases involving construction, engineering, accounting, intellectual property, trademarks, and a wide range of other commercial disputes. While experts do not decide the outcome of a case, they provide the technical analysis necessary to assist the judge in reaching an informed decision.

Once appointed, the expert conducts a thorough review of the case by examining the case papers, requesting additional documentation where necessary, meeting with the parties, carrying out site inspections (when appropriate), and analysing the available evidence. The expert then prepares a comprehensive report addressing the matters referred to by the court. Although parties have the right to submit their comments, objections, and supporting evidence throughout the process such submissions may significantly influence the expert’s assessment. In this discussion, we also examine Ms. Ishraga Abutaha’s perspectives on the preparation of initial and final expert reports and their role in court proceedings.

Read in Arabic