Introduction: The Evolving Landscape of UAE Arbitration and Witness Evidence in 2025
Arbitration continues to be the preferred dispute resolution mechanism for a vast array of commercial entities operating in the United Arab Emirates (UAE). As the nation fortifies its position as a regional hub for international commerce, the landscape of arbitration is evolving rapidly. A major determinant of arbitral efficiency and fairness is the treatment, roles, and admissibility of witness evidence. In 2025, recent regulatory shifts—driven by Federal Law No. 6 of 2018 on Arbitration (“UAE Arbitration Law”) and further clarified by Cabinet Resolutions and practice directions—demand strategic attention to the nuanced roles witnesses play, and the standards governing their testimony. Ongoing refinements reflect the UAE’s commitment to aligning local practice with global Arbitral trends, safeguarding due process, and enhancing parties’ confidence in the system. This article offers a comprehensive expert analysis, spotlighting new complexities, practical compliance tips, and strategies for businesses, executives, and legal professionals to navigate witness-related issues responsibly and advantageously.
Readers will gain actionable consultancy insights into the impact of 2025 legal updates, compliance risks, significant case scenarios, and pragmatic approaches to witness management under UAE law. These insights are tailored to assist firms in maintaining competitive resilience, ensuring regulatory adherence, and promoting effective dispute resolution strategies in light of the latest legal directives.
Table of Contents
- Legal Framework Governing Witness Evidence in UAE Arbitration
- Witness Roles and Characteristics Under Federal Decree and Practice
- Admissibility Rules and Procedures in 2025: A Practical Breakdown
- Comparative Analysis: Old vs. New Legal Standards
- Strategic Insights: Best Practice Approaches for UAE Companies
- Risks of Non-Compliance and Practical Compliance Strategies
- Case Studies and Hypothetical Scenarios: Witnesses in Action
- Conclusion: Best Practices and Emerging Trends for 2025
Legal Framework Governing Witness Evidence in UAE Arbitration
1. Statutory Foundations: Federal Law No. 6 of 2018 on Arbitration
The principal statute guiding arbitration in the UAE remains Federal Law No. 6 of 2018 (“the Arbitration Law”). Adopted in line with UNCITRAL Model Law, this law forms the scaffolding for admissibility, evaluation, and management of witness evidence. Provisions pertinent to witness roles include:
- Article 33: Outlines parties’ rights to present witnesses (in person, written form, or remotely).
- Article 35: Empowers arbitral tribunals to determine evidence admissibility and allocation of weight.
- Article 25: Requires parties to be treated with equality and given full opportunity to present their case, implicating witness evidence presentation.
2. Supplementary Guidance: Cabinet Resolutions and Practice Directions
Additional regulatory clarity is provided by:
- Cabinet Resolution No. 57 of 2018: Introduced criteria for electronic evidence and accepted methods for remote witness testimony, particularly relevant in pandemic-induced practice changes that have persisted into 2025.
- Ministerial Guidelines: From both the Ministry of Justice and Dubai International Arbitration Centre (DIAC) offer practical instructions on expert witnesses, interpreter protocols, and the handling of sensitive information in witness statements.
3. Influence of International Best Practices
Major UAE arbitration institutions, notably the DIAC and Abu Dhabi Global Market Arbitration Centre (ADGMAC), routinely reference the International Bar Association (IBA) Rules on Taking of Evidence. Although not binding, these guidelines are relied upon for structuring witness procedures, especially in cross-border or high-value commercial cases.
Witness Roles and Characteristics Under Federal Decree and Practice
1. Fact Witnesses versus Expert Witnesses
The UAE Arbitration Law recognises a differentiation:
- Fact Witnesses: Individuals possessing direct, non-expert knowledge of the pertinent facts. These might be employees, contractors, or other individuals actively engaged in the disputed transactions.
- Expert Witnesses: Individuals with specialized technical or professional knowledge relevant to the dispute, often appointed by the parties or the tribunal itself.
2. Witness Qualifications and Limitations
Unlike some common law jurisdictions with extensive witness competency tests, UAE law is pragmatic. Witnesses must generally:
- Be of sound mind, able to comprehend the obligation to tell the truth;
- Disclose any conflicts of interest (mandatory for experts per Ministerial instructions);
- Provide testimony that is relevant, material, and non-redundant.
3. Institutional Trends and Remote Participation
The pandemic catalyzed the normalization of remote witness evidence. DIAC, ADGMAC, and ICC-UAE branches routinely facilitate virtual hearings, e-oath administration, and digital document presentation. 2025 institutional rules now integrate these measures as standard, not exceptional, ensuring efficiency and international compatibility.
Admissibility Rules and Procedures in 2025: A Practical Breakdown
1. Evidentiary Thresholds
Arbitrators enjoy broad discretion regarding admissibility of witness statements but are guided by:
- Relevance and Materiality: The evidence must contribute meaningfully to the dispute’s factual matrix.
- Procedural Fairness: All parties have equal opportunity to challenge testimony via cross-examination or written submissions.
- Written Statements: Increasingly, witness evidence is adduced in the form of pre-submitted, signed statements, streamlining hearing times and focusing oral examination on key points.
2. Objections to Admissibility
Common objections raised and addressed by arbitral tribunals include:
- Lack of firsthand knowledge or expertise (particularly for technical or damage quantification matters);
- Improperly disclosed witnesses or new evidence produced in contravention of procedural timetables;
- Conflicts of interest, particularly with expert witnesses claimed to be impartial but with undisclosed past relationships to the parties.
3. Contemporary Procedures for Witness Examination
Key elements now observed across leading UAE arbitrations in 2025:
- Witness statements are exchanged before hearings, often accompanied by document exhibits;
- Oral testimony focuses on clarifying points of contention, with tribunals actively managing examination scope;
- Videoconferencing remains accepted, governed by protocols to assure identity, ensure non-coaching, and maintain technological integrity.
Comparative Analysis: Old vs. New Legal Standards
To illustrate the evolution in witness roles and admissibility, the following table summarizes key differences between the pre-2018 regime and the post-2018 landscape as applied through 2025 updates:
| Aspect | Pre-2018 (Old Law) | 2018-2025 (New Law & Practice) |
|---|---|---|
| Basis of Law | Civil Procedure Code (Federal Law No. 11/1992), ad hoc rules, limitations on written evidence, less clarity |
Federal Law No. 6/2018, UNCITRAL-based guidance, robust Cabinet Resolutions, digital protocols |
| Witness Statement Format | Ad hoc; mostly oral, written statements often not admitted | Pre-filed written statements common; formal recognition |
| Remote Testimony | Rarely accepted, viewed with suspicion | Widely accepted, governed by institutional protocols |
| Expert Witness Appointment | Court or tribunal-appointed, limited party autonomy | Party-nominated experts common, declaration of independence required |
| Cross-Examination Rights | No clear mechanism; tribunal discretion dominant | Codified right for both sides to examine witnesses |
Visual Suggestion: Place the above table as a colorful infographic for client-facing pages, illustrating the modernization of UAE arbitral witness procedure.
Strategic Insights: Best Practice Approaches for UAE Companies
1. Early Witness Identification and Preparation
Given stricter timetables for witness disclosure and the prominence of pre-submitted written statements, early identification and strategic preparation are vital. Companies should:
- Maintain detailed records and contemporaneous documentation to empower credible witness narratives.
- Engage legal counsel to conduct pre-hearing interviews and mock examinations—ensuring potential witnesses are comfortable, clear, and consistent in their recollections.
- Analyze the risk of bias—especially for longstanding employees or related parties—to address potential challenges to credibility during proceedings.
2. Navigating Expert Testimony Risks
Under Ministerial Guidelines and Cabinet Resolutions, both tribunals and parties face heightened obligations to vet the impartiality and credentials of expert witnesses. To ensure compliance and maximize practical impact:
- Vet expert qualifications and prior affiliations thoroughly.
- Prepare comprehensive expert reports tied to the substantive issues, with clear explanations for methodologies and assumptions.
- Disclose expert appointments in accordance with institutional rules, preemptively addressing possible conflicts of interest.
3. Leveraging Technology in Remote Hearings
As remote testimony and electronic submission of evidence become mainstream, organizations need robust IT protocols, secure platforms, and processes for real-time technical support. Establishing ‘witness rooms,’ distinct from party representation areas, helps preserve evidentiary integrity and independence.
Risks of Non-Compliance and Practical Compliance Strategies
1. Procedural Risks
Failure to adhere to witness disclosure requirements may result in:
- Exclusion of key testimonies;
- Adverse inferences drawn by the arbitral tribunal;
- Delays and possible cost sanctions if procedural schedules are derailed.
2. Substantive Sanctions and Business Impacts
Non-compliance with regulations regarding expert independence, witness coaching, or evidence authenticity may be grounds for:
- Annulment of arbitral awards upon challenge before the UAE courts (under Article 53 of the Arbitration Law);
- Potential reputational harm and loss of future contracting opportunities;
- Civil or even criminal liability if perjury or malicious falsehood is involved.
3. Compliance Checklist for UAE Arbitration Participants
| Checklist Item | Key Action |
|---|---|
| Witness Identification | Initiate as early as possible, confirm relevance and scope |
| Disclosure | Follow tribunal schedule, provide full witness details and outlines |
| Statement Preparation | Legal review, clarity, consistency, adherence to truth |
| Examination Logistics | Secure IT infrastructure and platform for virtual testimony |
| Expert Disclosure | File with declaration of independence, qualifications, and prior affiliations |
| Interpretation | Appoint accredited interpreters if language barriers present |
Visual Suggestion: Transform the above checklist into a downloadable resource or infographic for clients to assess their arbitration readiness.
Case Studies and Hypothetical Scenarios: Witnesses in Action
1. Case Study: Commercial Contract Dispute in Construction
A leading UAE developer faced claim for delay penalties by an international subcontractor. Fact witnesses (construction managers) were challenged on their site diaries and recollections. Under the 2025 procedural direction of DIAC, pre-submitted statements and real-time virtual cross-examinations allowed for focused, efficient handling of discrepancies—arbitral tribunal prioritized written records and neutral expert evidence when oral recollections diverged.
2. Hypothetical: Technology Services Dispute and Remote Expert
A UAE fintech company is engaged in DIFC-LCIA arbitration regarding disputed software functionality. Both parties appointed technical experts based in Europe, testifying remotely. Tribunal directives under Cabinet Resolution No. 57/2018 ensured robust vetting of credentials and highlighted the need for adherence to data security protocols during digital hearings. The award emphasized transparent disclosure and security as key determinants of evidentiary weight, providing a benchmark for future IT-related arbitrations in the UAE.
3. Risk Example: Consequences of Non-Disclosure
A trading firm failed to disclose a last-minute witness who could challenge a crucial invoice. Tribunal rejected the testimony as procedurally irregular, while adverse inferences highlighted the need for rigorous compliance with witness scheduling and transparency—ultimately costing the firm the arbitral award.
Conclusion: Best Practices and Emerging Trends for 2025
The regulatory framework for witness roles and admissibility in UAE arbitration is more robust, transparent, and aligned with international standards than ever before. The imperative for 2025 is clear: success in high-stakes UAE arbitration demands proactive witness strategy, compliance with disclosure and procedural integrity, and readiness for digital innovations in hearing management. Businesses must invest in witness preparation, expert vetting, and legal advisory support that fully reflects the rapid legal updates and increased scrutiny enforced under Federal Law No. 6/2018, associated Cabinet Resolutions, and local institutional rules.
As arbitration becomes increasingly streamlined and technologically enabled, organizations equipped with sound witness management practices will safeguard their dispute resolution interests and avoid the substantive and reputational pitfalls of non-compliance.
Professional Recommendations for UAE Clients:
- Consult with experienced legal advisors on witness and expert selection at the earliest stage of dispute.
- Maintain up-to-date internal compliance frameworks reflecting the latest legal developments.
- Integrate IT and data security best practices to sustain remote arbitration efficiency.
- Continually monitor regulatory and institutional updates to stay ahead of evolving standards.
By doing so, UAE businesses can adapt confidently to the demands of arbitral procedure for 2025 and beyond, ensuring both compliance and commercial advantage.