Witness Statement (UAE)

A Witness Statement in the United Arab Emirates is a formal written document in which a witness sets out, in their own words and in numbered paragraphs, the factual evidence they are able to give in civil, commercial, or arbitral proceedings. Used before the Dubai Courts, the Abu Dhabi Judicial Department (ADJD), the DIFC Courts, the ADGM Courts, and in arbitration before the Dubai International Arbitration Centre (DIAC) under Federal Law No. 6 of 2018 (the Federal Arbitration Law), the witness statement serves as the record of the witness's evidence, enabling the court or tribunal to assess the evidence in advance of the hearing and reducing the time needed for oral examination.

The role of written witness statements in UAE legal proceedings varies significantly depending on the forum. Before the federal and emirate courts — Dubai Courts and the ADJD — governed by Federal Decree-Law No. 42 of 2022 on Civil Procedure, oral testimony given at a formal hearing (shahadah) before the judge is the primary mechanism for witness evidence. A judge may examine witnesses orally, ask questions, and weigh credibility. Written witness statements submitted in advance are less common in standard federal court proceedings but are regularly used to organise and document a witness's position before they are called to the stand.

In DIFC Courts and ADGM Courts, which apply common-law procedural principles derived from English practice, written witness statements are standard. Parties exchange witness statements in advance as part of the pre-hearing timetable, and the statement 'stands as the witness's evidence in chief', meaning the witness confirms the statement at the hearing and is then cross-examined by the opposing party, rather than giving evidence orally from scratch. The DIFC Courts Civil Procedure Rules and the ADGM Courts Practice Directions both provide for witness statements in this common-law format.

In DIAC arbitration under Federal Law No. 6 of 2018 and the DIAC Arbitration Rules 2022, the arbitral tribunal has broad discretion over the form of evidence. Most DIAC proceedings with international parties use written witness statements exchanged simultaneously by both sides, consistent with international commercial arbitration practice under the IBA Rules on the Taking of Evidence in International Arbitration. The witness statement identifies the witness, describes their connection to the facts, and sets out the relevant evidence in numbered paragraphs, with exhibits identified by reference.

The UAE Civil Code — Federal Law No. 5 of 1985 — and the UAE Civil Procedure Law — Federal Decree-Law No. 42 of 2022 — both recognise witness testimony as a form of evidence in civil proceedings, and the Federal Penal Code makes it a criminal offence to give false testimony (zoor shahadah) before a UAE court. For proceedings before the DIFC Courts and ADGM Courts, the rules of evidence in those jurisdictions apply the equivalent common-law principle that a witness who makes a false statement may be prosecuted for perjury or contempt of court.

A Witness Statement in the United Arab Emirates is needed when a party to civil, commercial, or arbitral proceedings wants to record and present the factual evidence of a person with direct knowledge of the events in dispute.

A Witness Statement is needed in DIAC arbitration proceedings. Under the DIAC Arbitration Rules 2022 and the Federal Arbitration Law — Federal Law No. 6 of 2018 — parties routinely exchange written witness statements as part of the documentary phase of arbitral proceedings. A party who fails to submit a witness statement from a witness with material evidence may be unable to call that witness at the hearing, and the tribunal will proceed on the available evidence.

A Witness Statement is needed in DIFC Courts proceedings. The DIFC Courts Civil Procedure Rules require parties to exchange witness statements in advance of the trial hearing; a party who has not filed a statement for a witness may be refused permission to call that witness at trial.

A Witness Statement is needed in commercial contract disputes where the facts are contested and the documentary record is incomplete. A project manager who witnessed the delivery of defective goods, an accountant who prepared disputed financial statements, or an employee who was present when an oral agreement was reached — each has evidence that can only be captured and presented through a witness statement.

A Witness Statement is needed in property disputes before the Dubai Courts or the ADJD where a neighbour, a surveyor, or a contractor witnessed relevant events — boundary violations, construction defects, or occupation without consent — that are not captured in documents.

A Witness Statement is needed in employment disputes before the Labour Court or MOHRE conciliation where a colleague, supervisor, or HR officer has direct knowledge of the events giving rise to the claim or defence.

A Witness Statement is needed as a supporting document in criminal proceedings where a witness to a fraud, a road traffic accident, or a physical assault is asked by the Public Prosecution or the UAE Police to formalise their account before it is presented to the court.

A Witness Statement for UAE court and arbitration proceedings must contain specific elements to be admissible as evidence and credible before the Dubai Courts, the Abu Dhabi Judicial Department (ADJD), the DIFC Courts, the ADGM Courts, or a DIAC arbitral tribunal under Federal Decree-Law No. 42 of 2022 on Civil Procedure and Federal Law No. 6 of 2018.

Witness Identification: The full legal name, nationality, Emirates ID or passport number, residential or business address, and occupation of the witness. These details verify the witness's identity, their connection to the UAE, and their capacity to give evidence.

Proceeding Reference: The case or arbitration reference number, the court or tribunal, and the party on whose behalf the statement is made, which links the statement to the specific proceedings.

Introduction and Qualification: A paragraph describing who the witness is, how they came to have knowledge of the events in issue, and their role — for example, as a party to the contract, an employee of one party, an independent expert, or an eyewitness. This context helps the court or tribunal assess the weight of the evidence.

Statement of Facts in Numbered Paragraphs: The core of the document. Facts should be set out in chronological order, one point per paragraph, in simple and direct language. Each paragraph should deal with a single event, date, or fact. The witness must state only matters within their own knowledge and must distinguish between what they saw or did personally and what they were told by others (which is hearsay and may be given less weight).

Exhibit References: Where the witness refers to documents — contracts, invoices, photographs, reports, correspondence — each document should be identified as an exhibit with a unique reference (e.g., KAZ-1, KAZ-2) and listed at the end of the statement. The originals or certified copies should be bundled and produced with the statement.

Statement of Truth: A declaration by the witness that the statement is true and accurate to the best of their knowledge and belief, signed and dated, which in UAE proceedings and international arbitration serves as the witness's undertaking as to the truthfulness of the evidence.

forms-legal.com provides this template as a starting point; witnesses should prepare statements with the assistance of the advocate for the party on whose behalf they are giving evidence, to ensure the statement is properly structured for the specific forum.

Completing a Witness Statement for UAE proceedings requires careful drafting so that the evidence is clear, complete, and limited to the witness's own knowledge.

Step one is to enter the witness's details. Record the full legal name exactly as shown on the Emirates ID or passport, the nationality, the identification number, the address, and the occupation and employer. Where the witness's occupation is relevant to their qualifications to give evidence — for example, a structural engineer giving evidence on a construction defect — the occupation entry should be detailed.

Step two is to record the case reference. Enter the exact case or arbitration number as shown in the court or tribunal's records, and identify whether the statement is made on behalf of the claimant or the defendant. This is important because the court's file management depends on the correct case reference.

Step three is to write the introduction. Describe who the witness is, how they came to be involved with the events in question, and why they are in a position to give relevant evidence. Avoid advocacy or legal argument in the introduction; it should simply explain the witness's connection to the facts.

Step four is to draft the statement of facts. Write in numbered paragraphs, each dealing with a single event or point, in chronological order. Use plain, direct language — write 'On 15 March 2025, I attended the site at Meydan and saw the defective piles' rather than 'It was the case that at some stage a site visit occurred.' State only what the witness knows personally; where the witness was told something by another person, say so explicitly and identify who told them, because the court will give less weight to second-hand evidence.

Step five is to identify exhibits. Every document the witness refers to should be given a unique reference (witness's initials and a sequential number), described briefly, and listed in the exhibits section. The exhibits themselves should be bundled in the same order.

Step six is to set the date and sign the statement of truth. The witness must sign the statement personally; it cannot be signed on their behalf.

A Witness Statement in the United Arab Emirates must comply with the procedural rules of the specific forum — the UAE federal courts, the DIFC Courts, the ADGM Courts, or DIAC arbitration — and the evidence laws applicable in that forum.

Before UAE federal and emirate courts under Federal Decree-Law No. 42 of 2022 on Civil Procedure, witnesses giving testimony must normally appear in person to give oral evidence (shahadah) before the judge, who may examine them directly. The Civil Procedure Law at Article 86 provides that a judge may hear witnesses in person, administer the oath, and assess credibility. Written witness statements that stand as evidence in chief (as in common-law practice) are not part of the standard federal court procedure, but written statements may be submitted as documents and used as the basis for oral examination.

Before the DIFC Courts and ADGM Courts, written witness statements are mandatory under those courts' procedural rules. The DIFC Courts Civil Procedure Rules require parties to exchange witness statements at a stage set by the court's case management order, and failure to exchange a statement prevents the calling of that witness at trial. The statement must comply with the DIFC or ADGM requirements on form, including the statement of truth and identification of exhibits.

In DIAC arbitration under Federal Law No. 6 of 2018, the arbitral tribunal has wide discretion to direct the form of witness evidence under Article 33 of the Federal Arbitration Law. Most international commercial DIAC proceedings follow the IBA Rules on the Taking of Evidence in International Arbitration, which provide for written witness statements exchanged by both sides before the oral hearing.

False testimony in UAE proceedings — whether before a federal court or a tribunal — is a criminal offence under Federal Law No. 3 of 1987 (UAE Penal Code) and exposes the witness to prosecution for zoor shahadah (false testimony), which carries imprisonment and/or fines. A witness must therefore state only matters within their personal knowledge and must not be coached or directed to omit material facts.

Errors in a Witness Statement in the United Arab Emirates frequently reduce its evidentiary weight, cause the court or tribunal to question the witness's credibility, or lead to a ruling excluding the evidence.

Mixing fact and opinion is a common error. A witness statement should record what the witness saw, heard, or did. Opinions, legal conclusions, and advocacy — 'the defendant clearly acted fraudulently' or 'this is a breach of contract' — are for advocates and judges, not witnesses. A witness who offers opinions without being qualified as an expert weakens the credibility of the factual evidence.

Including hearsay without identifying the source is problematic. Where the witness refers to what another person told them, they must identify the source and make clear it is second-hand; otherwise the court or tribunal may treat the evidence as direct evidence of the secondary fact, which is incorrect.

Using vague or imprecise language fails to give the court the clear factual record it needs. Statements such as 'around that time' or 'in approximately that location' are weak; dates and facts should be given with the precision the witness is able to provide.

Failing to exhibit documents mentioned in the statement leaves the court unable to verify the facts by reference to the documentary record. Every document referred to must be exhibited and numbered consistently.

Signing the statement of truth without reading the document carefully, or allowing an advocate to prepare a statement the witness has not reviewed thoroughly, creates a serious risk that the witness will contradict the statement when cross-examined, which damages their credibility and the party's case.

Failing to identify the correct forum means the statement may be in the wrong format for the proceeding — for example, a statement prepared for DIFC Courts in a format that does not comply with the DIFC Courts Civil Procedure Rules will be rejected by the registry or given reduced procedural weight.