In a UAE court dispute, a properly drafted Power of Attorney can authorise another person to take specific steps on the principal’s behalf, including appointing lawyers where that authority is expressly granted. The POA can also authorise dealings with courts and relevant authorities within the scope written into the document.
A Power of Attorney does not, however, give any person an unrestricted right to appear and plead before UAE courts. Court representation is regulated under UAE law, and lawyers acting for clients must meet the applicable professional requirements and submit a duly attested Power of Attorney to the court.
What is a Power of Attorney?
A Power of Attorney is a legal document through which one person, known as the principal, gives another person, known as the attorney-in-fact or representative, authority to act on the principal’s behalf.
The authority may be broad or limited to specific actions. Depending on the purpose, the representative may be a family member, business associate, employee or lawyer, subject to the legal requirements that apply to the particular transaction or proceeding.
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What is a Power of Attorney for a Court Case?
A Power of Attorney for a court case is used when the principal needs another person to handle specified matters connected with a dispute or legal proceeding. Depending on the wording, it may authorise the representative to appoint lawyers, follow the case, submit or receive documents, deal with relevant authorities and carry out other procedural acts on the principal’s behalf.
A court-case POA is not limited to people who live outside the UAE. It may also be used where a principal is in the UAE but wants an authorised representative or lawyer to manage the proceedings.
Where the POA relates to a particular dispute, the document should identify the scope of authority clearly and, where appropriate, refer to the relevant case, dispute, parties or type of proceeding.
What Powers Should a Court Case Power of Attorney Include?
Under the UAE Civil Procedure Code, authority to conduct litigation generally allows the authorised representative to take the steps required to initiate, follow and defend the case and to take precautionary measures within the relevant stage of litigation.
However, some acts require specific authorisation in the Power of Attorney. These can include:
- Admitting or waiving the claimed right
- Entering into a settlement or conciliation
- Agreeing to arbitration
- Accepting, administering or referring an oath
- Abandoning the proceedings
- Waiving a judgment, in whole or in part
- Waiving a method of challenging or appealing a judgment
- Lifting an attachment
- Waiving security while the debt remains outstanding
- Alleging forgery
- Seeking the disqualification of a judge or expert
- Taking another step for which UAE law requires special authorisation
The POA should therefore be drafted around the actions that may actually be required in the case rather than relying on general wording that may not cover an important procedural step.
Who Can Represent You Before a UAE Court?
A Power of Attorney establishes authority to act, but it does not automatically make every attorney-in-fact a practising court lawyer.
UAE law regulates legal representation before the courts. Lawyers appearing on behalf of clients must satisfy the applicable professional requirements, and a lawyer normally submits the duly attested Power of Attorney when appearing for the client.
The law provides limited exceptions under which certain other persons may represent a party, including specified relatives and, subject to particular conditions, certain representatives of private legal persons. The appropriate form of representation should therefore be checked against the circumstances of the case rather than assuming that any POA holder may plead before the court.
Process of Preparing and Signing a Court Case Power of Attorney
Drafting the Power of Attorney in Arabic or Bilingual Form
The wording of a court-case POA should clearly identify the principal, the authorised representative and the litigation powers being granted.
For documents submitted through Dubai Courts, documents that are not in Arabic must be accompanied by a legal Arabic translation certified in accordance with UAE Ministry of Justice requirements. A POA may therefore be prepared in Arabic or in bilingual form where appropriate.
Before notarisation, the document should be checked carefully to ensure that the required litigation powers, including any powers requiring special authorisation, have been included.
The current Dubai Courts process is electronic and does not require three original paper copies to be prepared or issued as part of every transaction.
Situation 1: Signing the Power of Attorney Within the UAE
A Power of Attorney intended for official use should be completed through the appropriate UAE notarisation process. In Dubai, Power of Attorney ratification is available through Dubai Courts, including electronic service channels.
The Dubai Courts Smart Electronic Notary process allows applicants to submit the transaction, upload supporting documents, pay the required fees, complete identity and capacity verification, sign the document and receive the certified document electronically. Verification may involve virtual or personal attendance depending on the transaction and the applicant’s circumstances.
This means that physical attendance at a notary office is no longer the only way to complete a Power of Attorney in Dubai.
The supporting documents will depend on the parties and the type of POA. They commonly include valid identification and, where a person is acting for a company or another legal person, documents establishing that person’s capacity and authority.
For a detailed explanation of the current procedure, see how to notarize a Power of Attorney in the UAE.
Situation 2: Signing a Power of Attorney Outside the UAE
A principal who is outside the UAE may still prepare a Power of Attorney for use in a UAE court matter. However, a POA signed abroad is not automatically ready for use in the UAE.
Documents issued outside the UAE must complete the applicable attestation and legalisation process before they can be accepted by Dubai Courts.
Dubai Courts currently requires foreign-issued documents to be authenticated through the relevant authorities, which generally involves:
In the Country Where the Document Is Issued
- Authentication or attestation by the competent authority in the country concerned
- Attestation by the UAE Embassy or Consulate in that country
In the UAE
- Attestation by the UAE Ministry of Foreign Affairs
- Legal Arabic translation certified in accordance with UAE Ministry of Justice requirements where the document is not already in Arabic
The exact process may depend on the country of issue and the documents involved. It is therefore important to distinguish between notarisation of the signature abroad, legalisation or attestation for UAE use, and legal translation required for submission before the UAE authority.
Situation 3: Using a UAE Power of Attorney Outside the UAE
If a Power of Attorney is signed or notarised in the UAE but will be used in another country, UAE notarisation may only be the first stage of the process.
The receiving country may require additional authentication or legalisation. Depending on the destination and its requirements, this may include attestation by the UAE Ministry of Foreign Affairs and legalisation through the embassy or consulate of the country where the POA will be used.
The requirements should be confirmed with the receiving authority or diplomatic mission before starting the process because the legalisation chain can vary depending on the destination country and the intended use of the document.
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Before You Notarise a Court Case Power of Attorney
Review the proposed POA against the actual dispute before signing it. A court-case POA should identify who may act, whether lawyers may be appointed, which proceedings the authority covers and whether any acts requiring specific authorisation may become necessary.
Clear drafting at the outset can reduce the risk of having to issue another POA later because an important litigation power was omitted.
For assistance with drafting, notarisation coordination or the attestation of a litigation Power of Attorney for use in or outside the UAE, you can contact Notary Public Dubai.