Litigation power of attorney in the UAE

Define whether authority concerns particular disputes, a category of matters or a wider litigation role. Identify forums and stages requiring assessment, including arbitration or enforcement if contemplated. Listing every possible authority can obscure the actual need. The scope should be intelligible to the principal and legally suitable for the proceedings in which it will be presented.

A company mandate starts with capacity. Review its constitution, signatory arrangements and any decision required from directors, managers or shareholders. The person signing personally must have authority to bind the entity. A personal shareholder’s appointment is not automatically the company’s litigation mandate, even when that person owns the entire business.

Litigation work is subject to the procedural rules of the chosen forum and the law governing legal professions. A notarised appointment is one part of that framework. It should not be marketed as allowing any consultant, employee or friend to advocate in every court. Confirm the intended representative’s role and eligibility before completing the document.

Different dispute processes may have different entry and filing requirements. A mainland court, financial free-zone court, tribunal or arbitral forum should be assessed on its own rules. Do not assume the same document or terminology operates identically everywhere. Coordinate the mandate with the professional responsible for the relevant process and any local recognition requirements.

The Civil Procedure Code identifies acts for which special authorisation is required, beyond ordinary case conduct. These can materially affect rights, security or the continuation of proceedings. Review the intended authority for admissions, settlements, waivers and related decisions rather than including a broad standard list without explaining its consequences.

Create a practical process for approving strategy and significant expenditure. Specify who receives updates, how settlement offers are escalated and where authorised payments go. These operational instructions should be aligned with the legal power and engagement terms. They do not independently determine the court’s interpretation of a formal authority, so material restrictions need careful drafting advice.

Prepare identity and corporate capacity evidence, then follow the appropriate notarial process. Foreign execution adds receiving-court authentication, translation and verification questions. Maintain one current version in the dispute register and record where it has been filed. A copy used for one matter should not be silently altered and reused as if it were the certified original.

Review the mandate when proceedings move stage, the entity restructures or the representative changes. Substitution and termination may require formal steps and notice without suspending case deadlines. At closure, preserve judgments, settlement records and money accounts and assess whether the continuing scope is still needed. Treat mandate management as part of the client’s dispute governance.