Power of Attorney — Litigation (UAE)

A Power of Attorney — Litigation in the United Arab Emirates is a formally executed and notarised document by which a principal — an individual or a company — appoints a licensed advocate to represent, act, and appear on their behalf in legal proceedings before any UAE court or tribunal. Governed by the UAE Civil Code — Federal Law No. 5 of 1985 — at Articles 924–951, which codify the law of agency (wakalah), and by Federal Decree-Law No. 42 of 2022 on Civil Procedure, which requires advocates to produce their authority to appear at the first hearing, the litigation power of attorney is the essential prerequisite for an advocate to sign pleadings, attend hearings, and take legal action in a client's name before the Dubai Courts, the Abu Dhabi Judicial Department (ADJD), Sharjah Courts, Ras Al Khaimah Courts, and other UAE courts.

The document sets out the identity of the principal, the licensed advocate and their Ministry of Justice bar licence number, the scope of the authority granted — whether limited to one specific case or extended to all litigation in the UAE — and the specific powers the advocate may exercise, such as filing appeals, concluding settlements, and applying for enforcement of judgments. In UAE practice, a litigation power of attorney must be attested by the Notary Public; an unattested document is generally rejected by the court registry.

The Federal Decree-Law No. 42 of 2022 on Civil Procedure at Article 56 requires that an advocate produce a valid power of attorney at the first hearing before any UAE court of first instance and that the advocate be licensed by the Ministry of Justice or, in the case of the DIFC Courts and ADGM Courts, be registered on the roll of those courts. Failure to produce a valid power of attorney results in the advocate being barred from appearing and may cause the proceedings to be adjourned, causing prejudice to the principal.

The DIFC Courts apply the DIFC Courts Law No. 10 of 2004 and their own Practice Directions on legal representation. Advocates appearing before the DIFC Courts must be registered as DIFC Courts practitioners, and a power of attorney filed in those proceedings must comply with the DIFC Courts Rules. The ADGM Courts apply similar requirements under the ADGM Court Regulations 2015.

Beyond litigation, the litigation power of attorney is closely related to the general power of attorney (which covers a broader range of personal and commercial acts) and the special power of attorney (which covers a single specific transaction). For purely litigation purposes, a separate litigation power of attorney that identifies the specific advocate and scope of authority is standard UAE practice and is accepted without question by court registries across the seven emirates.

A Power of Attorney — Litigation in the United Arab Emirates is needed whenever a party to civil, commercial, labour, or criminal proceedings wants a licensed advocate to represent them before a UAE court, tribunal, or government dispute resolution body.

A Litigation Power of Attorney is needed when a party cannot or does not wish to appear in person. UAE courts permit parties to appear without legal representation in some summary proceedings, but in contested civil and commercial cases before the Court of First Instance, representation by a licensed advocate — who must hold a valid Ministry of Justice licence and produce a notarised power of attorney at the first hearing — is standard and expected.

A Litigation Power of Attorney is required when a party is located outside the UAE and cannot attend court hearings in person. An international company or a foreign national involved in a UAE dispute will typically grant a notarised power of attorney to a UAE advocate, which allows the advocate to receive service, file pleadings, and appear at all hearings without the principal travelling to the UAE for each court date.

A Litigation Power of Attorney is needed when an entity — an LLC, a free zone company, or a joint stock company — is a party to proceedings. The company must appear through a representative holding a notarised power of attorney; the articles of association or board resolution alone are not sufficient in UAE court practice without an accompanying notarised power of attorney in the advocate's name.

A Litigation Power of Attorney is needed when an appeal is filed or a cassation petition is lodged. Under Article 156 of Federal Decree-Law No. 42 of 2022, appeals before the Court of Appeal require representation by a licensed advocate, and the advocate must produce a valid power of attorney.

A Litigation Power of Attorney is needed when a judgment creditor instructs an advocate to apply for enforcement of a judgment before the UAE Execution Court under Chapter Four of Federal Decree-Law No. 42 of 2022. The enforcement application is a separate set of proceedings from the original claim, and the advocate must hold a current and valid power of attorney to act.

A Litigation Power of Attorney for UAE courts must contain specific elements to be accepted by the Notary Public, the court registry, and the advocate's professional body under Federal Decree-Law No. 42 of 2022 on Civil Procedure and the UAE Civil Code (Federal Law No. 5 of 1985).

Principal Identification: The principal's full legal name as shown on the Emirates ID or passport, nationality, identification number, and address. Where the principal is a company, the trade name, trade licence number, and the identity and title of the authorised signatory. The Notary Public verifies the principal's identity before attesting.

Advocate Identification: The advocate's full name, UAE Ministry of Justice bar licence number (or DIFC / ADGM courts registration number for those courts), the name of the law firm, and the advocate's office address. The bar licence number is critical; an advocate who is not currently licensed cannot lawfully appear before UAE courts under Federal Law No. 23 of 1991 on the Legal Profession.

Scope of Authority: A description of the specific case or the general scope of authority — for example, 'all civil and commercial litigation in the UAE' or 'the civil claim registered before Dubai Courts under case number [X]'. A specific scope is preferable for significant disputes; a general scope covers any litigation that may arise.

Courts Covered: Identification of the courts before which the advocate is authorised — all UAE courts, the Dubai Courts, the Abu Dhabi Judicial Department, the DIFC Courts, the ADGM Courts, or a specific court. Where the principal is involved in a DIFC or ADGM matter, the advocate must be registered with those courts.

Specific Powers: A list of the actions the advocate is authorised to take — filing claims and documents, attending hearings, filing appeals, conducting cassation proceedings, negotiating and concluding settlements, applying for enforcement of judgments, appointing sub-attorneys, and receiving payments on behalf of the principal. Powers not expressly granted may be challenged by the opposing party or the court.

Validity Period: The starting date and, if applicable, an expiry date. Where no expiry date is given, the power of attorney continues until revoked in writing.

Notarial Attestation: The Notary Public's signature and official seal, without which the document has no legal effect as a formal power of attorney under UAE law.

forms-legal.com provides this template as a starting point; principals should verify specific requirements with their advocate and the relevant court registry, as court practice directions on powers of attorney are amended periodically.

Completing a Power of Attorney — Litigation for use in the United Arab Emirates calls for accuracy in identifying the parties and precision in defining the scope of authority granted to the advocate.

Step one is to enter the principal's details. Record the full legal name exactly as it appears on the Emirates ID or passport, the nationality, the identification number, and the current address in the UAE. Where the principal is a company, record the trade name, trade licence number, and the name and title of the authorised signatory.

Step two is to identify the advocate precisely. Enter the advocate's full legal name, UAE Ministry of Justice bar licence number, the name of the law firm, and the office address. Confirm the advocate's current licence status with the Ministry of Justice or the relevant court before signing, because an advocate whose licence has lapsed cannot lawfully appear.

Step three is to describe the scope of authority. For a specific case, identify the case by reference — the contract in dispute, the court, and the approximate filing date. For a general authority, state 'all civil and commercial litigation in the UAE' or limit it as appropriate. A broader scope reduces the need to execute fresh powers of attorney for related proceedings such as appeals and enforcement.

Step four is to select the courts covered. Where the dispute is before the Dubai Courts or the Abu Dhabi Judicial Department, choose accordingly. For DIFC or ADGM matters, ensure the advocate is registered with those courts before including them in the scope.

Step five is to select the additional powers. At minimum, select 'file and receive claims and court documents' and 'attend hearings and make submissions'. Add 'file appeals and cassation petitions' unless the power is strictly limited to first instance. Consider carefully before granting power to settle; if granted, the settlement will bind the principal without further consultation.

Step six is to set the effective date and, if desired, an expiry date. Where the dispute is expected to take more than a year, leave the expiry date blank.

Step seven is to attend the Notary Public in person with the original Emirates ID or passport (and, for a company, the trade licence and a board resolution or articles confirming the signatory's authority). Sign the document in the notary's presence. The notary verifies identity, attests the power of attorney with the official seal, and issues a certified copy that the advocate produces at court.

A Power of Attorney — Litigation in the United Arab Emirates is governed by several overlapping legal requirements, each of which must be satisfied for the document to be effective.

Notarisation is mandatory. Under the UAE Civil Code (Federal Law No. 5 of 1985) and general UAE practice, a power of attorney for litigation must be attested by the Notary Public. Article 56 of Federal Decree-Law No. 42 of 2022 on Civil Procedure requires the advocate to produce the power of attorney at the first hearing; an unattested document is not accepted as proof of authority, and the advocate will be excluded from appearing.

Advocate licensing is a prerequisite. Under Federal Law No. 23 of 1991 on the Legal Profession and subsequent amendments, only advocates licensed by the Ministry of Justice or by the relevant emirate authority may appear as advocates before UAE courts. A power of attorney granted to a person who is not a licensed advocate carries no authority to appear before court. DIFC Courts require advocates to be admitted to the DIFC Courts' roll under the DIFC Courts Law No. 10 of 2004; ADGM Courts require registration under ADGM Court Regulations 2015.

Scope must be specified. Under Article 940 of the UAE Civil Code (Federal Law No. 5 of 1985), acts that fall outside the scope of the power of attorney are not binding on the principal. An advocate who concludes a settlement without express authority to settle, or who appeals a judgment without authority to appeal, acts outside the scope of the power and the principal may challenge those acts.

Validity: A litigation power of attorney takes effect from the date of attestation and continues until expressly revoked by the principal in writing notified to the court and the advocate, or until the proceedings it covers are finally concluded. Under Article 944 of the UAE Civil Code, the principal may revoke the power at any time, subject to giving reasonable notice where the advocate has already taken steps in reliance on it.

For companies, a board resolution or articles of association confirming the signatory's authority to grant the power of attorney may be required by the Notary Public, particularly for large corporate litigation matters.

Errors in a Power of Attorney — Litigation in the United Arab Emirates can prevent the advocate from appearing, delay proceedings, and expose the principal to adverse orders.

Failing to have the power of attorney attested by the Notary Public is the most fundamental error. The UAE court registry will not accept an unattested power of attorney, and the advocate will be barred from appearing at the first hearing, causing a procedural adjournment that may prejudice the principal's position.

Grounding a power of attorney in an advocate whose bar licence has expired or who is not licensed to appear before the selected court is a critical mistake. Principals should confirm the advocate's current Ministry of Justice licence before signing the document.

Granting an overly narrow scope that omits the power to file appeals is a common error in cases where the first instance decision is adverse. If the power of attorney covers only first instance proceedings, the advocate cannot file the appeal without a fresh power of attorney, which takes time to execute when the appeal deadline may be approaching.

Granting settlement authority without careful thought can result in the advocate concluding a settlement that the principal considers inadequate. Where the principal wants to be consulted before any settlement is concluded, the power to settle should be expressly excluded.

Mistakes in the advocate's bar licence number or the identity details of the principal lead the Notary Public to reject the document for correction, causing delay.

Failing to grant the power to appoint sub-attorneys means the advocate cannot delegate to a colleague if they are absent on the hearing date, and a colleague who appears without authority may be excluded from proceedings.

For company clients, omitting a board resolution or articles of association confirming the signatory's authority may cause the Notary Public to refuse attestation, particularly for significant commercial litigation matters.