Litigation Power of Attorney in UAE

A Litigation Power of Attorney (POA) is a formal legal document through which an individual (the Principal) authorizes a lawyer or trusted representative (the Agent) to act on their behalf in court matters and legal disputes in the UAE.

It serves as official proof recognized by UAE courts that the Agent has permission to represent, make decisions, and manage litigation processes for the Principal. This ensures continuity of legal proceedings, protects the Principal’s interests, and grants the Agent clear legal authority to act.

• Think of it as a legal permission slip. It’s like giving a friend a signed note to talk to the principal for you, but this is for court.
• It’s your official voice. This paper tells the judge, "The person holding this document speaks for me."
• No paper, no power. Without this document, the court will not listen to anyone trying to represent you. It is a must-have.
• It keeps you in control. You are the one who decides who gets this power and exactly what they can do with it.

Choosing the right type of POA is important. Your choice depends on your specific needs.

1. General Litigation POA

Think of this as giving your Agent a "master key" for all your legal issues.

• Broad Power:  It gives your Agent the authority to handle all your court cases in the UAE, including matters before the Court of First Instance, Court of Appeal, and Court of Cassation (if specifically mentioned in the POA).
• For Ongoing Needs: It is best for business owners or individuals who might have multiple legal matters over time.
• Example: A real estate company might give its main lawyer a General Litigation POA to manage all tenant disputes and contract issues that arise.

2. Special Litigation POA

Think of this as a "single-use keycard" that works for only one specific task.

• Limited Power: It limits your Agent's authority to one single, named legal case.
• For One-Time Issues: It is perfect for an isolated incident, like a specific business deal gone wrong or a personal injury claim.
• Example: If you were in a traffic accident, you would give a lawyer a Special POA just to handle the lawsuit for that one accident. The power of attorney is no longer valid once the case has concluded.

Which One is Right for You?

• If you face a single, straightforward legal issue, a Special Litigation POA is safer and more controlled.
• If you run a business with continuous legal needs, a General Litigation POA is more efficient.

Your Litigation POA must clearly list every single power you want to give. A vague Litigation Power of Attorney draft will be rejected. The powers are usually broken down by the stage of the legal case.

Starting a Case:

• The power to hire and sign contracts with lawyers.
• The authority to initiate a legal action in the appropriate court.
• The power to sign all initial documents and petitions.

During the Case:

• The power to attend all court hearings.
• The power to submit evidence, witness statements, and expert reports.
• The power to defend you against claims made by the other party.
• The power to receive all official court notices on your behalf.
• The power to hire experts (like doctors or accountants) to support your case.

Ending the Case:

• The ability to reach a settlement agreement with the opposing party.
• The power to accept and sign a settlement agreement.
• The power to receive and cash a settlement cheque in your name.
• The power to file an appeal if you lose the case.
• The power to take action to enforce the final judgment.

You can appoint any adult you have full faith in. There are a few basic rules for who can be an Agent.

Basic Requirements

• Must be at least 21 Hijri years old (roughly 20 years and 6 months in the Gregorian calendar).
• Must possess sound judgment and the ability to make responsible choices.

Qualities of a Good Agent

Choosing the right person is the most important step. Look for someone who is:

• Trustworthy: This is the number one quality. You are giving this person immense power.
• Responsible: They must take this duty seriously.
• A Good Communicator: They should give you regular updates.
• Available: They must have the time to attend hearings and meetings.
• Knowledgeable (Preferably): Appointing a lawyer is often the best choice, as they understand the legal system.

For your POA to be accepted by UAE courts, it must be perfect. Here are the critical points to check:

• Must Be in Arabic: UAE court proceedings are in Arabic. Therefore, your Power of Attorney must be in Arabic or have a certified legal Litigation Power of Attorney translation attached to it.
• Must Be Notarized: You must sign the document in front of a Notary Public. The Litigation Power of Attorney Notarization stamp is what makes it legally powerful.
• Be Extremely Specific: Do not use vague phrases. Instead of "handle my case," list the specific powers like "file lawsuits, attend hearings, and sign settlements." A clear Litigation Power of Attorney format is key.
• Full Legal Names: The POA must state your full name and your Agent's full name exactly as they appear on your passports and Emirates IDs.
• Clear Dates: The date of signing must be mentioned.

The process of creating a valid Litigation POA is systematic and requires careful attention to detail at each stage.

Step 1: Drafting the Litigation Power of Attorney form

The process begins with the preparation of the POA document. It is strongly recommended to engage a qualified lawyer for this step. A lawyer will ensure the document is drafted with precise legal language and includes all the necessary general and specific powers required by the courts, tailored to the principal's specific situation.

The principal will need to provide clear identification documents (passport and Emirates ID copies) for both themselves and their chosen agent. For a company POA, the trade license and Memorandum of Association are also required.

Step 2: Legal Translation

Once the draft is finalized and approved by the principal, it must be translated into Arabic. This must be done by a legal translator who is officially certified by the UAE Ministry of Justice. The final document submitted for notarization will be bilingual.

Step 3: Notarization (In-Person vs. E-Notarization)

With the bilingual draft ready, the next step is notarization.

• In-Person Notarization: The Principal physically visits a Notary Public office, presents their original identification, and signs the POA document in the notary's presence.
• E-Notarization: A convenient and modern alternative, e-notarization allows the Principal to complete the process remotely. The notary verifies the Principal's identity and witnesses the signing via a secure video conference. This is an excellent option for individuals who are overseas or have mobility constraints.

As detailed previously, a POA signed abroad must follow the rigorous multi-step attestation process, starting with notarization in the home country and concluding with the final stamp from the UAE Ministry of Foreign Affairs in the UAE.

Ensure every step is handled correctly and efficiently. Contact Safe Ledger today to manage the entire Power of Attorney process for you, from expert drafting and legal translation to final notarization.

The cost of a Litigation Power of Attorney is made up of several parts. Here are some estimates (always confirm the final price beforehand):

Using a Litigation Power of Attorney gives you several important advantages in any legal dispute.

• Ensures Legal Continuity: It prevents you from losing your case if you miss a court date. Your appointed Agent ensures someone is always there to represent your interests.
• Overcomes Geographical Barriers: This allows you to manage a UAE court case from anywhere in the world, saving you the time and expense of constant travel for court hearings.
• Provides Professional Handling: Your case is managed by a legal expert who knows the laws and court procedures. This greatly improves efficiency and your chances of a successful outcome.
• Saves Time: You are freed from spending hours at court and handling paperwork. This lets you focus on your work, business, and family without interruption.
• Maintains Privacy: You can avoid personally appearing in a public courtroom to discuss sensitive business or personal legal matters, as your Agent can appear for you.

A Litigation Power of Attorney is a powerful tool, but its authority is strictly limited by law to matters directly related to a court case. Here is what an Agent cannot do with this specific type of POA:

• No Sale of Property or Assets: A Litigation POA cannot be used to sell property, vehicles, or major assets; a separate Sales POA is required.

• No Personal Family Matters: It does not cover marriage, divorce, or other personal family actions that require your direct presence.

• No Witness Testimony: The agent cannot testify or swear an oath on your behalf; only you can do so.

• No Business Control: It does not allow corporate decisions, share transfers, or business ownership changes; a Commercial POA is needed.

• No Access to Personal Finances: The agent cannot access or manage your bank accounts, investments, or personal funds.

Note: Misusing a Litigation POA for anything outside its legal limits can lead to court rejection of the document or even legal action against the Agent. Always ensure the POA is used only for court-related matters.

In the UAE, Litigation POA must meet specific requirements regarding its validity, renewal, and cancellation of POA. Here’s what you need to know:

1. Validity of a Litigation POA

• Standard Validity: A litigation POA in the UAE is generally valid for 2 years from the date of notarization.
• Custom Validity: You can choose a shorter or longer validity period when drafting the POA, depending on the case duration or legal needs.
• Continued Use: The POA remains valid until the mentioned expiry date unless revoked earlier.

2. Renewal of a Litigation POA

• When to Renew: Renew the POA before it expires to avoid legal delays in ongoing cases.
• Renewal Process:
  • Draft a new POA document or request an extension of the current one.
  • The process requires notarization again at a UAE Notary Public.
• Same Terms or Updates: You may keep the same terms or make changes (such as updating the lawyer or legal scope).

3. Cancellation of a Litigation POA

• Right to Cancel: The person who issued the POA (the principal) has the full right to cancel it at any time.
• How to Cancel:
  • Draft a cancellation letter or use an official POA revocation format.
  • Visit a Notary Public to notarize the cancellation.
  • Inform the lawyer and relevant courts about the cancellation to make it effective.
• Effect of Cancellation: Once cancelled, the lawyer or representative can no longer act on your behalf in legal matters.

Important Notes:

• A court may still recognize actions taken before cancellation if they were done in good faith.
• Always keep a copy of the cancellation document for your records.
• If you issued the POA abroad, it must be attested and registered in the UAE before you can cancel it officially here.

Note: After cancelling a litigation POA, it’s a good idea to get a court-approved cancellation confirmation and share it with the court and your lawyer. This helps prevent anyone from using the old POA if your legal case is still going on.

Even with a good POA, you might face some issues.

1.Challenge: The Court Rejects the POA.

This usually happens because of a mistake in the Litigation Power of Attorney form, like vague wording or incorrect names.

• Solution: Immediately check with the court clerk to understand the exact reason for rejection. Then, have a licensed legal professional revise the POA to correct the issue. After that, re-notarize the updated version and resubmit it to the court.

2.Challenge: My Agent is Not Updating Me.

There's no clear agreement on how or when updates should be shared.

• Solution: Set clear communication terms before issuing the POA, agree on update frequency (e.g., weekly calls or emails), and preferred channels. If it's already issued, formally request regular updates in writing to maintain a clear record.

3. Challenge: The Other Party Questions the POA's Validity.

This may be a tactic to delay the case or weaken your position.

• Solution: Ensure your POA is professionally drafted, notarized, and translated (if needed) to meet UAE legal standards. If challenged, submit the notarized copy with official stamps and, if necessary, get a legal endorsement or court confirmation to back its validity..

Contact us now for professional service.