Court & Litigation Power of Attorney in UAE – Legal Representation & Cases

Navigating the UAE’s legal system, especially during litigation, can be a complex and daunting prospect for business owners and individuals alike. Whether you are based overseas, managing multiple commitments, or simply require specialized legal expertise, appointing a representative through a Court & Litigation Power of Attorney (POA) is a critical strategic tool. This specialized document authorizes a qualified lawyer or legal representative to act on your behalf in all court-related matters, from filing a case and attending hearings to negotiating settlements and collecting judgments. This guide provides a comprehensive, practical overview of the Court & Litigation POA in the UAE for 2026, detailing its importance, the precise process for creation and attestation, and how to leverage it effectively to protect your interests. For a foundational understanding, you can refer to our Complete Guide to Power of Attorney in the UAE 2026.

Understanding Court & Litigation Power of Attorney in the UAE

A Court & Litigation POA is not a general delegation of authority. It is a precise, legally binding instrument that grants power specifically for judicial and quasi-judicial proceedings. This authority is essential because UAE courts typically require a party to be physically present or formally represented by a legally attested agent. Without a properly executed litigation POA, your lawyer cannot file pleadings, represent you in chambers, or argue your case before a judge. The scope is defined by Federal Law No. (5) of 1985 (the Civil Transactions Law) and the respective procedural laws of each emirate, such as Dubai Law No. (10) of 2023. Crucially, the representative must be a legal practitioner admitted to practice before the courts of the relevant emirate.

Vesta Solutions can demystify this critical first step. Our experts guide you through the decision-making process, ensuring you understand exactly what powers to delegate and how a litigation POA integrates into your broader legal strategy.

Types, Scope, and Limitations of Authority

Understanding the boundaries of the authority you grant is paramount. A litigation POA can be tailored to be broad (general for litigation) or highly specific (limited to a particular case or type of action).

What a Litigation POA Can and Cannot Do

The language in the POA document is critical. It can authorize a wide range of procedural acts. Furthermore, it can grant power to compromise (settle), accept or waive rights, and even appoint sub-agents. However, there are inherent limitations. For instance, the agent cannot generally confess to a claim or make a settlement that involves criminal liability without extremely explicit, specific instructions. The authority is also strictly personal to the appointed lawyer or firm in most cases and cannot be transferred arbitrarily.

Drafting a watertight POA requires precise legal language. Vesta Solutions connects you with experienced legal professionals who draft enforceable POAs tailored to your unique litigation needs, safeguarding against unauthorized actions. Combined with our notary services, this creates a comprehensive legal framework for your representation.

Step-by-Step Process: Drafting, Attestation, and Court Registration

Creating a legally valid Court & Litigation POA in the UAE involves a multi-step process that varies slightly between emirates. The following is a typical workflow for 2026.

Step 1: Drafting the Power of Attorney Document

First, the POA must be drafted, usually in Arabic, the official language of the courts. While English drafts are sometimes used, the final attested version must be in Arabic. It’s highly advisable to have a legal professional draft this to ensure all necessary powers are included and correctly formulated. Our related guide on How to Obtain Power of Attorney in Dubai details the initial considerations.

Step 2: Notarization and Attestation

Once drafted, the POA must be notarized. The principal must sign the document in the presence of a notary public. If the principal is outside the UAE, this typically involves:

1. Signing before a notary public in the country of residence.
2. Getting the signature legalized by the UAE embassy/consulate in that country.
3. Translating the document to Arabic by a certified translator in the UAE (if not already in Arabic).
4. Further attesting the foreign authentication at the Ministry of Foreign Affairs (MoFA) in the UAE.

For principals inside the UAE, the process is simpler and can often be completed at a local notary public, many of which now offer remote video notarization services.

Step 3: Submission to the Relevant Court

The final, attested POA must be filed with the court where the case will be heard. The appointed lawyer will submit the original POA to the court’s registration department. The court will record the lawyer’s authority in its system, officially enabling them to act on the case. This step may involve paying a nominal court registration fee.

Navigating attestation chains and court registries is time-consuming. Vesta Solutions provides comprehensive notary services and PRO support to handle the entire attestation and filing process efficiently, ensuring your POA is court-ready without delay.

Selecting and Appointing Your Legal Representative

Choosing the right attorney-in-fact is your most critical decision. This person will have significant control over your legal rights and outcomes.

Checklist for Selecting a Litigation Attorney-in-Fact

• ✅ Licensed to Practice: Verify their license with the local judicial department (e.g., Dubai Legal Affairs Department).
• ✅ Relevant Expertise: Choose a lawyer or firm with proven experience in your specific area of dispute (commercial, labor, real estate).
• ✅ Clear Communication: They should provide regular, understandable updates on case progress.
• ✅ Fee Structure: Agree on a clear fee arrangement (hourly, fixed, or contingency) in writing before signing the POA.
• ✅ Reputation & References: Seek client testimonials or professional referrals to assess reliability.

It is also wise to build in safeguards within the POA itself. You can require the lawyer to seek your explicit approval for major decisions like settlements above a certain value. Regular reporting intervals can also be stipulated. For guidance on this important partnership, consider our resource on choosing and working with legal services providers.

Case Study: Enforcing a Commercial Debt Through a Litigation POA

Scenario: “TechGlobal FZCO,” a Dubai-based software firm, was owed AED 850,000 by a client in Abu Dhabi for services rendered. The client repeatedly delayed payment. The CEO, Mr. Chen, a frequent traveler, could not manage a cross-emirate lawsuit personally.

Action:

1. POA Execution: Mr. Chen executed a Special Power of Attorney (Litigation POA) granting his Legal Manager, Mr. Al-Rashid, full authority to represent the company in all legal proceedings related to the debt.
2. Notarization & Attestation: The POA was drafted in Arabic, notarized at the Dubai Notary Public, and attested by the Ministry of Justice, granting it legal force in Abu Dhabi courts.
3. Legal Proceedings: Mr. Al-Rashid filed the case at the Abu Dhabi Court, attended hearings, submitted evidence, and negotiated a settlement—all without Mr. Chen’s physical presence.

Outcome: The court issued a payment order against the debtor. The client paid the full amount plus legal costs within 45 days. The POA saved the company significant time and travel expenses while ensuring professional legal representation.