Specific considerations arise where the contract contains an arbitration provision. For a LLC, although arbitration has traditionally been regarded as generally within the manager's competence, this may be restricted by the MoA or by the manager's contract of appointment. If someone other than the manager named on the commercial licence is signing, the submission to arbitration should be specifically approved in the relevant power of attorney, particularly if the seat of the arbitration or the governing law of the arbitration agreement is the UAE.
In the case of a JSC, Article 154 of the CCL requires either shareholder approval or specific authority in the MoA or the Articles for the board of directors to agree to submit the company to arbitration. Where dealing with a JSC, therefore, it is important to check that such special approval or authority has been granted.
The Qatar Companies Law provides that the company's manager has the full authority to manage the company, unless he is restricted under the articles of association. However, his actions will not be binding to the company unless he identifies himself as manager to third parties (Article 242).
The manager does not need a power of attorney, given he has full authority to manage the company, unless the articles restrict his authority. In practice, however, banks require the manager to hold a power of attorney. Notwithstanding the fact that managers do not need a power of attorney, the Ministry of Economy and Commerce now requires a power of attorney for all matters related to the amendment of licences.