The Legal Basis of Representation in Crypto Disputes
Disputes arising from crypto transactions — the transfer, exchange or loss of digital assets and the attached contractual disagreements — frequently end up before a court, and who represents you there becomes decisive. Article 93 of the Civil Procedure Code establishes that citizens may conduct a case in court personally, while legal persons or other organisations act through the official empowered by the statute or regulations to act in their name. The parties may also conduct their case through a representative, and this does not deprive them of the right to participate personally as well. For a crypto dispute this means you can be both a personal participant and supported by a professional representative — a combination that matters where technical and legal questions interlock.
Who May Act as a Representative in Court
Article 94 of the Civil Procedure Code lists the persons who may act as representatives of the parties: advocates; employees of a state government body, municipality or municipal body, or of organisations — only in the cases of those bodies and organisations; organisations holding the status of special plaintiff — in the cases of persons with disabilities; one of the co-participants — by mandate of the others; and other capable persons — only before the first-instance court. The last limitation carries practical weight: before a higher instance, representation by an ordinary capable person is no longer allowed, and this must be considered in advance when choosing a representative whose mandate must survive the entire ladder of instances.
The law also establishes a prohibition: a person who participated as a mediator in the same case, or in another case substantially connected with it, may not be a representative. A separate rule addresses the situation where the value of the subject of the dispute exceeds 500 000 lari, or the case is of particular factual or legal complexity, and an institution of the executive power participates in the civil proceedings: it then applies to the Ministry of Justice of Georgia, which may request the appointment of a state or public servant as that institution's representative. The procedure and deadlines for such an application, the movement of the case files and the appointment of the representative are determined by an order of the Minister of Justice.
Formalising the Power of Attorney
The authority of a representative must be set out in a power of attorney issued and formalised in accordance with the law. A power of attorney given by a citizen must be certified notarially, or by the organisation where the principal works or studies, by the administration of the stationary medical institution where he is undergoing treatment, or by the corresponding military unit if it was given by a serviceman. A power of attorney given by a person placed in a penitentiary institution of the Special Penitentiary Service is certified by the director of that institution. In the name of an organisation it is issued by the head or another authorised person, while an advocate's authority is confirmed under the Law of Georgia on Advocates. In a crypto dispute this means the power of attorney is not a technical detail but the foundation of every action your representative takes.
The Scope of a Representative's Authority
The authority to conduct a case in court empowers the representative to perform, in the name of the principal, all procedural actions except those carved out by law: the appeal of a judgment, transfer of the case to arbitration, representation in court mediation, full or partial waiver of the claim, recognition of the claim, amendment of the subject of the claim, settlement, appeal of a court decision, presentation of an enforcement sheet for enforcement, and receipt of the property or money due.
For each of those actions the representative's authority must be specially indicated in the power of attorney. In other words, if you want your representative in a case concerning the value of crypto assets to conclude a settlement, file an appeal or receive the money due to you, these powers must be indicated individually and with particular precision. Beyond this, a person authorised by a party may entrust an individual procedural action to another advocate or to his assistant, which creates practical flexibility in document-heavy cases.
Frequently Asked Questions
Can I address the court personally in a crypto dispute?
Yes. A citizen has the right to conduct a case in court personally, and the existence of a representative does not remove that right — the party may participate in the case personally in parallel with the representative.
Who can be my representative beyond the first instance?
Other capable persons may act as representatives only before the first-instance court. In higher instances, representation belongs to the other persons allowed by law, including advocates.
Is notarial certification of the power of attorney mandatory?
A power of attorney given by a citizen must be certified notarially or, as the law provides, by other designated bodies — the place of work or study, the medical institution, the military unit, or the institution of the Special Penitentiary Service.
May my representative conclude a settlement without my consent?
No. A settlement, like the appeal of a judgment, waiver of the claim, amendment of its subject or the receipt of money or property, must be specially indicated in the power of attorney — otherwise that action is not open to the representative.
How We Help on Legal.ge
A dispute arising from crypto transactions is legally and technically complex, and the status of your representative and the precision of the power of attorney reflect directly on the proceedings. The Legal.ge team helps you choose the right representative, formalise the power of attorney so that the special powers are covered, and represent your interests throughout the court process — including the appeal instance where necessary. Contact us so that together we can select the model of representation that fits your dispute.