DCC 95/1996

In this case a company originally tried to bring a criminal prosecution against its registered agent. This case confirmed that criminal prosecutions were not possible in such a case and were only possible if there is a specific provision under criminal law against which the individual can be prosecuted. The case also confirmed the remedies which can be taken in an agency dispute and that an agency must be registered to be recognised by the UAE courts.

Background

A claimant filed a complaint with the Dubai police against a trading company which was trading in the claimant's goods and were a registered agent. The police referred the matter to the Prosecutor's Office for violation of the Commercial Agency Law. The criminal court referred the matter to the civil court as it saw there was no evidence of a crime having been committed. The Prosecutor's Office appealed and the appeal court upheld the judgement. The Office appealed by cassation arguing that under the Commercial Agency Law, it is prohibited to import goods which are the subject of a registered commercial agency agreement, by any other means than through the legally registered agent.

Decision