DCC 249, 319 /1999
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Agency, Registration, Types of Contract, General Tort, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
12 Dec 1999
Catchwords
Agency Agreement – Registration – Contract – Tort – Court Authority
In this case one party claimed under tort the other had been negligent not to register the agency agreement and the other claimed under contract they had not been paid for their work. The court had the discretion to decide the nature of the cases and decided as the case involved an unregistered agency agreement they came under the agency law and could not be heard.
Background
The Claimant, a principal, brought forward a case before the Dubai Court of First Instance seeking damages against its agent, which had allegedly failed to properly distribute and sell products in the UAE.
The Claimant further alleged, under tort, that the Respondent had failed to undertake its duties and the registration of the agency agreement between the Claimant and the Respondent.
For its part, the Respondent filed a counterclaim against the Claimant seeking damages for amounts it had not been compensated for, alleging it had undertook its duties fully and the Claimant's sales had increased.
Proceedings
Dubai Court of First Instance - Decision No 88/1998