Despite a 2009 ruling by the Court of Cassation, that an agreement must contain three essential elements to be considered a valid agreement on commercial agencies (i.e. agency scope, exclusivity and remuneration), another 2013 Court of Cassation decides, conversely, that an agency agreement can continue to be considered existing regardless of the absence of any of these characteristics, so that it is vulnerable to commercial law. Therefore, knowing the above, the Court dismissed the applicant`s case. The Court argued that the applicant had to prove that the agency agreement itself was still in force and that it remained in force to allow the applicant to assert his rights as the exclusive representative of the client`s products. Depending on the validity of the agency agreement, the applicant should base his file. Only then will the applicant be able to argue that the defendant acted unlawfully and against the applicant`s rights by acting as the client`s agent. As a result, the total use of the applicant`s register as the client`s commercial agent was deemed insufficient. Subsequently, the client entered into a similar non-exclusive distribution agreement with the defendant. The defendant conducted activities promoting, marketing and selling the products of the adjudicating entity and therefore issued notices that it was the new representative of the adjudicating entity. The law firm`s current practice requires the direct participation and cooperation of the Qatari agent to disconnect a commercial agency agreement and it is unlikely that the registry will accept the client`s permission to re-enter the Agency by proxy or by similar documents concluded at the same time as the agency agreement. As a general rule, the registry also requires that the application for opt-out be printed on the header of the agent`s letter and dated at the same time as the application. Of course, the practice of ministers (including de-registration) in Qatar is not written and may change from time to time without notice, but we believe that this practice will probably not be relaxed in the near future.
Under the Code of Commerce, merchants can claim damages even after a contract has been terminated if they terminate the agreement, but this depends on whether the distributor is responsible for a “remarkable” success in promoting the client`s products or services. If the agreement provides for arbitration, Qatar is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards and, as such, the Qatari courts will be likely to allow such disputes to be decided by arbitration. Let us take this issue within the specific economic framework of the law of the agency itself. In this regard, a representative is a company that, in accordance with an agency agreement, is approved for the contract and/or distribution on behalf of another.