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LAW COMPARISON: AUSTRALIA VS. UAE A LEGAL COLLABORATIVE RESEARCH PROJECT TABLE OF CONTENT 1. INTRODUCTION 1 2. AGENCY LAW 2 Comparison Between Australia and UAE Law 2 Comparative Analysis 5 3. CONTRACT LAW 7 Comparison Between Australia and UAE Law 7 Comparative Analysis 17 4. EMPLOYMENT LAW 19 Comparison Between Australia and UAE Law 19 Comparative Analysis 20 5. INTELLECTUAL PROPERTY LAW 21 Comparison Between Australia and UAE Law 21 Comparative Analysis 22 6. CONCLUSION 22 References 23 Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 1 1. INTRODUCTION This report highlights the laws which are essential for a foreign business to establish itself either in Australia or in UAE (United Arab Emirates). These laws are arranged according to their importance in general business practices (i.e. Agency law, Contract law, Employment laws and Intellectual property laws). A comparison between Australian and UAE law has been made and accordingly critical analysis has been made to conclude which country’s laws are more beneficial for a business. Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 2 2. AGENCY LAW AUSTRALIA UAE 1. Agency is a legal relationship between anyone acting as an agent, authorized by another party acting as a principal to perform tasks on its behalf. And I turn principal assumes all legal responsibilities incurring during the third party relationship. 2. The Agency contract (agreement) can be made between the two parties only if they are legally competent (i.e. a minor or a mentally incompetent person cannot enter this agreement). And this agreement will be legally bided by the law. Rights of Agents, Principals and Third Party 3. The agent is bound to the contract, and the principal may not take into good terms if the agent acts beyond the authorities and bounds given to him by the principal. 4. Authorities given by the principal to the agent can be Actual, Expressed, Implied or Apparent. 5. Agencies can be of four basic types depending on the scope and limitation of authorities given by the principal. They are Special, General, Universal and 1. It is mandatory that a UAE citizen or a national owned company can undertake the function of an agency. 2. The agency has to be registered by the ministry along with its notarized and written agency agreement with the principal. 3. The agreement should define in how many emirates the agency will encompass. Rights of Agents, Principals and Third Party 4. The agent has the right to receive a commission for all the deals made for that particular product or service in the territory, either the agent was a part of the efforts or not. 5. The principal may not reregister or reassign the agency to another agent unless the first agency has been abolished (terminated) by mutual consent of the agent and the principle. 6. No other person or company can import the same product or material other than the registered agent. On agents request the customs can detain (hold) the import until a judgment is made. 7. The agency will provide maintenance services and spare parts for the products Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 3 Apparent. 6. An agency has a relationship of trust and loyalty (fiduciary relationship) towards its clients and bounded by the performance of duties dictated by the principal in the contract. 7. An Agent or Agency is bounded by the contract to perform its duty and not to delegate them. An agent should be loyal, ethical, faithful and diligent to its principal, and acts in the best interest of the principal, and to obey all lawful and reasonable instructions put forth by the principal. 8. An Agent has to maintain all accounting transaction and records for five years. And a trust account is to be maintained. 9. The agents should practice appropriate care and skill because if a client suffers due to agent’s negligence, misinformation or lack of skills and knowledge, the agent will directly be held responsible and a client can take a legal action against the agent. 10. A principal, on the other hand, should treat agent in a fair manner and in good faith. And if the agency is unduly or wrongly terminated by the principal, the principal may be liable to pay compensation to the agent for the damages occurred due to termination. having usage longevity. 8. If a withdrawal of authority of an agency is commenced by the principal in an inappropriate time, the agent has the right to compensation for the losses born by this action of the principal. Similarly, if there is a nonrenewal of the agreement (contract) by the principal; unless the principal can prove the misconduct of the agent. 9. ‘Commercial Agencies Committee’ will handle disputes arising from trade agencies. And will commence its judgment within 60 days. Termination 10. Termination of an agency agreement will be done by mutual consent of the agent and the principal. In case of undue or untimely termination by the principal, the principal has to pay the agent compensation for the losses the agent has to bare due to this action. 11. In case of contract termination, death or expiry, the ministry should be notified within Six days, so that a deletion of agency can commence from the ministry records. These changes will propagate to municipal and customs department and chamber of commerce and industry within Thirty days. (UAE Federal Act No. 18 of 1981) Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 4 And the principal and agent should not hinder in the performance of the contract. 11. The principal has to pay the expenses to the agent, incurred during the act performed by the agent in accordance with the principal’s instructions. 12. The principal will pay an indemnity to the agent (who is without fault) for the damages occurred during the performance of agency duties. 13. A commission has to be paid to the agent by the principal for agreed performance. The amount if not mentioned in the contract should be according to the current local market rates. 14. An agent will not be eligible for commission if any illegal, fraudulent or negligent activity has taken place. And also if the agent works for others without disclosure and acceptance of the principal. 15. A principal is responsible for the contract performance to the third party, which the agent has contracted and vice versa. 16. An agent is not responsible for the performance of the contract to the third party if a (disclosed) principal fails to perform its part. However, the agent will be held responsible for the performance of the contract by the third party if the Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 5 (undisclosed) principal fails to perform and vice versa. An agent will be held directly responsible to the third party if any illegal (trot) activity is committed with or without principal’s knowledge and permission. 17. It is unlawful for an agent to represent two principles (dual agencies) at the same time without the consent of the two principals involved. Termination 18. There is no legal notice period for the termination of the agency contract, but the principle and agent should take precautionary measures and inform the third parties in contract with the agency, in order to minimize the liabilities. Contract termination can occur by mutual consent of the principal and agent or either party can revoke this contract from their wards without each other’s consent. An agency contract can also terminate or held void according to the law, in case of death, bankruptcy or insanity. (Common Law of Agency) Comparative Analysis Australian law for the agency is based on the Common Law it is more comprehensive and highlights and protects the interest of all the parties involved, either it is principal, agent or third party. It is duly unbiased and just to all concerned parties as compared to the law of Law Comparison: Australia vs. UAE A Collaborative Research Project By Faisal Salim, Jassim Ahmed & Rashid Aatif Page | 6 UAE where the Law seems to be favoring the local agent as the principal agent cannot terminate the agency contract without compensation and to dispute the the agency issues principal has to has to go to the committee where he has to wait for 60 days for any action to be taken. The biggest drawback of UAE’s law is that a Local ‘Emarati’ (UAE Citizen) only can be an agent. To make an agent who is non ‘Emarati’ one has to keep a UAE citizen in front to sign the agency agreement and registration in the ministry and then delegate the authority to another non ‘Emirati’ company to manage the agency, fee has to be paid to the local Emirati for his representation this arrangement is known as ‘Sham’. Because of the Commercial Agency Committee, most of the disputes are settled out of court and the courts will not undertake such disputes unless for a special condition, for this reason, UAE Agency Law has not matured and is vague and undefined in most areas, as no major amendments have been made since 1981. For instance