Legislation Details
- Full Title: Cabinet Resolution Concerning the Commercial Agencies Committee
- Law Type: Cabinet Resolution
- Law Number: No. (82) of 2023
- Issued Date: 18 Jul 2023
- Effective Date: 01 Aug 2023
- Official Gazette: No. 756
- Sector: Economy and Business
- Status: Active
- Number of Articles: 13
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the Commercial Agencies Committee, which is responsible for resolving disputes between parties to commercial agency agreements registered in the UAE. The law defines the Committee's structure, operating procedures, and decision-making powers. It also specifies the timeframes for resolving disputes and the appeal process against the Committee's decisions. The law aims to provide a specialized and efficient mechanism for addressing commercial agency-related conflicts, which are important for businesses operating in the UAE. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 1-6)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to establish the Commercial Agencies Committee and regulate its operations in resolving disputes between parties to commercial agency agreements registered in the UAE. The law applies to all such commercial agency relationships and grants the Committee the authority to examine and decide on these disputes. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- Ministry: The Ministry of Economy
- Minister: The Minister of Economy
- Application: The request submitted to the Committee to examine disputes between parties to a commercial agency
- Register of Applications: A register maintained by the Ministry to record all applications and the Committee's decisions
- Business Day: The official working day determined at the Ministries
- Law: Federal Law No. (3) of 2022, Regulating Commercial Agencies
(Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The Committee must begin examining a dispute within 22 business days of receiving a complete application. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(6)a) 2. The Committee must decide on a dispute within 120 days of receiving the application, otherwise either party can revert to the judiciary within 60 days. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(6)b) 3. The Committee's decision must determine which party will bear the fees, expenses, and expert fees. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(7)b) 4. The Committee must notify the dispute parties of its decision within 15 days of issuance. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(7)d) 5. The Committee must submit a bi-yearly report to the Minister on the disputes it has examined. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(8))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible under this law are: 1. The Ministry of Economy, which oversees the Committee's operations. 2. The Minister of Economy, who nominates the Committee members (other than the Chairman). 3. The Minister of Justice, who appoints the Committee Chairman. 4. The Committee itself, which is responsible for examining and deciding on commercial agency disputes. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 2)
What are the penalties for non-compliance?
This law does not specify any penalties for non-compliance. The legislation focuses on establishing the Committee and regulating its procedures for resolving commercial agency disputes. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023)
What fees, charges, or financial provisions are specified?
The law states that the applicant must pay a fee prescribed by the Ministry before their application is registered. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(5)b) Additionally, the law specifies that each Committee member shall be paid a financial compensation of AED 3,000 for each session they attend, up to a maximum of AED 48,000 per year. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 4)
What are the key deadlines and time limits?
The key deadlines and time limits under this law are: 1. The Committee must begin examining a dispute within 22 business days of receiving a complete application. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(6)a) 2. The Committee must decide on a dispute within 120 days of receiving the application. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(6)b) 3. If the Committee fails to decide within 120 days, either party can revert to the judiciary within 60 days. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(6)b) 4. The Committee must notify the dispute parties of its decision within 15 days of issuance. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 3(7)d)
How does this law interact with other UAE legislation?
This Cabinet Resolution repeals the previous Cabinet Resolution No. (52) of 2021 Concerning the Commercial Agencies Committee. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 5(1)) The law also references Federal Law No. (3) of 2022, Regulating Commercial Agencies, as the applicable law governing commercial agency relationships in the UAE. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 1)
When did this law come into effect?
This Cabinet Resolution came into effect on 1 August 2023, the day following its publication in the Official Gazette. (Cabinet Resolution Concerning the Commercial Agencies Committee, 2023, Art. 6)
Source Documents
This article analyses Cabinet Resolution Concerning the Commercial Agencies Committee for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.