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Non Circumvention Agreement

Non Circumvention Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Non Circumvention Agreement

"I need a Non Circumvention Agreement for my Dubai-based technology consulting firm to protect our client relationships and business opportunities when working with potential partners in the UAE and GCC region, including specific provisions for commission protection and a 3-year term starting March 2025."

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Document background
This document is essential in the UAE's business environment where relationship-based commerce is fundamental to business success. A Non-Circumvention Agreement is typically used when parties enter into discussions about business opportunities, joint ventures, or other commercial arrangements where there is a need to protect business relationships, connections, and opportunities from being circumvented or bypassed. The agreement is structured in accordance with UAE law, particularly the UAE Civil Code (Federal Law No. 5 of 1985) and the Commercial Transactions Law (Federal Law No. 18 of 1993). It is commonly used in situations involving business introductions, deal brokering, or when sharing valuable business contacts and opportunities. The document includes specific provisions for remedies and enforcement mechanisms that are compatible with UAE legal requirements and business practices.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details

2. Background: Context of the business relationship and purpose of the agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Business Relationship', 'Circumvention', 'Protected Parties'

4. Non-Circumvention Obligations: Core provisions prohibiting direct/indirect circumvention of business relationships and dealings

5. Confidentiality Obligations: Obligations regarding the protection and non-disclosure of confidential information

6. Term and Duration: Period of effectiveness for the agreement and survival of obligations

7. Prohibited Activities: Specific list of prohibited actions and behaviors

8. Representations and Warranties: Parties' confirmations regarding their authority and capacity to enter into the agreement

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

10. General Provisions: Standard contract clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Commission Protection: Used when the agreement needs to protect commission arrangements or finder's fees

2. Non-Solicitation: Added when parties wish to prevent solicitation of employees or clients

3. Territory Restrictions: Include when the agreement applies to specific geographic regions or markets

4. Electronic Communications: Added when parties conduct significant business through digital means

5. Dispute Resolution: Optional detailed dispute resolution procedures, including mediation steps

6. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

7. Assignment and Succession: Used when transfer of rights needs specific regulation

Suggested Schedules

1. Schedule 1 - Protected Relationships: List of specific business relationships, contacts, and opportunities protected under the agreement

2. Schedule 2 - Protected Territory: Detailed description of geographic areas covered by the agreement

3. Schedule 3 - Fee Structure: Details of any commission arrangements or fee structures being protected

4. Schedule 4 - Authorized Representatives: List of individuals authorized to act under the agreement

5. Appendix A - Notice Requirements: Specific procedures and contact details for formal notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Business Opportunity
Business Relationship
Circumvention
Confidential Information
Contact
Direct Approach
Disclosing Party
Effective Date
Group
Indirect Approach
Intellectual Property Rights
Introduction
Notice
Protected Business
Protected Information
Protected Party
Protected Period
Receiving Party
Related Person
Representatives
Restricted Territory
Source
Subsidiary
Term
Third Party
Transaction
Working Day
Commission
Business Contact
Disclosed Opportunity
Trade Secrets
Proprietary Information
Authorized Representative
Relevant Industries

Financial Services

Real Estate

International Trade

Technology

Construction

Professional Services

Investment Banking

Manufacturing

Energy

Healthcare

Telecommunications

Hospitality

Maritime and Shipping

Consulting

Import/Export

Relevant Teams

Legal

Business Development

Commercial

Executive Leadership

Procurement

Finance

Strategy

Operations

Mergers & Acquisitions

Compliance

Corporate Development

Investment

Client Relations

Contracts Administration

Relevant Roles

CEO

Managing Director

Business Development Manager

Commercial Director

Legal Counsel

Chief Financial Officer

Investment Manager

Project Manager

Business Broker

Contract Manager

Relationship Manager

Partner

Executive Director

Head of Strategy

Chief Operating Officer

Business Owner

Procurement Manager

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Governs general contract principles, obligations, and civil transactions. Particularly relevant for contract formation, validity, and enforcement provisions.
UAE Commercial Transactions Law (Federal Law No. 18 of 1993): Regulates commercial transactions and business relationships between parties. Relevant for establishing commercial obligations and duties.
UAE Commercial Companies Law (Federal Law No. 2 of 2015): Contains provisions regarding business relationships and competition between companies, relevant for defining scope of non-circumvention.
UAE Anti-Commercial Fraud Law (Federal Law No. 19 of 2016): Provides framework for preventing unfair commercial practices and protecting legitimate business interests.
UAE Competition Law (Federal Law No. 4 of 2012): Regulates anti-competitive practices and ensures fair competition, relevant for determining permissible restrictions in business relationships.
UAE Cyber Crime Law (Federal Law No. 5 of 2012): Relevant if the agreement involves protection of electronic data and digital business relationships.
DIFC Law No. 5 of 2005 (Law of Obligations): If parties choose DIFC jurisdiction, this law governs contractual obligations and remedies in the Dubai International Financial Centre.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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