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Non-Competition Clauses and the QFC

أكتوبر 09 2015
Is a noncompetition clause contained within the contract of employment constitute an unreasonable restrain in trade?

Discusses the recent judgment in Chedid & Associates Qatar LLC v Said Bou Ayash which will have a direct impact on employers working in the Qatar Financial Centre. The Defendant was a Lebanese national who took up employment as an insurance broker. The Contract of Employment prohibited the Defendant, for a period of two years after the termination of his employment, from soliciting business from clients of the Claimant or from rendering services to such clients in competition with the Claimant. The Appellate Division held that it is not enforceable, considering Article 20 of the QFC Employment Regulations which provides that restrictive covenants, ‘must be reasonable, must not constitute an unreasonable restraint on trade, and must be appropriate to the circumstances of the Employee’s employment with the Employer’.

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