Solicitation agreements, also known as non-solicitation agreements, are an integral part of business contracts in the Arab world. These agreements are designed to protect the interest of a company by limiting the ability of its employees or business partners to solicit its clients, customers, or other employees after their employment or business relationship has ended.
In Arabic, solicitation agreements are referred to as اتفاقية عدم التسريب (Ittifāqīyat ʿadam al-tasrīb), which translates to “non-disclosure agreement.” The term “tasrīb” in Arabic refers to soliciting or enticing someone to leave their current business relationship or contract. Therefore, a solicitation agreement in Arabic essentially means an agreement that prohibits solicitation.
The enforcement of solicitation agreements in the Arab world is typically governed by the general principles of contract law and the specific provisions of the agreement. These agreements must be specific in terms of the prohibited activities and the scope of the restrictions. They must also be reasonable in terms of the duration, the geographic area covered, and the type of competition prohibited.
In practice, solicitation agreements in the Arab world are most commonly used in relation to three types of business relationships: employment, business partnerships, and mergers and acquisitions. In employment relationships, the agreement may be signed by the employee as a condition of employment or upon termination of employment. It typically includes provisions that prohibit the employee from soliciting the company`s clients and customers, using confidential information, or poaching other employees.
In business partnerships, the agreement may be signed by the partners as a condition of their partnership or upon termination of the partnership. It typically includes provisions that prohibit the partners from soliciting each other`s clients and customers, using confidential information, or engaging in competition.
In mergers and acquisitions, the agreement may be signed by the acquiring company and the target company as a condition of the acquisition. It typically includes provisions that prohibit the target company from soliciting its clients and customers or engaging in competition after the acquisition.
In summary, solicitation agreements play a crucial role in protecting the commercial interests of businesses in the Arab world. These agreements are enforceable under contract law and must be specific and reasonable in terms of the restrictions imposed. In Arabic, solicitation agreements are known as اتفاقية عدم التسريب (Ittifāqīyat ʿadam al-tasrīb), which roughly translates to “non-disclosure agreement.”