IRAQ Law and Practice Contributed by: Buraq Al-Hamdy, Waddah Hamed, Sajida Ankouni and Mohammad Jaber, Basrah Obelisk Law Firm Ltd
and proceedings are governed by the Iraqi Civil Pro- cedure Code. The system is hierarchical, allowing for multiple levels of review, culminating in the Court of Cassation as the highest judicial authority for ordinary civil and com- mercial matters. First Instance Courts (Courts of First Instance) The Courts of First Instance are the primary trial courts for civil and commercial disputes. They have general jurisdiction over contractual disputes, corporate mat- ters and financial claims. Key features include: • full examination of facts and law; • hearing of witnesses and expert evidence where necessary; and • issuance of binding first-instance judgments. These courts form the main entry point for most com- mercial litigation. Appeal Courts Appeal Courts review decisions issued by the Courts of First Instance. Their role is both factual and legal review, although in practice greater emphasis is placed on legal interpretation. Key characteristics: • reassessment of evidence and legal reasoning; • authority to uphold, amend or revoke first-instance judgments; and • function as an intermediate corrective stage before cassation review. Appeals are generally available as of right in most civil and commercial matters. Court of Cassation The Court of Cassation is the highest judicial authority for civil and commercial disputes. Its role is primarily supervisory and focused on ensuring correct applica- tion of law rather than reassessment of facts.
Its functions include: • reviewing legal errors in lower court decisions; • ensuring consistency in judicial interpretation; and • issuing final and binding judgments in ordinary civil and commercial cases. Specialised and Parallel Jurisdictions In addition to the general courts, certain specialised bodies operate within the broader judicial framework, including: • tax-related dispute committees and judicial review mechanisms; • labour dispute structures with quasi-judicial stages prior to court escalation; and • administrative courts for disputes involving public authorities, where applicable. Practical Operation of the System In practice, most commercial disputes follow a struc- tured path from First Instance Courts to Appeal Courts and ultimately the Court of Cassation if required. The process is formal and document-driven, with limited oral advocacy compared to common law systems. Key Takeaway The Iraqi judicial system is a three-tier hierarchy (First Instance – Appeal – Cassation), supported by special- ised quasi-judicial bodies for sector-specific disputes, ensuring both factual review and legal consistency. 2.3 Pre-Action Conduct In Iraq, there are no general statutory pre-action con- duct requirements mandating parties to follow a pre- scribed procedure before initiating court proceedings. As a result, a claimant is generally entitled to file a law- suit directly before the competent civil courts without the need to exhaust formal pre-litigation steps, unless such requirements arise from specific legislation or contractual arrangements between the parties. In commercial practice, pre-action conduct is primar- ily governed by contractual notice obligations, par- ticularly in relation to termination, cancellation or with- drawal from contracts. It is common for agreements to require a party intending to terminate a contract to issue a written notice clearly stating the intention
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