IRAQ Law and Practice Contributed by: Buraq Al-Hamdy, Waddah Hamed, Sajida Ankouni and Mohammad Jaber, Basrah Obelisk Law Firm Ltd
Hearings and Evidentiary Phase The court conducts periodic hearings during which the judge reviews submissions, examines documen- tary evidence, hears oral arguments where necessary and may appoint experts, particularly in technical, accounting or industry-specific disputes. This phase is often decisive in practice, as it allows the court to test the evidentiary record and resolve factual issues. Judgment at First Instance Once the court considers the case sufficiently exam- ined, it issues a reasoned written judgment. In practice, where documentation is complete and hearings proceed efficiently, the first instance stage – including pleadings, hearings and judgment – may take approximately six months in straightforward commercial disputes. Appeal and Cassation Stages Following the first instance judgment, parties may appeal to the Court of Appeal, which reviews both factual and legal issues. A further recourse is available before the Court of Cassation, which focuses primarily on points of law and legal interpretation. Each of these appellate stages typically requires between three to six months, depending on complexity and procedural developments. 2.5 Confidentiality In Iraq, court proceedings are generally grounded in the principle of public hearings, meaning that disputes are, as a rule, heard in open court. This reflects the broader principle of transparency in judicial processes, particularly in civil and commercial litigation. However, in practice, the level of public access is often limited by procedural realities and the nature of the dispute. Although hearings are formally public, courts retain discretion to restrict attendance in specific circum- stances, particularly where confidentiality is required for reasons relating to public order, morality, or sensi- tive commercial information. In complex commercial disputes, parties frequently request that certain docu- ments or expert reports be treated with confidential- ity, especially where they involve financial data, trade secrets or proprietary business information. Judgments are generally issued in written form and may be accessible to the parties and, in some cases,
to terminate, the contractual basis for termination, and a defined notice period allowing the other party an opportunity to remedy any alleged breach. These requirements are typically treated as a condition prec- edent to valid termination rather than a mere formality. Failure to comply with contractual notice requirements may have significant legal consequences. Iraqi courts may consider a termination carried out without proper notice as procedurally defective or premature, which may in turn expose the terminating party to claims for damages arising from wrongful termination or breach of contract. In addition, non-compliance may weaken the legal position of a claimant relying on termination as the basis of its claim and may lead to counterclaims by the opposing party. Nevertheless, failure to observe pre-action contractual notice obligations does not generally bar access to the courts. Instead, it is assessed within the broader context of contractual interpretation and the conduct of the parties, with courts placing particular emphasis on the principle of good faith and the intent underlying the contractual relationship. 2.4 Stages of Court Proceedings In Iraq, civil and commercial proceedings follow a structured, multi-stage process governed by the Civil Procedure Code, with a strong emphasis on written pleadings supported by judicially managed hearings and evidentiary review. Commencement of Proceedings Proceedings are initiated by filing a statement of claim before the competent Court of First Instance. The court registers the claim and formally serves it on the defendant, who is granted a period to submit a writ- ten defence. This stage also allows the submission of preliminary objections and counterclaims, which may influence the scope of the dispute from an early stage. Pleadings and Written Submissions The proceedings then move into a written phase in which both parties exchange detailed pleadings, including claims, defences, rejoinders and support- ing documents. The court may request clarifications or supplementary memoranda, and this stage is central in defining the factual and legal framework of the case.
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