IRAQ Law and Practice Contributed by: Buraq Al-Hamdy, Waddah Hamed, Sajida Ankouni and Mohammad Jaber, Basrah Obelisk Law Firm Ltd
Conditions for Granting Relief Interim measures are generally subject to the appli- cant demonstrating urgency, prima facie rights and a risk of harm that cannot be adequately remedied by damages alone. Courts exercise discretion on a case-by-case basis, balancing the interests of both parties and ensuring that interim relief is not used as a substitute for a final judgment. Practical Use In practice, interim relief is commonly sought in com- mercial litigation, particularly in disputes involving debt recovery, contractual breaches, and enforce- ment risks. However, success depends heavily on the strength of documentary evidence and the ability to demonstrate immediate risk. 2.7 Final Relief In Iraq, courts have broad authority to grant final relief in civil and commercial disputes, with remedies gen- erally aimed at enforcing contractual rights, compen- sating loss or restoring parties to their pre-dispute position. Monetary Damages Monetary damages are the primary form of final relief. Courts award compensation for proven loss resulting from breach of contract or wrongful conduct. The claim- ant must establish causation and quantify loss with sup- porting evidence, typically documentary in nature. Specific Performance Courts may order specific performance where con- tractual obligations are clear, enforceable and capa- ble of execution. This remedy is more common in commercial contracts involving defined obligations, although courts may refuse it where performance is impractical or overly burdensome. Termination and Rescission Termination or rescission may be granted in cases of material breach. This is often accompanied by restitu- tionary consequences, including reversal of payments or restoration of parties to their original position where feasible.
to the public. However, commercially sensitive details are not typically disseminated beyond the scope of the case file, and practical confidentiality is often maintained through the procedural handling of docu- ments rather than formal legal classification. Certain categories of disputes, such as those involv- ing family matters or specific regulated sectors, may benefit from additional confidentiality protections. In commercial litigation, however, confidentiality is not automatic and must usually be requested and justified before the court. Overall, while the Iraqi court system is formally pub- lic in nature, a degree of practical confidentiality is achievable through procedural management and tar- geted court requests, particularly in sensitive com- mercial and corporate disputes. 2.6 Interim Relief In Iraq, interim relief is available through the civil courts and forms an important procedural mechanism to preserve rights and prevent irreparable harm pend- ing the resolution of the main dispute. The courts have broad discretion to grant precautionary and protective measures where there is urgency or a risk that the enforcement of a future judgment may be prejudiced. Types of Interim Relief The most commonly sought forms of interim relief include precautionary attachment orders over mov- able and immovable assets, injunction-type measures to prevent ongoing harm, and orders aimed at pre- serving the status quo between the parties. Courts may also order the deposit of disputed assets or funds with a court-appointed custodian in certain circum- stances, particularly where ownership or entitlement is contested. In commercial disputes, interim relief is frequently used to secure monetary claims, prevent asset dis- sipation, or maintain contractual performance pending adjudication. The court may also appoint experts or issue procedural orders to safeguard evidence where there is a risk of loss or alteration.
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