IRAQ Law and Practice Contributed by: Buraq Al-Hamdy, Waddah Hamed, Sajida Ankouni and Mohammad Jaber, Basrah Obelisk Law Firm Ltd
• dependence on a valid written arbitration agree- ment for enforceability; • continued involvement of Iraqi courts in appoint- ment, support and enforcement stages; • limited predictability in enforcement due to public policy review; • potential delays where court intervention is required; and • less developed institutional arbitration infrastruc- ture domestically. 3.5 Arbitral Institutions In Iraq, there is limited reliance on domestic arbitra- tion institutions, including the Iraqi Institute for Arbi- tration. In practice, parties frequently opt for interna- tional institutions such as the International Chamber of Commerce and the London Court of International Arbitration, particularly in cross-border contracts. Ad hoc arbitration under the UNCITRAL Rules is also widely used. Regional arbitration centres, particularly in Dubai, are often preferred in practice due to acces- The duration of arbitration in Iraq varies depending on complexity and procedural structure. In typical com- mercial disputes, proceedings may range from 12 to 18 months. More complex disputes, particularly in construction or energy-related sectors, may take longer due to evi- dentiary complexity, tribunal constitution and proce- sibility and regional familiarity. 3.6 Length of Proceedings In Iraq, arbitration is primarily regulated by the Iraqi Civil Procedure Code (1969), particularly Articles 172 to 214, which set out the framework governing arbi- tration agreements, appointment of arbitrators, pro- cedural rules and enforcement of awards. Law No 40 of 1977 also governs aspects of international com- mercial arbitration. In addition, Iraq is a party to the 1958 New York Con- vention on the Recognition and Enforcement of For- eign Arbitral Awards, which supports the recognition dural steps agreed by the parties. 3.7 Regulation of Arbitration
and enforcement of foreign arbitral awards subject to public policy considerations. Arbitration agreements must be in writing and are generally enforceable where they comply with man- datory provisions of Iraqi law. The procedural frame- work allows parties significant autonomy, while Iraqi courts retain a limited supervisory role, particularly in relation to tribunal constitution, interim support and enforcement. 3.8 Court Powers In Iraq, the courts play a supportive role in arbitration under the Iraqi Civil Procedure Code (Articles 172– 214) and Law No 40 of 1977. Their main powers include assisting with the con- stitution of the arbitral tribunal where parties fail to agree on appointments, as well as ordering interim measures in support of ongoing arbitration. Courts may also assist in procedural matters to ensure the effective conduct of proceedings. At the post-award stage, courts exercise a limited supervisory function focused on procedural compli- ance and public policy considerations. 3.9 Court Intervention In Iraq, court intervention in arbitration is limited and primarily supportive in nature under the Iraqi Civil Pro- cedure Code (Articles 172–214). Courts may intervene where parties fail to appoint arbitrators or where assistance is required in constitut- ing the tribunal. They may also grant interim measures in support of arbitration, including protective orders where appropriate. In addition, courts play a role in the execution and enforcement of arbitral awards, including reviewing awards for compliance with mandatory legal require- ments and public policy considerations prior to enforcement. Overall, judicial intervention is intended to facilitate arbitration without interfering with the autonomy of the arbitral process.
305 CHAMBERS.COM
Powered by FlippingBook