IRAQ Law and Practice Contributed by: Buraq Al-Hamdy, Waddah Hamed, Sajida Ankouni and Mohammad Jaber, Basrah Obelisk Law Firm Ltd
Such measures are typically granted where there is urgency, a serious underlying claim and a balance of convenience in favour of the applicant. 6.6 Summary Judgment Summary judgment is not a widely developed pro- cedural mechanism in Iraq. However, courts may expedite resolution in cases where the claim is clear- ly established on the basis of documentary evidence and there is no substantial dispute of fact. In practice, full evidentiary proceedings remain the standard approach in most commercial disputes. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms In Iraq, there is no formal class action or representative collective action mechanism under the current proce- dural framework. Claims are generally brought on an individual basis before the competent courts. Where multiple claimants are involved, cases may be consoli- dated procedurally where they arise from the same facts or legal relationship, subject to the court’s discretion. 7.2 Standing Requirements Standing is determined individually under Iraqi proce- dural law. Each claimant must demonstrate a direct legal interest in bringing the claim. There is no statu- tory framework allowing representative standing for group or class-based litigation in commercial dis- putes. 7.3 Relief Relief is awarded on an individual basis depending on the merits of each claim. Available remedies include monetary compensation and specific performance where applicable. Damages are assessed based on proven loss and causation, without any collective damages calcula- tion mechanism. 7.4 Class Actions, Mass Claims and Arbitration Class actions and mass claims are not a recognised feature of arbitration or court practice in Iraq. Arbitra-
tion remains strictly consensual and bilateral in struc- ture, even where multiple parties are involved. 7.5 Trends There is no established trend toward formal class actions in Iraq. However, in practice, courts occa- sionally deal with multiple related claims arising from similar facts, particularly in labour and commercial disputes, which are handled through procedural con- solidation rather than collective litigation. Under Iraqi Civil Evidence Law No 107 of 1979, there is no automatic pre-trial duty of disclosure between par- ties; evidence is typically submitted directly to the court during proceedings. Courts may order a party to pro- duce relevant documents under Article 9, with refusal leading to adverse inferences against the non-compliant party. Parameters include relevance to the dispute (Arti- cle 65), excluding privileged or state secret documents. 8.2 Privilege 8. Evidence 8.1 Disclosure Iraqi law recognises attorney-client privilege, protect- ing confidential communications between lawyers and clients from disclosure, per Evidence Law No 107/1979 and Bar Association Law No 173/1965; this applies to both external and in-house counsel. Docu- ments can be withheld on privilege grounds, including professional confidentiality and state secrets. Privilege is waived by client consent or court order in excep- tional cases, such as national security needs. 8.3 Confidentiality Evidence may be withheld on confidentiality grounds if it involves professional privilege (eg, attorney-client) or state secrets, as exceptions to disclosure under Evidence Law No 107/1979. Recognised exceptions to confidentiality duties include court orders for relevant evidence, nation- al security or public interest, where the judge assesses necessity versus protection. Personal or irrelevant docu- ments can also be refused if not proven essential. 8.4 Witness Evidence Witness evidence is admissible under Article 45 of Evidence Law No 107/1979; witnesses must be com-
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