Arbitration in Administrative Contract Disputes in Iraq Between Administrative Requirements and Judicial Intervention: (An Analytical Study of the Draft Iraqi Arbitration Law)

Abstract

The establishment of an independent body specialized in managing arbitration has become an urgent necessity due to the great importance of arbitration in settling disputes arising from international and domestic trade contracts, given its many advantages, such as speed in deciding cases and confidentiality. It is also a means of encouraging capital owners to invest within the state. The judiciary’s supporting role is not limited to approving arbitration awards and granting them enforceability, but extends to activating the arbitration agreement and overcoming procedural obstacles facing arbitration, including the parties’ disagreement over the formation of the arbitral tribunal, whereby the judiciary intervenes to form it. The judiciary also plays an important role through judicial supervision of the arbitration process at all stages, before or after the award, and its effect on the speed of enforcing the international arbitration award according to the Iraqi draft Arbitration Law and the 1958 New York Convention.