- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
The legal system to implement the provisions of international commercial arbitration | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 2, 2015, Pages 156-221 | ||
| Author | ||
| Ibrahim Ismail al-RubaieandAli Sabah Khudair AL-Janabi | ||
| Abstract | ||
| Spin the idea of research on the implementation of the provisions of the Commercial Arbitration of an international character , as the parent is to implement the arbitration award is Rezai ( voluntary ) by the parties after its release , but may respond to this original exception given is reluctance of one of the Parties on implementation , or failing that , which requires judicial involvement in the process of implementing the provisions of the arbitration . Especially that the Iraqi position is clear of that issue , although indicated Iraqi Investment Law No. (13) for the year (2006) to the possibility of resolving what the resulting disputes by resorting to international arbitration , as well as the case for instructions and implementation of government contracts (1 ) for the year (2008) issued by the Ministry of Planning has approved the resort to international arbitration in the event of a dispute between the competent authorities in Iraq and the foreign party contractor , as it has entered into several Iraqi ministries, a lot of contracts with foreign entities has ensured that the contracts clause to resort to international arbitration in the event of a conflict between them , has chosen the laws of various foreign applicable to the subject of the dispute such as the law of England, and the Swiss , also opted for foreign entities to settle the dispute as a room of international trade in Paris , and the Cairo Regional Centre for international Commercial Arbitration and others, however, did not show the mechanism of procedure followed in the case of a the provisions of the arbitration on the basis of those contracts so that did not indicate how they are implemented inside Iraq when issued abroad , and all this with the lack of clarity of the texts of Code of Civil Procedure Iraqi No. ( 83 ) for the year (1969) on arbitration does apply to international arbitration or limited to the arbitration procedure, as well as the case for the implementation of the provisions of the law of foreign courts in Iraq No. ( 30) for the year (1928 ) , the other texts are different on the extent of coverage for the implementation of the provisions of international arbitration or limited to the implementation of foreign judgments . This is what might push the state to uphold the immunity in the field of arbitration , whether the judicial immunity of the state and not to succumb to spend its courts other than national , or implementation of any immunity against non-implementation of the arbitration award issued against it. | ||
| Keywords | ||
| The real fruit of Arbitration a verdict that up to the arbitrators; and this ruling will not have any legal value or process if it remains just written phrases unenforceable; there is nothing more important than the possibility of implementing the rule; particularly in the international field as measured by the success of arbitration implement its provisions | ||
|
Statistics Article View: 44 PDF Download: 24 |
||