تنفيذ قرارات التحكيم الدولي: هل هواجس العراق لها ما يبررها؟

Abstract

Trustworthy, arbitration represent a vital guarantee for foreign investor who looking forward to investing in a state such as Iraq which is considered a post- conflict countrly.This article aims to evaluate and analyse the Iraqi attitude of enforcement foreign arbitral awards. Particularly, Iraq has not yet promulgates a basic legislation for international commercial arbitration or promulgates laws involvement on enforcement of foreign arbitral awards. Iraq still depends on civil procedures law No 83 of 1969 which does not regulate enforcement of foreign arbitral award. It does not recognise between domestic award and international award,let alone Iraq has not joined the New York Convention of 1958 which is considered one of the leading convention in enforcement of foreign arbitral award. This article represents and diagnoses the Iraqi concerns of adhering to this convention. Moreoverg it offers the ways to overcome such concerns through proposing domestic and international solutions by promulgating international commercial arbitration and also amend the Iraqi enforcement laws. It also designs a clear mechanism to enforce foreign arbitral awards. The authors argue that the domestic solutions are not sufficient unless Iraq becomes part of the New York Convention of 1958.