Enforcement Of Foreign Judgments And Arbitration Awards In Iraq

Article by Mr Saleh Majid (Advocate (Iraq),

Rechtsbeistand (Germany) for business laws of Arab countries,

B.A.Law (Baghdad), Dip.Air Law, Postgrad Dip.Law (London), M.C.I.

Arb.

During recent years, there have been many court judgments and

arbitration awards rendered against Iraqi government entities

arising from contracts concluded during Saddam's regime. The

question of the enforcement of such awards remains a matter of

concern for the creditors.

Iraq is not a party to the New York convention for Enforcement

and Recognition of Foreign Arbitral Awards nor to any other

international convention concerning enforcement of foreign

judgments, except those concluded between the members of the Arab

League and a few bilateral agreements.

The enforcement of foreign judgments is subject to Iraqi Law no.

40 of 1980 on Enforcement, as well as the Law no. 30 of 1928 as it

will be dealt with here below.

The Iraqi Law for Enforcement no. 40, 1980 has laid down

detailed procedures for the enforcement of judicial awards as well

as for specific commercial documents and other deeds.

Article 3 of Law 40/1980 states that the

Law applies to foreign judicial decisions, which become enforceable

in Iraq, subject to any applicable international agreement.

Article 12 of Law 40/1980 states that no

foreign judgment will be enforceable in Iraq, unless it is deemed

enforceable in accordance with Law 30/1928, or with an

international agreement.

The Iraqi Law for Enforcement of Foreign Judicial Awards no. 30

of 1928 sets out the conditions for enforcement of foreign judicial

decisions. Iraq has also entered into a few bilateral agreements

for enforcement of judicial awards as well as into a number of Arab

League Conventions for judicial cooperation.

In other words, enforceability of foreign judicial

awards in Iraq is limited to such foreign awards that qualify for

enforcement under Law 30/1928 for Enforcement of Foreign Judicial

Awards.

Article 11 of Law 30/1928 states that it applies only

to:

foreign judgments issued in a country that has a

bilateral agreement with Iraq,

and if such country is specifically named by Iraqi

regulations issued by the government,

and subject to a condition of

reciprocity.

The court of Cassation1 stated that in order to apply

Law no. 30/1928, specific regulations must exist authorising the

enforcement of judicial awards issued in a specific country.

The government has issued a limited number of regulations

permitting the enforcement in Iraq of...