موقف المشرع العراقي من اتفاقية نيويورك لتنفيذ الأحكام الأجنبية لعام 1958

الملخص EN

Arbitration is the first way to settle disputes of an international nature, especially commercial disputes, as it is a fast and guaranteed way to solve disputes arising from these relationships, and that its guarantee is important to the foreign investor looking to invest in a country like Iraq.

Arbitration ends with the decision issued by the arbitrator or arbitration board, and the recognition and implementation of the foreign arbitration ruling is one of the most important supplies and necessities of the globalization era considering that denial of recognition and implementation is inconsistent with the need for international transactions, because it impedes the development of trade and economic relations, and ultimately leads to the disruption of transactions between individuals.

The New York Convention for the Recognition and Implementation of Foreign Arbitration Provisions of 1958 is a unified legislation shared by a large number of countries in the world.

This agreement did not originate from a vacuum but was the result of previous international legislative experiences.

That Iraq did not refer to the international arbitration within the provisions of the Iraqi Civil Procedure Law in force No.

83 of the year 6۱۹6 in force and amended, and even that the local arbitrators 'decisions do not have any legal authority and are not executive documents unless they are reviewed and ratified by the competent court in Iraq, so how did he authorize with decisions Foreign arbitration? Accordingly, the importance and necessity of Iraq joining the New York agreement for the recognition and implementation of foreign arbitration decisions, because it lays out appropriate solutions to solve the problems of recognition and implementation of foreign arbitration decisions.