آليات تعزيز اليقين القانوني بقرارات التحكيم الأجنبي : دراسة تحليلية

الملخص EN

The form of arbitration, thanks to its advantages, is a better way to settle disputes, especially those that have an international capacity and resent making the national judiciary a judge in disputes due to the slowness of judicial procedures, as well as the fear of the lack of impartiality, especially with regard to international contract disputes that arise.

The state is a party to it, but the use of international arbitration as a means of resolving disputes has not been accepted by the legislation of the same degree and importance for all countries.

At the time when we see the legislator of a country who sees the international arbitration decision as a foreign judgment that is enforceable, we also see the legislator of another country that does not raise the value of the arbitration decision.

To the status of judicial rulings, and from these countries, Iraq, as the legal certainty of international arbitration provisions in Iraq is still faltering, and this is what prompted us to discuss mechanisms to enhance the supposed certainty of international arbitration provisions.