التدابير الوقائية وفقا لقانون التحكيم العراقي : خطة إلى الأمام و اثنتين إلى الوراء

الملخص EN

“Interim measures” is considered one of the most effective and important device of international commercial arbitration.

This is so because it is provided the dispute parties in protection for any potential damage.

It is represent quick and urgent decision to protect the dispute parties‟ rights.

Although, these decisions are very important for arbitration process, Iraq does not regulate interim measures explicitly nor express the competent authority to issue such measures.

Moreover, Iraq does not design any mechanism to enforce interim measures issued by foreign arbitral tribunal.

Therefore, this article will shade the light on interim measures in the Iraqi arbitration law and the competent authority which has the power to issue such measures.

And also, discuss whether the arbitral tribunal has the power to issue interim measures or it is exclusive power for the Iraqi national courts.

This article also, will focus on the procedures to enforce these measures under Iraqi law and the challenges may face the foreign investor who seeks to enforce interim measures in Iraq.

Therefore, this article suggests some solutions to these challenges