التنظيم القانوني لتحكيم الطوارئ

Abstract EN

Arbitration was and still is a fertile field and an open field for many studies, due to its presence and its important role in settling disputes away from the judiciary, and evidence of this is its rapid development, and the emergence of types that meet the requirements of the legal environment in general and commercial in particular, and the best example of this is the emergence of the so-called system emergency arbitration or pre-arbitration arbitration, in order to avoid the shortcomings of ordinary arbitration, as arbitration has become by its nature like the judiciary needs a period of time that may take years in order to reach the final ruling in the dispute, and therefore there is no inevitable that there should be temporary measures that preserve the rights of the parties to the dispute.

given the importance of emergency arbitration, it has become recognized by the rules organizing international trade and has become applied by many international arbitration centers other than the Iraqi law, which made the consideration of urgent matters the jurisdiction of the judiciary.

states and their legislation, especially after Iraq joined the convention on the recognition and implementation of foreign arbitral awards (New York 1958) by law no.

14 of 2021.