The role of arbitration in the field of administrative contracts in Iraq

Abstract

Judiciary is the primary means of settling disputes that arise between
individuals and establishing justice between members of society.
However, due to long duration, the accumulation of cases at the courts,
and the slow pace of procedures, all of this prompted the search for
another way to resolve those disputes at the least possible time so that the
legal centers can stabilize between the disputants. Hence, comes the role
of the arbitration system as an ideal and easy way to resolve such
disputes, which is an exception from the original, which is judiciary,
which has the responsibility to settling contract disputes ,(in Iraq, the
ordinary judiciary deals with this). Therefore, arbitration has become a
necessary requirement in developing countries that are looking to
strengthen their national economy, especially if its national capital is
unable to meet their basic needs. However, this raised the ire of judiciary
in comparative countries that refused to resort to arbitration in
administrative contracts under the pretext that this affects the sovereignty
of the state, requiring some conditions and excluding some contracts, as
in France and Egypt. In Iraq, the legislator allowed resorting to
arbitration in disputes, regardless of the nature of the contract. This was
mentioned in special articles and under the supervision of the ordinary
judiciary. Accordingly, and in response to the economic conditions in the
country and what is required to encourage investment as well as attract
foreign companies and funds in order to strengthen the economy, absorb
unemployment, and employ the hands, the Iraqi legislator issued the
Investment Law No. 13 of 2006, indicating the possibility of the
conflicting parties to resort to internal and international arbitration,
especially since international companies fear the internal judiciary on the
one hand, and the protection of their capital on the other hand.