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التحكيم وأثره على إختصاص القضاء (دراسة مقارنة)
https://doi.org/10.23918/ilic9.13
Keywords: Arbitration, Judiciary, Arbitration Clause, Negative and Positive Effects of Arbitration, Arbitration Agreement
PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law , Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Shahla Ali Ahmed Naema Kamal Ali
Faculty Members of the Law Department, College of Law, Salaheddin University– Erbil,Iraq
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Abstract
Arbitration is a system that bridges the old and the new. It was used by humanity since ancient times before the establishment of formal judicial systems, serving as a means to resolve disputes amicably within tribal communities. Today, arbitration has become a preferred method for dispute resolution, particularly in international trade, prompting international organizations to create legal frameworks through treaties, agreements, and model laws. Many countries have recognized arbitration and enacted new legislation to regulate all aspects of arbitration. In Iraq, arbitration is governed by the Civil Procedures Law No. (83) of 1969, but this law only addresses domestic arbitration and does not cover international arbitration.
However, the inclusion of an arbitration clause in some contracts as a means of resolving disputes that may arise during the contract’s execution presents certain issues. There may be conflicts between arbitration and the judiciary as the competent authority to resolve disputes between the parties to the contract. This raises an important question: Does the presence of an arbitration agreement negate the jurisdiction of the judiciary in resolving the dispute between the parties to the contract that includes an arbitration clause or arbitration agreement?
In this research, we will examine the Iraqi legislator’s stance on arbitration and explore how the existence of an arbitration agreement affects the jurisdiction of the judiciary, whether this effect is negative or positive. Thus, we have divided the research into two sections: the first section discusses the nature of arbitration, while the second section addresses the positive and negative dimensions of the impact of the arbitration agreement on judicial jurisdiction.
المصادر
أولاً: الكتب
ثانياً: المجلات والبحوث
ثالثاً:القوانين
قانون الإجراءات المدنية الفرنسي رقم