Commercial Arbitration Lawyer

A commercial arbitration lawyer is the cornerstone of companies and business owners to resolve commercial disputes both most effectively and quickly. In the complex and ever-changing world of business, disagreements may arise that could undermine the stability of companies and the continuity of projects. This is where the role of a lawyer specialized in commercial arbitration becomes important in representing their client before courts. In this article, we will discuss the procedures of arbitration cases and the advantages of the best arbitration lawyers, along with several topics that offer you a comprehensive guide to choosing the appropriate arbitration lawyer. Therefore, keep reading this article to the end.

We, at Al-Hukok Law Firm for Legal Consultations, provide commercial arbitration services in Iraq and Kurdistan. We possess sufficient experience to represent our clients before courts with high efficiency. Therefore, if you wish to choose an experienced arbitration lawyer, we have got your back covered. Contact us now.

 

 

The Best Arbitration Lawyer

When a case is assigned to the best arbitration lawyer, the first thing he does is to determine whether arbitration against the disputing party is worth the representation and effort from a legal and financial perspective, while establishing a suitable strategy for the case.

Among the tasks of an arbitration lawyer are:

• Evaluation: Assessing the strengths and weaknesses of the client’s lawsuit, while identifying the demands that can be correctly presented.
• Drafting Arbitration Agreements: To determine the dispute resolution mechanism, arbitration agreements must be drafted between the contracting parties.
• Representation: In this task, the lawyer represents their client before the international or local arbitration panel.
• Preparing Legal Memoranda: The experienced lawyer presents the evidence and proofs they have gathered during the case research period to convince the court of the principal’s right.
• Objecting to Arbitral Awards: In the event of a legal breach or violation of the procedures followed in the court, the good lawyer submits their objection to the arbitral awards.
• Enforcing Arbitral Awards: The judgments issued by the competent judicial authorities are enforced, and this is the final task of the arbitration lawyer.

Arbitration Procedures in Iraq and the Kurdistan Region

Commercial arbitration procedures in Iraq and the Kurdistan Region depend on the applicable national legal regulations in the country and include several diverse stages to resolve disputes outside official courts.

First: Arbitration in Iraq

Arbitration in Iraq relies on several points:

1. Civil Procedure Law No. 83 of 1969: This law allows recourse to arbitration in disputes related to the execution of a specific contract.
2. Investment Law No. 13 of 2006: Resorting to commercial arbitration is permitted only in the event of an agreement between the investor and the state, as stipulated in Article (27).
3. Instructions for the Implementation of Government Contracts No. 1 of 2008: They allow and permit recourse to international arbitration to resolve disputes when the other party to the contract is a foreigner, in accordance with Article (11).
4. Iraq’s Accession to the New York Convention of 1958: In 2021, Iraq acceded to the convention that recognizes and enforces foreign arbitration awards, with reservations related to reciprocity and commercial disputes only.

Arbitration Procedures in Iraq

1. Agreement of the Parties on Arbitration: parties must agree to resort to arbitration, either in the original contract or in another agreement.
2. Selection of Arbitrators: The arbitrator or arbitration panel is selected in accordance with the agreement reached between the parties.
3. Implementation of Procedural Rules: The parties agree on the rules that govern the arbitration procedures according to the case between them.
4. Issuance of the Arbitration Award: After the presentation of evidence and pleadings by the arbitration lawyer, the arbitration panel issues a binding decision on both parties.
5. Enforcement of the Arbitration Award: After the award is ratified by the competent court, it is enforced in accordance with Article (272) of the Civil Procedure Law (2).

Second: Arbitration Procedures in the Kurdistan Region are similar to the procedures in Iraq.

However, arbitration and the legal framework in the Kurdistan Region are regulated according to the following:

• Investment Law in the Kurdistan Region of 2006: Article (17) stipulates that the settlement of disputes between the parties shall be in accordance with the concluded contract. In the absence of a provision, recourse can be made to arbitration in accordance with the applicable laws in the Kurdistan Region.
• Federal Legislation: Because Kurdistan is part of Iraq, federal laws such as the Civil Procedure Law also apply in the region.

 

How to Choose the Right Arbitration Lawyer

One of the crucial steps in the success of any dispute submitted to arbitration is choosing the right arbitration lawyer who possesses extensive experience in the field. Here are the most important requirements to consider when selecting an arbitration lawyer:

1. Specialized Experience in Arbitration: Ensure that the lawyer has a track record full of arbitration cases, especially in your filed (commercial, real estate, or investment), and that they have represented parties before.
2. Knowledge of Local and International Arbitration Laws: They should have complete knowledge of international arbitration laws and the procedural rules in the country where you are located.
3. Skilled in Legal Drafting: A successful lawyer is proficient in drafting commercial arbitration agreements and legal memoranda and is capable of providing professional responses, defenses, and evidence preparation.
4. Possesses Negotiation and Communication Skills: When choosing an arbitration lawyer, you must ensure they have high skills in effective negotiation and persuasion to represent you firmly before the arbitrators.
5. Established Reputation: Verify the reputation of the lawyer or law firm through client reviews, references from previous clients, success stories, awards, and professional rankings.
6. High Confidentiality and Independence: You must choose a lawyer who demonstrates professional impartiality and maintains the confidentiality of arbitration information and the dispute, as these are among the most important factors for the success of arbitration cases.
7. Financial Transparency: Choose someone who provides clear contracts from the beginning for the services they offer you and the fees, and discuss service charges transparently before agreeing with the lawyer.

Choosing a professional arbitration lawyer makes it easier for you and enhances the success of your case, as well as saving you potential losses in a complex dispute. It is best to consult more than one lawyer before making the final decision. All the criteria for choosing the right lawyer are available with the lawyers at Al-Hukok Law Firm for Legal Consultations, so do not hesitate to choose us and contact us to prove our competence. Contact us now and get a free consultation.