Iraq
Jawad KhalafPartner,Head of Litigation - Iraqj.khalaf@tamimi.com
Zainab SaadAssociate,Dispute Resolutionz.saad@tamimi.com
Is there any legislation governing mediation in Iraq? If the response is negative, are there any preparatory legislative project relating to mediation?No, there is no legislation governing mediation in Iraq, nor there are any preparatory projects in this regard.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?No, conciliation and mediation are not covered under Iraqi law.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Both conciliation and mediation cannot be administered by the Court. If the parties voluntarily decide to pursue mediation or conciliation then the law does not prohibit them from doing so. However, the Court and the execution departments do not have the power to execute settlement agreements reached by the parties.
Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?As stated above, mediation is not regulated by Iraqi Law, therefore, the matter is left to the parties’ agreement as long as such agreement is in accordance with public policy and does not violate any laws or rules.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.There is no such concept under the law
Are settlement agreements resulting from mediation enforceable before the Courts?Settlement agreements resulting from mediation cannot be executed before the Court since such agreement is not among the documents specified under the Execution Law No. 45 of 1985. If a party wishes to execute a settlement agreement then the parties need to enforce it by filing a claim before the court.
Does the law in your jurisdiction address the suspension of the limitation period during mediation process?No, the limitation period will not be suspended or interrupted by the mediation process because limitation is matter of public policy and only litigation claims can suspend or interrupt limitation periods.
How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.Does the law in your jurisdiction allow parties to take interim measures during the mediation process?It is worth noting that there is no legal obligation preventing one of the parties to take interim measures. The Court will allow the parties to take interim measures in two cases; (i) if the parties agreed during the negotiation of the settlement to take interim measures; or (ii) if one of the parties decide to take interim measures and all the conditions of the interim measures are met. However, the party who applied for interim measures must file a claim within seven (7) days.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)No, Iraq does not currently have any mediation centres.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.Iraq does not have a Code of Professional Conduct governing the profession of meditator.
Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?No, Iraq is not a party to the Singapore Convention on mediation.
Are there any mediation training centres in your jurisdiction?No.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).No.
