Use this URL to cite or link to this record in EThOS:
Title: Recognition and enforcement of foreign commercial arbitration agreements and awards in Iraqi law : analytic study under the New York Convention of 1958
Author: Towfiq, Peshawa Sammad
ISNI:       0000 0004 7230 9875
Awarding Body: Glasgow Caledonian University
Current Institution: Glasgow Caledonian University
Date of Award: 2015
Availability of Full Text:
Access from EThOS:
It was found important to deal with a subject which was rarely the subject matter of any scholarly writing. This subject is the enforcement of foreign arbitration agreements and awards under Iraqi law. However, it was not intended for this thesis to deal with all aspects of enforcement, but only those enforcements which are subject to the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards). In this thesis, an attempt has been made to show how foreign awards and agreements, those made under the New York Convention, have been approached to in Iraq. As part of this attempt, it was tried to explain how important it is the New York Convention for the latter country. The research identified the steps which are very important for the Iraqi lawmaker to follow to further develop its arbitral legislation. In addition, the research explored how foreign awards under comparative cases and Statutes have been dealt with. These Statutes, together with the comparative cases, can serve as precedents of how awards, those which are foreign, can be enforced in Iraq. As the latter country is not party to the New York Convention, it was tried to find a link that connects Iraq to the latter Convention. This link can be drawn by reliance on the law of Iraqi arbitration itself. In addition, the law of Egyptian arbitration can serve as a connecting factor between the law of the latter country and the law of Iraqi arbitration. This can be perceived since the law of Iraqi arbitration reaches back to the same point at which the law of Egyptian arbitration has been launched. Besides, Iraq shares the same background as that of Egypt. The research came out with some recommendations for Iraq to adopt. It was suggested that it is better for that country to accede to the New York Convention of 1958. For such accession, it was found necessary that the law of Iraqi arbitration be reformed. Many tools, or alternative options, have been put forward before the Iraqi lawmaker to choose between them in order to reform its arbitral legislation. These options ranged between the New York Convention of 1958, the UNCITRAL Model Law on International Commercial Arbitration (1985), the legislation of some comparative jurisdictions and the Hypothetical Draft Convention of Berg. Finally, the research concluded with a recommendation that Germany and Egypt can be taken as exemplars of how the law of Iraq's arbitration and its enforcement provisions of foreign awards and agreements will be redrawn.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available