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Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq

Recognition and enforcement of international arbitration awards is the most important stage of arbitration, being one of the most important alternative methods for resolving petroleum disputes. When an arbitration award is issued, there are two ways to enforce it: The first is through voluntary (con...

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Main Authors: Mohammed, Haitham Abdulwahhab, Md Dahlan, Nuarrual Hilal, Md Isa@Yusuff, Yusramizza
Format: Article
Language:English
Published: 2023
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/29277/1/202310~1.PDF
https://repo.uum.edu.my/id/eprint/29277/
https://bildbd.com/index.php/blj/article/view/715
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spelling my.uum.repo.292772023-03-12T07:36:48Z https://repo.uum.edu.my/id/eprint/29277/ Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq Mohammed, Haitham Abdulwahhab Md Dahlan, Nuarrual Hilal Md Isa@Yusuff, Yusramizza K Law (General) Recognition and enforcement of international arbitration awards is the most important stage of arbitration, being one of the most important alternative methods for resolving petroleum disputes. When an arbitration award is issued, there are two ways to enforce it: The first is through voluntary (consensual) enforcement. The second is through judicial enforcement when the losing party refuses to respect the award. In order to enforce the arbitral award, the enforcement rules approved in each country shall be applied, taking into account the international conventions in this regard. Through doctrinal legal research methods, this research seeks to analyze the Iraqi laws that govern the enforcement of arbitration awards in petroleum disputes and to clarify the legal issues and challenges facing the enforcement of arbitration awards in Iraq, which are represented by the weaknesses of the Iraqi Code of Civil Procedures and the absence of a mechanism for enforcing arbitration awards in the Iraqi enforcement law and foreign court judgments, in addition to the existence of laws in force that prevent enforcement. The importance of this study lies in the necessity of developing the legal system for enforcing arbitration awards in Iraq to create a friendly environment for international arbitration, which will attract and encourage foreign petroleum investment in Iraq. Therefore, this study proposes a restructuring of the legal system for the enforcement of arbitral awards and the introduction of legislative improvements by enacting a new arbitration law, amending the Iraqi enforcement law, and repealing the law on the Protection of Funds, Interests, and Rights of Iraq from Inside and Outside Iraq. 2023 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/29277/1/202310~1.PDF Mohammed, Haitham Abdulwahhab and Md Dahlan, Nuarrual Hilal and Md Isa@Yusuff, Yusramizza (2023) Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq. BiLD Law Journal, 8 (1s). pp. 168-177. ISSN L 2518-6523 https://bildbd.com/index.php/blj/article/view/715
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Mohammed, Haitham Abdulwahhab
Md Dahlan, Nuarrual Hilal
Md Isa@Yusuff, Yusramizza
Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
description Recognition and enforcement of international arbitration awards is the most important stage of arbitration, being one of the most important alternative methods for resolving petroleum disputes. When an arbitration award is issued, there are two ways to enforce it: The first is through voluntary (consensual) enforcement. The second is through judicial enforcement when the losing party refuses to respect the award. In order to enforce the arbitral award, the enforcement rules approved in each country shall be applied, taking into account the international conventions in this regard. Through doctrinal legal research methods, this research seeks to analyze the Iraqi laws that govern the enforcement of arbitration awards in petroleum disputes and to clarify the legal issues and challenges facing the enforcement of arbitration awards in Iraq, which are represented by the weaknesses of the Iraqi Code of Civil Procedures and the absence of a mechanism for enforcing arbitration awards in the Iraqi enforcement law and foreign court judgments, in addition to the existence of laws in force that prevent enforcement. The importance of this study lies in the necessity of developing the legal system for enforcing arbitration awards in Iraq to create a friendly environment for international arbitration, which will attract and encourage foreign petroleum investment in Iraq. Therefore, this study proposes a restructuring of the legal system for the enforcement of arbitral awards and the introduction of legislative improvements by enacting a new arbitration law, amending the Iraqi enforcement law, and repealing the law on the Protection of Funds, Interests, and Rights of Iraq from Inside and Outside Iraq.
format Article
author Mohammed, Haitham Abdulwahhab
Md Dahlan, Nuarrual Hilal
Md Isa@Yusuff, Yusramizza
author_facet Mohammed, Haitham Abdulwahhab
Md Dahlan, Nuarrual Hilal
Md Isa@Yusuff, Yusramizza
author_sort Mohammed, Haitham Abdulwahhab
title Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
title_short Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
title_full Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
title_fullStr Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
title_full_unstemmed Legal Issues in the Laws Governing the Enforcement of Foreign Arbitration Awards in Petroleum Disputes in Iraq
title_sort legal issues in the laws governing the enforcement of foreign arbitration awards in petroleum disputes in iraq
publishDate 2023
url https://repo.uum.edu.my/id/eprint/29277/1/202310~1.PDF
https://repo.uum.edu.my/id/eprint/29277/
https://bildbd.com/index.php/blj/article/view/715
_version_ 1761621747928399872
score 13.211869

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