The legal basis for settling foreign investment contract disputes amicably in Iraqi legislation
DOI:
https://doi.org/10.65263/d453hp33Keywords:
1-Amicably 2-judicially 3-Investment 4-Negotiations 5-ArbitrationAbstract
To explore the possibility of resorting to amicable means for resolving disputes arising from foreign investment contracts under Iraqi legislation, represented by negotiation, conciliation, mediation, and technical expertise, it is imperative to examine the national legislation issued by the federal authority and the regional legislation issued at the level of the Kurdistan Region, which permit the use of amicable means as a method for settling foreign investment disputes prior to resorting to judicial mechanisms, such as arbitration and litigation. The legal basis for the amicable settlement of foreign investment disputes is not limited to national laws enacted by the competent legislative authority but extends to include international treaties concluded by the Iraqi state in the field of investment. These treaties may be bilateral or multilateral, and in both forms, a treaty represents the highest expression of the will of two or more states to foster economic, commercial, or investment cooperation. Such treaties serve as a prominent model for establishing legal rules governing international relations, whereby disputes between the parties are resolved by applying their provisions and achieving their objectives.
References
First: Arabic Books
1. Ibrahim Shihata, International Guarantees for Foreign Investments, Dar Al-Nahda Al-Arabia, Cairo, 1971.
2. Ibrahim Shihata, The Treatment of Foreign Investments in Egypt, Dar Al-Nahda Al-Arabia, Cairo, 1973.
3. Ahmed Abdel-Hamid Ashoush, Arbitration as a Means of Settling Disputes in Investment Contracts (A Comparative Study), Shabab Al-Jame’a Foundation, Alexandria, 1990.
4. Amira Jaafar Sharif, Settlement of Investment Disputes: A Comparative Analytical Legal Study, Dar Al-Jami‘a Al-Jadida, Alexandria, 2016.
5. Jaber Jad Nassar, Conciliation in Certain State Disputes (A Comparative Study), Dar Al-Nahda Al-Arabia, Cairo, 2002.
6. Hussein Tawfiq Faydallah & Azad Shakur Saleh, Settlement of Investment Disputes (The Investment Law in Iraq and the Kurdistan Region of Iraq and the ICSID Rules as a Model), 1st ed., O.P.L.C. Publishing House, Erbil, 2008.
7. Rawa Younis Mahmoud Al-Najjar, The Legal System of Foreign Investment (A Comparative Study), Dar Al-Kutub Al-Qanuniyya & Dar Shatat for Publishing and Software, Egypt and UAE, 2012.
8. Shirzad Hamid Haruri, Investment Disputes Between the Judiciary and Arbitration, 1st ed., Dar Al-Fikr Al-Jami‘i, Alexandria, 2017.
9. Abdel-Hamid Al-Ahdeb, Encyclopedia of Arbitration: Arbitration Documents, Vol. 3, 3rd ed., Al-Halabi Legal Publications, Beirut, 2008.
10. Essam Al-Din Mustafa Bassim, The Legal System of Private Foreign Investments in Developing Countries, Dar Al-Nahda Al-Arabia, Cairo, 1972.
11. Mahmoud Mohammed Yaqout, Freedom of the Contracting Parties in Choosing the Law of the International Contract Between Theory and Practice, Manshat Al-Ma‘arif, Alexandria, 2004.
________________________________________
Second: Master’s Theses
1. Nada Abdul-Rahman Qaiser, Settlement of Investment Disputes (A Comparative Study in Light of the Washington Convention), Master’s Thesis, College of Law, University of Baghdad, 2014.
________________________________________
Third: Research Papers
1. Nasser Ibrahim Al-Muhaimid, General Trends in Arab Investment Agreements for Dispute Settlement through Arbitration, Paper presented to the Special Conference on Arbitration and Investment, Rabat, 2004.
________________________________________
Fourth: Iraqi Laws
1. Law on Iraq’s Ratification of the Agreement on the Settlement of Investment Disputes Between Host States of Arab Investments and Citizens of Other Arab States for 1974, Law No. 118 of 1981.
2. Government Contracts Law No. 87 of 2004, published in the Iraqi Official Gazette, Issue No. 3984, dated 16 May 2004.
3. Kurdistan Region Investment Law No. 4 of 2006, published in the Kurdistan Region Official Gazette, Issue No. 62, dated 27 August 2006.
4. Iraqi Investment Law No. 13 of 2006, published in the Iraqi Official Gazette, Issue No. 4031, dated 17 January 2007.
5. Law on Iraq’s Accession to the Multilateral Investment Guarantee Agency (MIGA), Law No. 29 of 2007, published in the Iraqi Official Gazette, Issue No. 4045, dated 20 August 2007.
6. Kurdistan Region Oil and Gas Law No. 12 of 2007, published in the Kurdistan Region Official Gazette, Issue No. 75, dated 15 November 2007.
7. Law No. 2 of 2010 amending Investment Law No. 13 of 2006, published in the Iraqi Official Gazette, Issue No. 4143, dated 8 February 2010.
8. Law on Iraq’s Ratification of the Agreement on the Promotion and Protection of Investment Between the Government of the Republic of Iraq and the Government of the French Republic, Law No. 24 of 2012, published in the Iraqi Official Gazette, Issue No. 4241, dated 4 June 2012.
9. Law on Iraq’s Ratification of the Investment Incentives Agreement Between the Government of the Republic of Iraq and the Government of the United States of America, Law No. 110 of 2012, published in the Iraqi Official Gazette, Issue No. 4276, dated 13 May 2013.
10. Law on Iraq’s Ratification of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID), Washington 1965, published in the Iraqi Official Gazette, Issue No. 4283, dated 29 July 2013.
11. Law on Iraq’s Ratification of the Agreement on the Promotion and Protection of Investment Between the Government of Iraq and the Government of Japan, Law No. 34 of 2013, published in the Iraqi Official Gazette, Issue No. 4296, dated 14 November 2013.
12. Law on Iraq’s Ratification of the Agreement on the Promotion and Protection of Investment Between the Government of the Republic of Iraq and the Republic of Armenia, Law No. 4 of 2014, published in the Iraqi Official Gazette, Issue No. 4309, dated 10 February 2014.
13. Instructions for the Implementation of Government Contracts No. 2 of 2014, published in the Iraqi Official Gazette, Issue No. 4325, dated 16 June 2014.
________________________________________
Fifth: Arab Laws
1. Jordan Investment Promotion Law No. 16 of 1995.
2. Saudi Investment Regulation and Sudanese Investment Law of 1999.
________________________________________
Sixth: Websites
1. www.miga.com
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Al-Bayan University Journal for Legal Studies and Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Al-Bayan University Journal for Legal Studies and Research (AUJLSR) applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AUJLSR, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
