International Electronic Arbitration and the Adequacy of Attribution Rules in Iraqi Civil Law

Younis S. Ali

Article Details

International Electronic Arbitration and the Adequacy of Attribution Rules in Iraqi Civil Law

Authors:

Younis S. Ali

Publisher:

Cihan University, Iraq

Journal:

Cihan University-Erbil Journal of Humanities and Social Sciences Vol.8 Issue 2, pp.54-64

Document Type:

Article

Publication Date:

10/2024

Document Language:

Arabic

Document ID (Org No.):

2001837234

pISSN:

2707-6342

Keywords:

Abstract:

 The electronic arbitration is applied by the agreement of the arbitration parties to submit their disputes arising from contracts concluded by electronic means to a third party to decide them according to based on the parties' agreement, by modern communicating means and electronic technologies different from traditional means used in traditional arbitration. The electronic arbitration will be international, if the legal relation which is the subject-matter of the arbitration, is a legal relation interspersed with a foreign element. Or a special international contractual relation. It is worth-bearing in mind that although Iraq did not issue an international electronic arbitration law, but this study tried hard to determine the applicable law to both the procedures and the subject of the international electronic arbitration in conformity with the legal provisions available in the Iraqi law. We tried hard, in order to perform this legal institutionalization, to resort to some texts of the  Iraqi Civil Law No. (40) of 1951, the law of civil procedures No. (83) of 1969, and the law of the electronic signature and electronic bargains No. 78 of 2012.

Article Details

International Electronic Arbitration and the Adequacy of Attribution Rules in Iraqi Civil Law

Authors:

Younis S. Ali

Publisher:

Cihan University, Iraq

Journal:

Cihan University-Erbil Journal of Humanities and Social Sciences Vol.8 Issue 2, pp.54-64

Document Type:

Article

Publication Date:

10/2024

Document Language:

Arabic

Document ID (Org No.):

2001837234

pISSN:

2707-6342

Electronic arbitration

international contract

applicable law

Iraqi civil law

attribution rules

Issues

Article Details

International Electronic Arbitration and the Adequacy of Attribution Rules in Iraqi Civil Law

Authors: Younis S. Ali

Publisher: Cihan University, Iraq

Journal: Cihan University-Erbil Journal of Humanities and Social Sciences Vol.8 Issue 2, pp.54-64

Document Type: Article

Publication Date: 10/2024

Document Language: Arabic

Document ID (Org No.): 2001837234

pISSN: 2707-6342

Electronic arbitration

international contract

applicable law

Iraqi civil law

attribution rules

Issues

Authors:

Younis S. Ali

Publisher:

Cihan University, Iraq

Journal:

Cihan University-Erbil Journal of Humanities and Social Sciences Vol.8 Issue 2, pp.54-64

Document Type:

Article

Publication Date:

10/2024

Document Language:

Arabic

Document ID (Org No.):

2001837234

pISSN:

2707-6342