The Iraqi Centre for Mediation and Arbitration is an independent legal entity based in
Baghdad - Iraq. Looking forward to working in a stable and attractive economic environment
that is compatible with regional and international rules and standards. The centre seeks to
support the Iraqi judicial institution and contribute effectively to arbitration cases, resolving
financial disputes, consolidating the principles of justice, as well as consolidating
international concepts and standards for mediation and arbitration, and providing it with
professional experts from all sectors, who work with the necessary techniques to resolve
these disputes.
The absence of an Iraqi center dealing with mediation and arbitration accredited by local and
international bodies and specialized experts in the fields of financial and commercial
arbitration created a gap and generated great pressure on the Iraqi judicial system, in
addition to the absence of the concept of justice and fairness in resolving disputes that
should have been presented to the table of technical experts working impartially and with
high professionalism before the arrival of these cases to courtrooms.
Therefore, the presence of an Iraqi centre specialized in mediation and arbitration has
become a need and a necessity, especially after Iraq’s exit from the concepts of the
restricted economy and its transformation into an open market economy that guaranteed
financial and commercial entities to deal with abroad, which in recent years doubled the
number of disputes between individuals and entities inside and outside Iraq.
From all of the above mentioned, there has become an urgent need for an entity specialized
in resolving disputes before submitting them to the courts, working impartially and with strict
professionalism, aiming to achieve justice and fairness between the conflicting parties.
Hence the idea of establishing the Iraqi Centre for Mediation and Arbitration.
It is worth noting that the Iraqi Centre for Mediation and Arbitration was established, after
signing a joint memorandum of understanding with the Union of Arab Banks in Beirut,
represented by the Arab Mediation and Arbitration Centre, which operates following
international “UNCITRAL” standards on the 29th of march 2022 and the CEO of
GoodtogoIraq and Sanad Iraq Company for Training and Development, Project
Management, Public Services, and Quality Management signed on behalf of the first party,
while the Secretary General of the Union of Arab Banks signed on behalf of the second
party.
We started the processes and procedures and transferred the entire experience to Iraq
according to strict principles that adhere to integrity and neutrality following the international
“INCITRAL” standards of the United Nations Commission on International Trade Law.
We are currently working in a shuttle way to collect technical names from specialized experts
- skilled and professional arbitrators, qualified legal men, and judges - after holding bilateral
meetings with them to exchange ideas, especially concerning mediation and arbitration
issues, public policies, and mechanisms, and building the basic building block of the Iraqi
Centre for Mediation and Arbitration, and at the same time, we are working on Establishing
the concepts of arbitration and the culture of arbitration in managing disputes and serving
our clients according to principles that respect complete confidentiality and impartiality in
work.
Since mediation is an informal process to intervene in resolving the conflict through
mechanisms that ensure that the two parties do not enter into a long-term settlement. We
are determined to add some symbols that possess wisdom and experience and are qualified
to play this role.
On the other hand, we can clarify that arbitration is a private judiciary by agreeing to refer
disputes between the parties that arise or may arise between them regarding a specific legal
relationship, contractual or non-contractual, and are presented to one or more arbitrators
who have a neutral capacity, called arbitrators or the arbitral tribunal so that they issue a
final decision in resolving that dispute, which is binding and enforceable instead of referring it
to the courts, and it is in the form of a contract or is an added condition to the contract
mechanism in the event of a dispute arising between the two parties.
Therefore, we are working to complete the experience of the Union of Arab Banks in Beirut
by establishing a mediation and arbitration centre within the union, transferring the basic
system that was developed according to international rules, and transferring it completely to
Iraq.
نعتمد مبدأ التحكـيم على الاستقلال، إذ يمتلك المركـز الشخصية المعنوية البعيدة عن الميول والضغوط.
نؤكـد في طلبات الانتساب الى مركـزنا على ضرورة وضع أشد معايير النزاهة صرامةً في محكـمينا المعتمدين، على الصعيد الشخصي والمهني.
نضمن أعلى شروط السرية والخصوصية لأطراف النزاع في كـل ما يخص عمليات الوساطة والتحكـيم المعروضة أمام هيئة خبرائنا ومحكـمينا.
نركـز على رصانة ومرونة الإجراءات في دراسة وإحالة الملفات بما يؤمن حسم النزاع في إطار زمني مريح للأطراف المعنية.
نهتم بأدق التفاصيل خلال عمليات التقييم والكـتابة في تقارير خبرائنا ومحكـمينا، نُقدم حاجات عملائنا قبل كـل شيء..
Because we are the only Iraqi centre accredited by an important regional partner, the Union
of Arab Banks, which operates on the principles of the French Chamber of Commerce “ICC”
and the rules of UNCITRAL, which will be a fertile oasis to attract Iraqi experts in all
specialties, and enable them to be internationally accredited experts.
Our policy will be based on professional foundations in mediation and arbitration, and
according to what was decided by international bodies and internationally recognized and
approved chambers of commerce. We will also work to open frameworks for cooperation
with the American Mediation Association “AAA”.
We will adopt an organized approach following what was made available by Iraqi law and the
instructions of the financial and monetary institutions in the country, and our ever-expanding
network of experts provides us with an objective panoramic view, and with more than one
perspective.
A partnership and cooperation agreement was signed with the Federation of Arab Banks
affiliated with the Arab League to establish the Iraqi Centre for Mediation and Arbitration
specialized in resolving financial and banking disputes and providing advice.
The banking expert, Munaf Badri, said, "The Iraqi private sector concerned with the Iraqi
financial, commercial, and banking affairs cooperates with the Union of Arab Banks, which is
the arm of the Arab League in the banking and financial field and has the accreditation of the
International Chamber of Commerce ICC," noting that "Iraq was one of the founders of this
union." He was represented at the head of its board of directors by Mr. Labeed Abdel Qader
Al-Qara Gholi from 1980 to 1982.
He added, "The agreement includes the establishment of the Iraqi centre for Mediation and
Arbitration under the highest international standards for arbitration in disputes and the
international "UNCITRAL" rules and by the laws and instructions of the US Treasury and the
Central Bank of Iraq.
He continued, "The Iraqi centre for Mediation and Arbitration is the first step of the private
sector to contribute to the maturation of the financial and banking sector in particular and
other sectors in general, and to reflect an image of the Arab and international community on
the investment environment."
And, "The Supreme Judicial Council will have an important role in contributing to the
success of the experiment, noting that the centre attracts a large team of Iraqi, Arab, and
foreign experts and arbitrators accredited in the chambers of commerce."