Litigation in Iraq
The country of Iraq has been the focus of world news for the past several decades. It is a diverse country, home to over forty million people. It is rich in culture, history, and natural resources. And it is also home to a complicated history and government structure. While dispute resolution in any country is challenging, I knew that it must be fascinating work in Iraq. And so I am so grateful that I was able to speak with Sarmad Akrawi, a partner at Amereller in Erbil, to learn more about litigation in Iraq.
Why should you continue reading this post about litigation in Iraq?
The television program Arrested Development featured a lot of litigation and a lot of stories about Iraq, but very little that combined the two subjects.
You are curious in particular about how litigation in Kurdistan works.
You want to read an article about Iraq that does not reference war or the 43rd United States President.
Sarmad Akrawi is a partner at Amereller in Erbil, Iraq.
Can you tell me about the kinds of disputes you handle in your legal practice?
As a law firm, we specialize in corporate matters and represent clients on all issues related to their commercial business, from A to Z. Our litigation practice reflects this.
Most of the cases we handle are contract disputes, employment cases, and several criminal investigation cases for corporate clients as well.
What type of clients do you generally represent in disputes?
Most of our clients are international companies with an established presence in Iraq. They work in varied sectors ranging from oil and gas to service provision and security. We also represent several large non-profit organizations in the region as well.
Besides Microsoft Office, what software do you use in your practice?
Our internal system is on Business Dynamics.
We also use all Microsoft software including Teams to manage our daily tasks.
What books and websites do you use for legal research?
We usually rely on the official Kurdistan and Iraqi Gazettes were all laws and regulations are published.
Image credit: https://www.sjc.iq/photogen.1/
You practice in Erbil, in the Kurdistan Region in Iraq. Are there significant differences between the system of dispute resolution in Erbil and the one in Baghdad?
Court systems in both jurisdictions are very similar. Both jurisdictions abide by the same Civil Procedure Code No. 83/1969, as amended, and Criminal Procedure Code No. 23/1971, as amended. Both of these laws provide general guidelines for how litigation should proceed inside Iraqi courts.
However, the main difference between the two jurisdictions is that there are certain laws passed by the Iraqi Parliament (after 1993) which are only applied in Federal Iraq and not in the Kurdistan Region. Conversely, there are other laws passed by the Kurdish Parliament which only apply to the Kurdistan Region.
Another main difference is that Federal Iraq has a Federal Supreme Court, which is the court of highest decree in the country. The Kurdistan Region does not have a similar counterpart; however, we can have our cases heard at the Federal Supreme Court as well.
There are multiple languages spoken in Iraq. Do the courts hold hearings and issue decisions entirely in Arabic or do they conduct business in Kurdish and other languages, too?
The official languages used in Iraqi courts in the Kurdistan Region are Kurdish and Arabic. During the hearings, parties usually speak in Kurdish, while written filings can be submitted to the court in either of the two languages. The written judgments can also be written in either language.
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
Iraq does not have an electronic court system. All filings to the court must be made in paper form.
Does Iraq have specialized courts that only hear commercial cases?
Yes, there is a branch of the civil courts of first instance that are specialized to hear commercial cases only.
Who decides the facts in a commercial case? Is it a judge or a jury?
The Iraqi court system does not have a jury. The judges have the discretion to issue verdicts.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
The length of pleadings depends on the case at hand and whether it’s of a civil or a criminal nature. An initial statement of claim is usually between 1 to 2 pages long. Further along in the hearing stage, we submit further written statements as necessary, and those can also be 1 to 2 pages long.
Generally speaking, how long does it take for a case to go from complaint to judgment?
It largely depends on the type of the case, how much evidence is presented, and how many witnesses there are. Of course, it is at the court’s discretion on when it wishes to issue a judgement.
Cases of a civil nature can last anywhere between six months and up to three to four years if it’s an especially complex case.
Generally speaking, how is evidence exchanged between the parties before trial? Do you get to interview the opposing witnesses before the trial?
Parties do not normally share evidence before trial.
Evidence is usually provided to the court directly, during the course of the hearings. Witnesses and all other forms of evidence are organized under the Iraqi Law of Evidence No. 107/1979, as amended.
If you win, does the other side reimburse your attorneys’ fees?
Yes, but there is a cap to the amount, which may not exceed 2 million Iraqi dinars, or approximately $1,300. In other words, the losing party is not obligated to reimburse the full and actual fees paid to the prevailing attorneys, but only to reimburse an amount decided by the court, which is usually nominal.
Are the Iraqi courts open to the public? Can ordinary people watch a commercial trial?
Yes, hearings are open to the public unless it is a closed hearing, which happens on rare occasion and if the court believes the dispute matters should remain confidential. This usually happens in cases involving personal affairs.
Do you believe that Iraqi courts have a particular strength for resolving commercial disputes? How about a weakness? What are they?
The Iraqi courts have a notable capability in resolving commercial disputes.
One weakness worth mentioning is that the courts do not recognize electronic forms of evidence, which often poses some difficulties and delays. There is also a general delay in the hearings and dispute resolution that often take months or even years.
How often do you go to the courthouse?
We usually go to work up to 4 or 5 times a week.
When you are there, do you need to wear a special robe or wig?
During hearings, attorneys are required to wear a special black robe with a green outline. Below is a picture of me in that robe.
