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Iraq: Workshop on Arbitration Clauses for Iraqi Contract Directorates

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From December 15-18 in Dubai, UAE, CLDP conducted a Arbitration Clause Drafting workshop for legal and contracting directorates in Iraq’s Ministries of Transportation, Justice, Housing and Construction, and Municipalities. The Iraqi delegation also included senior legal advisors from Iraq’s Council of Ministers Secretariat, Presidency Council, Council of Representatives and State Shura Council who are tasked with advising the Iraqi government on economic legislation and regulations. International arbitration is a top priority for the Iraqi government as it seeks to attract foreign investment and trade. The workshop, was led by international legal experts, who provided best practices, regionally and internationally, on how best to draft binding and enforceable arbitration clauses in contracts with foreign parties. The workshop featured extensive drafting exercises, case studies and a series of presentations that covered the status of Iraq’s arbitration law, essential elements of arbitration agreements, a comparison of arbitration institutions and procedural rules, and investor-state arbitration. This workshop was the third and final phase of a multi-phase program, the purpose of which is to build the capacity of legal and contracting offices in Iraq’s ministries to understand and draft binding and enforceable arbitration clauses in contracts with foreign parties. As a result of the multi-phase program, the Iraqi Council of Ministers Secretariat has formed a committee to develop a guidebook that would be standardized across Iraq’s ministries to assist government lawyers and contracting officers with drafting clear and effective arbitration clauses.
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