The Role of Domestic Courts in International Commercial Arbitration

Abstract

  In recent history, the Judicial system and courtrooms have almost always been the sole resolution mechanism for all disputes and it has developed to be central to the life of every citizen and almost all parts of life. The role of domestic courts in arbitration is very important in how each state is viewed and how its legislation has developed to be aligned with that of the international community it forms part of. If parties in a dispute have envisioned a larger and a bigger role for the court in their dispute, then they should be better off with a regular litigation process inside court rooms. Recent developments in commerce have shown that resorting to arbitration is the most effective and best way for resolving disputes between traders and this mechanism is essential to their businesses where they have everything resolved on their own terms and requirements and through selecting the arbitrators themselves. Nonetheless, courts remain central to a well-functioning arbitration process as they are part of many aspects of arbitration and, in certain situations; it is a must to let the court play a certain role. This research paper intends to have a discussion on the overall role of courts and how important it is sometimes to have such a powerful neutral outsider to ensure the smooth progression and development of business nationally and internationally. This research paper attempts to explore certain areas in the Iraqi arbitration provisions and where we see a role for the court and I will try to identify any issues in that role so we can look into what Iraq’s domestic arbitration legislation has to offer in terms of supervision and guarantees for the disputed parties and how it can be improved.