Al Tamimi & Company


The international jurisdiction of the Iraqi courts

On the onset, it is important to understand that jurisdiction is defined by local legislation to be “the set of rules that determine the competence of a state’s jurisdiction to look into cases inclusive to an international element. When it comes to setting the rules and principles of jurisdiction, each country holds the absolute discretion in determining the cases over which its courts shall have jurisdiction when it comes to both national conflicts and conflicts concerning international parties.

Additionally, we usually find that the national legislator makes use of a few rules concerning domestic jurisdiction as basis for convening international jurisdiction in cases of similar nature. This includes, as an example, the jurisdiction of the plaintiff’s habitat or residency. However, it is important to note that the organization and structuring of International Jurisdiction is also subject to other rules concerning the sovereignty of the state, the need for international dealings and the power of enforcement. Additionally, it is important to note that in most cases, international legislation contain common general principles when it comes to the rules regarding jurisdiction. These include the plaintiff’s nationality, domicile, financial location, source or execution of obligation place, voluntary submission, the correlation and preliminary issues…

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Al Sila Tower
Level 26
Al Sowwah Square
Al Maryah Island
Abu Dhabi
PO Box 440
United Arab Emirates

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