Keywords : commercial

The extent of the effectiveness of public order Against the International Commercial Arbitration Court


Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 375-425

Abstract: Public order is a very complex and indefinable idea. It is the safety valve for the internal systems of countries, and the national judiciary’s means of excluding everything that might prejudice the fundamental principles and foundations of the state. It is the national judge’s weapon in protecting Those fundamental political, economic, social and moral foundations prevailing in his country, but the matter is different if international commercial arbitration is resorted to to resolve international trade disputes. The arbitral tribunal or arbitrator does not guarantee the protection of the internal systems of countries, as all those national systems stand before them on an equal footing, because they are not subject to them, but rather are subject to the will of the parties to whom the dispute has been referred.And they work to respect that will and what was directed towards it in the arbitration agreement or the arbitration clause.Parties resort to international commercial arbitration due to the many advantages that arbitration enjoys in terms of speed and confidentiality of procedures and freedom to choose the applicable law.Since arbitration is considered a judiciary parallel to the state’s judiciary, countries have allowed to resort to it as a means of settling disputes in international commercial contracts in order to facilitate dealers in international trade, and this does not mean that international commercial arbitration enjoys full independence from the interference of the law and the judiciary in it.Arbitration is an agreement and therefore the objective and formal conditions must be met in it. In addition to the procedures carried out by the arbitral tribunal or the arbitrator, the essential guarantees of litigation must be taken into account, or the invalidity will pursue their procedures, and the invalidation of these procedures is only through the submission of one of the parties a request to establish an action for nullity or appeal. Arbitration ruling before the national judiciary to prevent its implementation by the party affected by it. Because these issues are considered part of the public order in litigation and may not be ignored, this is on the one hand, and on the other hand, the international commercial arbitration judiciary, if it is not subject to the public order in the internal regulations of the countries, then it is subject to the true trans-international public order, in addition to the subjection of arbitration rulings to oversight Judicial in the event of resorting to the state’s judiciary for recognition and forcible execution of those issued judgments or filing a lawsuit to nullify them, as indicated above.Which may not be implemented in the event that it violates the public order of the state in which the judgment is required to be executed, and therefore the international commercial arbitration judiciary does not depart from the sway of the law and the national judiciary, as it respects the fundamental foundations and general principles that constitute the general order of the state


Akram Mahmoud Hussein Al-Bado; sraa Abdul Hadi Muhammad Al-Dabbagh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 518-541

AL-Takaful insurance repetition became such important that takaful insurance companies can't give it up, since these companies would not arise or prosper without it. While closing insurance repetition might lead the insurance companies to bankruptcy and stop there activities. Hence came this study to enlighten all the troubles and deficiencies in AL-Takaful insurance in the best way , it illustrated the concept of takaful insurance repetition and its methods and configurations , and the necessity of insurance repetition for commercial insurance companies and its rules in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institutions account and review council considering not organizing the Iraq legislation any rules for AL-Takaful insurance or any suggested solutions for insurance repetition .


Hatem g.saeed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 73-103

The nature of the dispute, the circumstances, and the conditions of the lawsuit brought before the arbitration body or center required taking temporary and urgent precautionary procedures aimed at resisting the risk and preventing or limiting the damage and heading always towards the future to ward off a potential risk of falling in case it is not taken. It is based on the idea of providing litigants with quick judgments and placing them in a temporary legal position until the final settlement of the litigation in the disputes that it is feared to be too late and without prejudice to the origin of the right. Furthermore, preserving the existing conditions, respecting the apparent rights, and safeguarding the interests of the two parties of the dispute. These procedures are considered urgent protection and put an immediate end to the infringement by blocking the doors in front of the one with bad intention and depriving him of achieving his objectives while protecting the pretext and the evidence. The attitudes of international legislations differed regarding these procedures, their divisions and characteristics, the authority granted to the arbitrator, the legal restrictions, and the accompanying agreement. 


Zakaria Y. Ahmed; Safwan M. Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 385-400

Foreign investment is one of the most important phenomena that prevails our world today. It has taken the signs of competition to attract foreign investments as a result of the great role played by foreign investment in achieving comprehensive and lasting development. Any legal system in which disputes can arise between the parties and this is also found in the investment relationship between the host country and foreign investors, one of the first things necessary is to establish that any legal system in which disputes can arise between the parties and this also exists in the investment relationship between the host country And foreign investors. Legal protection works to attract these investments, so we tried to study them in two topics, we devoted the first to the definition and the second devoted to the means of protection.


Maysar H. Jassim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 266-290

The study dealt with the subject of the rights that prove to the legal holder of electronic instruments, and the work of electronic instruments is important and modern in the field of banking, and this type of Suck features advantages that make it superior to traditional instruments, although the work is not much different from what works in traditional instruments, But the first is safer than the second because of the difficulty of forgery and the provision of many means of protection and electronic security so most of the world adopted its use. This was followed by a conclusion that included the most important conclusions and recommendations reached through this research.