Book an appointment with us, or search the directory to find the right lawyer for you directly through the app.
Find out moreWelcome to the first edition of Law Update for 2025. As we begin this exciting year, we are pleased to turn our attention to one of the most dynamic sectors in the UAE and the broader GCC region – healthcare. Over the past several years, the region has seen unprecedented growth in this sector, driven by legislative advancements, technological innovations, and the increasing focus on sustainability and AI. As such, healthcare is set to be one of the most important sectors in the coming decade.
In this issue, we explore key themes that are significantly shaping the future of healthcare in the UAE, such as recent changes in foreign ownership laws. These reforms present a major opportunity for foreign investors, opening up new avenues for international collaborations and improving the overall healthcare infrastructure. The changes in ownership laws are an important milestone, and we provide an analysis of what this means for the industry and the various players involved.
Read Now2025 is set to be a game-changer for the MENA region, with legal and regulatory shifts from 2024 continuing to reshape its economic landscape. Saudi Arabia, the UAE, Egypt, Iraq, Qatar, and Bahrain are all implementing groundbreaking reforms in sustainable financing, investment laws, labor regulations, and dispute resolution. As the region positions itself for deeper global integration, businesses must adapt to a rapidly evolving legal environment.
Our Eyes on 2025 publication provides essential insights and practical guidance on the key legal updates shaping the year ahead—equipping you with the knowledge to stay ahead in this dynamic market.
Jawad Khalaf - Partner, Head of Litigation - Iraq - Litigation / Construction and Infrastructure
June 2013
This states that “a foreign judgment is the judgment issued by a court situated outside Iraq”.
Before 1928 foreign judgments were not enforced or recognized because this was seen as an infringement on the sovereignty of the state, an attitude shared by most countries at that time. Views however began to change and other considerations became important, such as the preservation of rights regulated under foreign judgments and the importance of not harming people’s commercial interests. As a response to this many countries, including Iraq, began to permit the adoption and enforcement of foreign judgments issued by non-national courts either by virtue of enacted legislation or through many multinational conventions which were entered into for this purpose.
Enforcement under the Foreign Enforcement Law
Article 16 of the Iraqi Civil Code 1951 states that “foreign judgments issued by foreign courts are not subject to enforcement in Iraq unless it was deemed otherwise by a specific Law”. In order to understand how foreign judgments are enforced we therefore need to look at the Foreign Enforcement Law which is the main law addressing the issue.
Article 6 of Foreign Enforcement Law details the conditions to be met by a foreign judgment for it to be enforceable in Iraq, and as follows:
In the light of the above definition of the foreign judgment and conditions of the enforcibility, there are also other conditions which, if met, render the relevant judgment unenforceable inside Iraq. These include:
Process for Enforcing Foreign Judgments
In accordance with Article 3 of the Foreign Enforcement Law, any person wishing to enforce a foreign judgment in Iraq must submit a request to the Court of First Instance. The court to be used should be the competent court closest to the residence of the defendant, or that which is closest to the asset which was the subject to the claim.
The Court of First Instance has the jurisdiction to issue a decision enforcing a foreign judgment. The court can also refuse to enforce a foreign award if to the defendant can prove that the judgment was concluded through deceit or if the foreign court did not abide by the rules of justice.
Arbitral Awards
Iraq is not a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. Foreign arbitral awards are only enforceable in Iraq if:
Conclusion
As shown above, judgments issued by foreign courts are not enforceable in Iraq until a claim has been submitted to Iraqi courts requesting the enforcement of the judgment, and the criteria for enforcement has been met. It is the responsibility of the court to check the fulfillment of the applicable conditions, and if they are met the foreign judgment will be enforced.
To learn more about our services and get the latest legal insights from across the Middle East and North Africa region, click on the link below.