# Lawyer for the Enforcement of Foreign Judgments in Iraq under Law No. 30 of 1928

Author: Othman Al-Juboori

The enforcement in Iraq of judgments issued by foreign courts is governed by the Law on the Enforcement of Foreign Courts' Judgments in Iraq No. 30 of 1928. This page sets out its provisions from published sources.
It matters to anyone who holds a judgment from a court outside Iraq and wishes to enforce it against a person resident in Iraq or against assets located there.
The foreign judgment and the enforcement order
"Foreign judgment" means a judgment issued by a court constituted outside Iraq (Art. 1).
A foreign judgment may be enforced in Iraq in accordance with the provisions of the Law by an order issued by an Iraqi court called the "enforcement order" (Art. 2).
In decision No. 108/2013 of 21 May 2013 (Supreme Judicial Council website), the Federal Court of Cassation held that an award issued by arbitrators cannot be validly submitted for enforcement under this Law, because the Law concerns the manner of enforcing foreign courts' judgments in Iraq and does not concern arbitrators' awards. Arbitration is covered on the arbitration page.
The Law applies to judgments issued by foreign courts designated by special regulations issued from time to time, whenever judgments of Iraqi courts become enforceable in the foreign country under a special agreement with the Iraqi State or under the laws in force in that country, whether by issuing an enforcement order or by other procedures similar in result (Art. 11).
Procedure
A person who wishes to enforce a foreign judgment must file the action before the Court of First Instance (Mahkamat al-Bidaa) for the issue of an enforcement order, and the application is made to the competent court located where the judgment debtor resides; if the debtor has no fixed residence in Iraq, it is made where the assets sought to be attached are located (Art. 3(a) and (b)). Decision No. 50/Foreign Judgment Enforcement/2009 of 25 February 2009 of the Federal Court of Cassation (Supreme Judicial Council website) states that the Law on the Enforcement of Foreign Courts' Judgments specified in its Art. 3 that the action for enforcement of a foreign judgment is filed before the Court of First Instance.
The application is accompanied by a copy of the foreign judgment sought to be enforced, certified in accordance with the rules, together with a statement of its reasons (Art. 3(c)).
When the action is filed, the court fixes a day for pleadings and summons the judgment debtor, whether in Iraq or abroad, in accordance with the rules (Art. 4).
The court issues the enforcement order or rejects the application for its issue in accordance with the provisions of the Law, after completion of the pleadings (Art. 5).
Conditions
The following conditions must all be met in every judgment for which an enforcement order is sought, and the court examines them of its own motion whether or not the judgment debtor pleads them (Art. 6):
the judgment debtor was notified of the action brought before the foreign court by reasonable and sufficient means of notification (Art. 6(a));
the foreign court had jurisdiction within the meaning of Art. 7 (Art. 6(b));
the judgment concerns a debt or a specified sum of money, or the amount awarded is civil compensation only where the foreign judgment was issued in a penal action (Art. 6(c));
the cause of action is not contrary to public order in the view of Iraqi laws (Art. 6(d));
the judgment has acquired enforceable status in the foreign country (Art. 6(e)).
Jurisdiction of the foreign court
The foreign court is considered to have jurisdiction if one of the following conditions is met (Art. 7): the action relates to movable or immovable property located in the foreign country; or arises from a contract made in the foreign country or intended to be performed there, in whole or in the part to which the judgment relates; or arises from acts that took place in whole or in part in the foreign country; or the judgment debtor was ordinarily resident in the foreign country or engaged in trade there on the date the action was brought; or the judgment debtor appeared in the action voluntarily; or the judgment debtor agreed to the jurisdiction of the foreign court in his case.
Rejection and adjournment
The court rejects the application for an enforcement order if the judgment debtor proves before it that the judgment was obtained by fraud or that the proceedings before the foreign court were conducted contrary to justice and fairness, or if the court finds that the conditions of Art. 6 were not all met in the judgment (Art. 8(a)).
If the judgment debtor proves that he has a right to apply to a higher court and has applied or intends to apply to it in accordance with the rules, the court adjourns the action until the proceedings before that court end, and, if necessary, it may order a provisional attachment after taking security from the judgment creditor, if there is no objection to the judgment of the kind provided for in paragraph (a) of Art. 8 (Art. 8(b)).
Default decisions issued by the Court of First Instance under this Law follow the provisions on objection, but are not open to appeal; they are open to cassation before the Court of Cassation (Art. 9).
The Riyadh Arab Agreement for Judicial Cooperation
Decision No. 50/Foreign Judgment Enforcement/2009 of 25 February 2009 of the Federal Court of Cassation states that the Riyadh Arab Agreement for Judicial Cooperation was ratified by the Republic of Iraq by Law No. 110 of 1983, that its Art. 31 provides that "the procedures for recognition or enforcement of the judgment are governed by the law of the Contracting Party requested to recognise the judgment, within the limits in which the Agreement does not provide otherwise", and that the Agreement does not specify the type of court that issues the enforcement order, so the matter is referred to Iraqi law, which designated the Court of First Instance. The same substance appears in decision No. 286/Expanded Civil Panel/2017 of 17 October 2017.
FAQ
Which court is the action for enforcement of a foreign judgment filed before? The Court of First Instance (Art. 3(a) of Law No. 30 of 1928); the application is made to the competent court located where the judgment debtor resides, or where the assets sought to be attached are located if the debtor has no fixed residence in Iraq (Art. 3(b)).
What document is attached to the application? A copy of the foreign judgment sought to be enforced, certified in accordance with the rules, with a statement of its reasons (Art. 3(c)).
Are all foreign judgments enforced? No. The conditions of Art. 6 must all be met, including that the judgment concerns a debt or a specified sum of money, that the cause of action is not contrary to public order in the view of Iraqi laws, and that the judgment has acquired enforceable status in the foreign country.
On what grounds is an application for an enforcement order rejected? The judgment debtor proves that the judgment was obtained by fraud, or that the proceedings before the foreign court were conducted contrary to justice and fairness, or the conditions of Art. 6 were not all met (Art. 8(a)).
Is the application adjourned if the judgment debtor has a right to apply to a higher court? If he proves that he has a right to apply to a higher court and has applied or intends to apply to it in accordance with the rules, the court adjourns the action until the proceedings before that court end (Art. 8(b)).
What is the avenue of challenge against a default decision of the Court of First Instance? Default decisions follow the provisions on objection and are not open to appeal; they are open to cassation before the Court of Cassation (Art. 9).
Source: Law on the Enforcement of Foreign Courts' Judgments in Iraq No. 30 of 1928; decisions of the Federal Court of Cassation No. 50/Foreign Judgment Enforcement/2009 of 25 February 2009, No. 286/Expanded Civil Panel/2017 of 17 October 2017 and No. 108/2013 of 21 May 2013, published on the Supreme Judicial Council website. This page provides general legal information.
By Othman Al-Juboori, Founder and Managing Director of Al-Taswia, Iraqi lawyer and expert in Iraqi labour law, Member of the Iraqi Bar Association.
See also
Arbitration and enforcement of foreign arbitral awards in Iraq
Debt recovery
Civil law

## Disclaimer

The information on this website is general legal information provided for awareness purposes. It is not legal advice on any particular matter and does not create a lawyer–client relationship. Iraqi laws and regulations change, so please check the text in force or consult a qualified lawyer before taking any action. Legal Notice and Disclaimer