تسوية المنازعات الاستثمارية الدولية للعراق بين التحكيم واتفاقية سنغافورة للوساطة دراسة تحليلية

Abstract

In light of the increasing number of lawsuits in the field of international investment dispute resolution for Iraq, through arbitration, before international arbitration centers, and the International Center in Washington / ICSID, which coincided with Iraq's accession to important international agreements - ICSID, New York, and Singapore - along with a legislative gap in the arbitration law in Iraq, the need has emerged to clarify the appropriate means of resorting to international arbitration, or to the Singapore Convention on Mediation to which Iraq acceded in 2024. Through studying the provisions and procedures of both arbitration and the Singapore Convention on Mediation, and what aligns with the reality of the culture of alternative dispute resolution for international investment disputes in Iraq, and the features of the Singapore Convention on Mediation in facilitating procedures, and the absence of judicial oversight in the state where the mediation is located, alongside enforcement guarantees and oversight in the state of enforcement, which suits the limited arbitration culture of Iraqi contracting parties, when compared to the procedures before international arbitration centers and ICSID, the recommendations were to expedite the deposit of the instrument of accession to the Singapore Convention on Mediation, to adopt it as an alternative to arbitration.