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Jurisdiction

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Hannouche Associates LP | Iraq | 21 May 2018

Commercial representation in Iraq under new Commercial Agency Law

Consequent differences between Federal Iraq and the Kurdistan Region of Iraq in the application of commercial agency legislation have surfaced following the ratification of the new Commercial Agency Law by the Iraqi Parliament. While this new law has replaced the old Commercial Agency Law in Federal Iraq, it is yet to be deliberated by the Kurdish Parliament, where the old law remains......
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Hannouche Associates LP | Global, Iraq | 9 Nov 2017

Enforcement of international arbitral awards and foreign judgments in Iraq

On its road to recovery, Iraq has witnessed an avid influx of foreign investment in its economy. With the ongoing developments in Iraq's legal infrastructure, it is anticipated that further regulations concerning international dispute resolution and judicial cooperation will be enacted in order to create a legal environment suitable for the country's attractive investment opportunities.
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Hannouche Associates LP | Iraq | 31 Jul 2017

Registration of non-governmental organisations in the Kurdistan Region of Iraq

In light of the current humanitarian crisis and the large number of refugees that have entered the Kurdistan Region of Iraq, the presence of non-governmental organisations (NGOs) is vital in order to assist affected local communities and refugees. As the call for aid increased, the number of registered NGOs in the Kurdistan Region has surged. In this respect, NGOs must comply with applicable......
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Hannouche Associates LP | Iraq | 31 May 2017

New Iraqi Labour Law (37/2015): comparative table

Twenty-eight years after the enactment of the Labour Law (71/1987), Parliament voted on the new Labour Law (37/2015). Considering the fundamental differences between the governance system and business environment surrounding the promulgation of both laws, they naturally differ on several points. Understanding these differences is essential for the organisation of companies' relationships with......
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Freshfields Bruckhaus Deringer | France, Iraq | 16 Mar 2017

Paris Court of Appeal rules on Iraq war's impact on due process in arbitral proceedings

The Paris Court of Appeal recently set aside an award on the grounds of a violation of the principle of equality of arms. The court had to rule on the Iraq war's impact on due process in arbitral proceedings between the Republic of Iraq and two German companies. This decision comes as a reminder that arbitration is a jurisdictional process where parties and arbitrators, while enjoying......
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Newton Law Group | Iraq | 12 Dec 2016

Transferring shares in Iraqi limited liability companies – what you need to know

While shareholders in a limited liability company can transfer ownership of their shares to another shareholder or outsiders, they should bear in mind certain considerations, such as the notification requirements when selling shares, the procedure for selling shares to non-shareholders and the contractual requirements therein.
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Newton Law Group | Iraq | 17 Oct 2016

Comparison of Iraqi and western contract law

Contracts can be a valuable tool to help foreign businesspeople deal with issues in Iraqi law, such as the inability of foreigners to own real estate in Iraq and the inability of non-Arab foreigners to own interests in Iraqi companies. However, there are some important differences between Iraqi and common law legal systems, including in regards to legislative and judicial restrictions on......
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Newton Law Group | Iraq | 22 Aug 2016

Investment laws in federal Iraq

Investment Law 13/2006 is the main text governing investment in Iraq. It encourages foreign investments by granting facilities in order to develop certain sectors in Iraq, create job opportunities and transmit know-how to the Iraqi population. Not only has the law created numerous advantages for investors, it has also made the administrative process for obtaining investment licences much easier.
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Newton Law Group | Iraq | 12 Aug 2016

Liquidating a limited liability company

The liquidation of a limited liability company (LLC) is undoubtedly a complicated and lengthy process, but nonetheless includes many safeguards to guarantee the rights and obligations of the company with regard to third-party debtors and creditors. The process for liquidating an LLC includes appointing a liquidator, submitting the reasons for liquidation, fulfilling any obligations under the......
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Newton Law Group | Iraq | 1 Aug 2016

Overview of commercial activities – what you need to know

While Iraq places no constraints on foreigners selling products, foreign companies seeking to enter the market must first consider their options. A foreign principal that wishes to export its merchandise and sell it in Iraq can enter into an agreement with an agent, distributor or representative, or even start trading itself. However, the trend is towards establishing distribution agreements......
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