How to Obtain Interim (emergency) Relief in Arbitration in Iraq, Step‑by‑step (2026 Update)

Understanding how to obtain interim relief in arbitration in Iraq in 2026 is essential for any party facing imminent asset dissipation, evidence destruction, or irreversible contractual harm. Iraq’s procedural landscape for emergency and conservatory measures currently rests on the Civil Procedure Code No. 83 of 1969 and a growing body of institutional arbitration practice, but it is poised for significant change: the Iraqi Council of Representatives completed the first reading of the Draft Arbitration Law on 20 April 2026. This guide sets out the two parallel procedural routes available today, court-ordered interim measures and tribunal/emergency-arbitrator-ordered measures, along with the eligibility criteria, required documents, realistic timelines, indicative costs, and the specific reforms the 2026 draft legislation is expected to introduce.

Overview of Interim Relief in Iraq and Who It Applies To

Interim relief in arbitration refers to temporary, conservatory, or protective measures that a court or an arbitral tribunal may grant before, or during, proceedings on the merits. The purpose is to preserve the status quo, prevent irreparable harm, or safeguard evidence and assets so that any eventual award can be meaningfully enforced. Common forms include injunctions restraining a party from disposing of assets, orders freezing bank accounts, directions to preserve documentary or physical evidence, security-for-costs orders, and mandatory performance obligations imposed on an interim basis.

In Iraq, two procedural routes exist for obtaining interim relief. The first is through the Iraqi civil courts, which exercise jurisdiction over conservatory and urgent measures under the Civil Procedure Code No. 83/1969 irrespective of whether an arbitration agreement exists. The second is through the arbitral tribunal itself, or, where institutional rules permit, through an emergency arbitrator appointed before the tribunal is constituted. Iraq’s accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) strengthens the international enforcement framework, and the UNCITRAL Model Law on International Commercial Arbitration serves as the comparative benchmark that the 2026 Draft Arbitration Law substantially tracks.

Types of Interim Relief Available

• Asset-freezing orders. Prevent a respondent from dissipating, transferring, or encumbering assets that may be needed to satisfy an eventual award.
• Injunctions (prohibitory and mandatory). Restrain a party from taking specified action, or compel performance of a particular obligation on a temporary basis.
• Evidence-preservation orders. Direct a party or third party to safeguard documents, electronic data, or physical evidence at risk of destruction.
• Security for costs. Require a claimant (or, less commonly, a respondent on a counterclaim) to post financial security to cover the opposing party’s costs if the claim fails.
• Performance security and payment into court. Compel a party to provide a bank guarantee or deposit funds pending the tribunal’s final determination.

When to Choose Tribunal vs Court

The choice between tribunal-ordered and court-ordered interim relief in Iraq turns on several practical factors. If the arbitral tribunal has already been constituted and has jurisdiction, applying to the tribunal first is generally preferable because it keeps the dispute within the agreed forum. If the tribunal has not yet been formed, and the arbitration clause or institutional rules provide for an emergency arbitrator, that mechanism offers a faster private route. However, where enforcement against locally situated assets requires the coercive power of an Iraqi court, or where the matter involves third parties not bound by the arbitration agreement, an application to the competent Iraqi court remains necessary. In many urgent scenarios, practitioners pursue both routes in parallel.

Eligibility and Prerequisites for Interim Relief in Iraq

Both claimants and respondents may seek interim relief. A respondent is eligible when it brings a counter-application arising out of the same arbitration agreement, for example, seeking security for costs against a claimant with limited assets in the jurisdiction. Third parties cannot apply to the arbitral tribunal, but they may be able to obtain court interim measures in their own right if they demonstrate a sufficient legal interest under the Civil Procedure Code No. 83/1969.

Eligibility Matrix

Standard of Proof and Evidentiary Baseline

Iraqi courts and arbitral tribunals applying internationally recognised standards generally assess four overlapping requirements. First, the applicant must demonstrate urgency and a risk of irreparable harm, meaning that waiting for the final award would render the relief meaningless. Second, the applicant must establish a prima facie case on the merits or, at a minimum, on the tribunal’s jurisdiction. Third, the balance of convenience must favour granting relief: the harm to the applicant from refusal must outweigh the harm to the respondent from an interim order. Fourth, courts may require the applicant to offer a security or cross-undertaking in damages to compensate the respondent if the relief is ultimately found to have been unjustified.

When Concurrent Court Action Is Permitted

Under existing Iraqi practice, the presence of an arbitration agreement does not automatically bar a party from seeking interim relief from the courts. The Civil Procedure Code No. 83/1969 treats conservatory and urgent measures as falling outside the scope of an agreement to arbitrate, meaning an Iraqi court generally retains jurisdiction to grant protective relief even where the merits are reserved to arbitration. The 2026 Draft Arbitration Law is expected to codify this principle more explicitly, while also setting clearer boundaries on when court intervention should cease once the tribunal is constituted. Industry observers expect the enacted law to follow the UNCITRAL Model Law approach, which expressly preserves court power over interim measures irrespective of an arbitration agreement.

Step‑by‑Step: How to Obtain Interim Relief in Arbitration in Iraq

The procedure for obtaining interim relief involves two parallel tracks. The table below provides a consolidated overview of the key steps, the responsible actor, and realistic durations. Detailed guidance on each route follows.

Step 1, Pre‑Application Checklist

Before filing any application, counsel should complete the following internal steps to maximise the chances of success and to avoid delay:

1. Secure board or management sign-off. Confirm the commercial decision to seek interim relief, including appetite for posting a security bond and the litigation budget for parallel proceedings.
2. Preserve evidence immediately. Issue internal litigation-hold notices. Copy and secure all relevant electronic communications, contracts, banking records, and shipping documents. Evidence of dissipation risk must be date-stamped.
3. Review the arbitration clause. Confirm whether the clause provides for emergency arbitrator appointment, whether institutional rules apply (and which institution), and whether the clause contains any carve-out for court interim measures.
4. Instruct local Iraqi counsel. If the applicant does not already have Iraqi counsel, retain a firm immediately and prepare a notarised and legalised power of attorney. Courts in Iraq require an original power of attorney for local counsel.
5. Prepare Arabic translations. All documents to be filed in Iraqi courts must be in Arabic or accompanied by certified Arabic translations.
6. Send a without-prejudice notice to the counterparty (where tactically appropriate). In some cases, pre-litigation notice may be required; in others, it may alert the respondent and risk asset flight. The decision is tactical and case-specific.

Step 2, Emergency Arbitrator / Tribunal Route

Where the arbitration agreement or institutional rules provide for an emergency arbitrator, this route can deliver a provisional order before the full tribunal is constituted. The procedure generally follows these steps:

1. File the emergency arbitrator application with the administering institution. The application must identify the parties, the arbitration agreement, the nature of the relief sought, the reasons for urgency, and the factual basis for the claim. Attach all supporting evidence and pay the institution’s emergency arbitrator fee.
2. Institution appoints the emergency arbitrator. Under most institutional rules, the institution must appoint an emergency arbitrator within 24–72 hours of receiving the application. The emergency arbitrator must be independent and disclose any conflicts.
3. Notice to respondent. The institution or the emergency arbitrator notifies the respondent of the application and sets a compressed timetable for a response, typically 3–5 days. Ex parte orders (without notice) are permitted under some institutional rules in extreme circumstances, but they are rare and subject to early reconsideration.
4. Hearing. The emergency arbitrator conducts a hearing, often by video conference, within 3–7 days of appointment. Both parties are given the opportunity to present evidence and argument.
5. Security / cross-undertaking. The emergency arbitrator may require the applicant to provide a security or undertaking in damages as a condition of granting relief.
6. Emergency arbitrator order issued. The order is typically issued within 24–72 hours after the hearing. It is binding on the parties under the arbitration agreement but is not directly enforceable as a court judgment in Iraq without a separate enforcement application.

Step 3, Court Interim Measures Route

Where enforcement in Iraq requires the coercive authority of a local court, or where no emergency arbitrator mechanism is available, the applicant files directly with the competent Iraqi court. The procedure involves the following steps:

1. Identify the competent court. Under the Civil Procedure Code No. 83/1969, the competent court is generally the Court of First Instance in whose jurisdiction the assets or the respondent are located. For commercial disputes, the relevant commercial division may also have jurisdiction.
2. File the urgent application. The application is filed in Arabic, accompanied by all supporting evidence, the certified arbitration agreement, evidence of urgency, and the applicant’s proposed form of order. Pay the court’s filing fee.
3. Ex parte hearing (where justified). In cases of extreme urgency, where notice to the respondent would risk asset dissipation, the court may hear the application ex parte and issue a provisional order within 24–72 hours. The applicant must explain why ex parte relief is justified and demonstrate attempts to notify the respondent.
4. Inter partes hearing. If the court does not grant ex parte relief, or after granting an initial ex parte order, the court schedules an inter partes hearing. The respondent is served and given the opportunity to respond. This hearing may take place within 1–3 weeks, depending on court caseload and urgency.
5. Security / bond. Iraqi courts commonly require the applicant to post a cash bond or bank guarantee as a condition of granting interim relief. The amount is at the court’s discretion and may range from a nominal percentage to the full value of the claim.
6. Enforcement of the court order. Once the court grants interim relief, enforcement is carried out by court bailiffs and enforcement authorities. For asset-freezing orders, the court issues a notification to the relevant bank, land registry, or government authority.

Parallel Proceedings, Tactical Sequencing

In practice, parties in Iraq often pursue both routes simultaneously. A party may file an emergency arbitrator application to obtain a binding contractual order quickly, while simultaneously or shortly afterwards filing a court application to secure enforceable interim measures over locally situated assets. The key tactical considerations are:

• Sequence matters. Filing with the court first may signal that the party is not committed to arbitration, which could complicate the tribunal’s view of its own jurisdiction. Conversely, filing with the emergency arbitrator first but without a parallel court application may leave assets unprotected if the respondent refuses to comply voluntarily.
• Avoid inconsistency. Ensure that the relief sought from the court is consistent with the relief sought from the tribunal. Inconsistent applications can undermine credibility before both forums.
• Conversion. Once the full tribunal is constituted, it may confirm, vary, or terminate the emergency arbitrator’s order. Similarly, a court’s interim order may be revisited in light of the tribunal’s own interim or final directions.

Required Documents and Information for Interim Relief in Iraq

Preparing a complete application bundle is critical. Missing or improperly authenticated documents are among the most common reasons for delay. The table below sets out the documents needed for both the emergency arbitrator route and the court route, with notes on format and authentication requirements.

For an emergency filing, the minimum immediate bundle should include the cover application, the affidavit, the arbitration agreement, evidence of dissipation risk, and the power of attorney. The remaining documents can be filed as supplementary evidence ahead of any inter partes hearing. All documents submitted to an Iraqi court must be in Arabic or accompanied by a certified Arabic translation. Failure to provide proper translations is a frequent cause of adjournment and delay.

Timeline and Key Deadlines for Emergency Arbitration in Iraq

The overall timeline for interim relief depends on the route chosen, the court’s caseload, and whether ex parte relief is available. The following indicative deadlines apply, subject to court discretion and institutional rules:

• Emergency arbitrator constitution: 24–72 hours from receipt of a conforming application by the institution.
• Emergency arbitrator hearing: Within 3–7 days of appointment.
• Emergency arbitrator order: 24–72 hours after conclusion of the hearing.
• Iraqi court ex parte hearing: 24–72 hours from filing of the urgent application, where the court is satisfied that ex parte relief is justified.
• Iraqi court inter partes hearing: 1–3 weeks from service of the application on the respondent.
• Posting of security / bond: Typically ordered at the time relief is granted; the applicant must post the bond within 24–72 hours or the order may lapse.
• Enforcement of interim order: 1–14 days after the court order is issued, depending on the type of asset and the relevant enforcement authority.
• Appeal window: A respondent may appeal an interim order; appeal timelines vary but are generally short (subject to court discretion and the nature of the order).

Practitioners should note that Iraqi court schedules can be affected by public holidays, judicial recess periods, and regional security conditions. Building a buffer of several days into any tactical plan is prudent. Emergency arbitration in Iraq is becoming more familiar to parties, but early indications suggest that enforcement of emergency arbitrator orders through Iraqi courts remains a developing area of practice.

Costs, Fees, and Tax Considerations

The costs of obtaining interim relief in Iraq vary substantially depending on the route chosen, the institution administering the arbitration, and the complexity of the underlying dispute. The following table provides indicative cost ranges. Parties should verify current fee schedules with the relevant institution and local counsel before filing.

Court filing fees in Iraq are generally nominal by international standards, but the security bond can represent a significant outlay. Parties should also budget for the possibility of an adverse costs order if interim relief is refused or later discharged. There are no specific tax charges on interim relief applications, but any security bond or bank guarantee may have associated banking charges and stamp fees. Local counsel can advise on the precise cost implications for a given case.

What Changes in 2026: The Draft Arbitration Law and Institutional Reforms

The Iraqi Council of Representatives completed the first reading of the Draft Arbitration Law on 20 April 2026. This legislation, developed with technical assistance from the UNDP and informed by World Bank advisory work on arbitration reform in Iraq, represents the most significant planned overhaul of Iraq’s arbitration framework in decades. The draft law substantially tracks the UNCITRAL Model Law on International Commercial Arbitration, including its 2006 amendments on interim measures.

Several provisions are directly relevant to interim relief. First, the draft law is expected to grant arbitral tribunals express statutory authority to order interim measures, removing the current ambiguity about whether tribunals possess such power absent party agreement. Second, the draft provides for recognition and enforcement of tribunal-ordered interim measures by Iraqi courts, creating a clearer pathway from tribunal order to court enforcement. Third, it codifies the principle that a party’s recourse to court for interim measures does not constitute a waiver of the arbitration agreement, aligning Iraqi law explicitly with the UNCITRAL Model Law position.

Fourth, the draft is expected to impose limits on court intervention once the tribunal is constituted, directing courts to defer to the tribunal on interim measures except in specified circumstances.

As of August 2026, the Draft Arbitration Law has not yet been enacted. Practitioners must therefore continue to rely on the existing regime under the Civil Procedure Code No. 83/1969 and the New York Convention framework. However, the likely practical effect of the reform will be to strengthen the enforceability of tribunal-ordered interim measures and to provide greater certainty for both domestic and international parties. Industry observers expect the law to receive its second reading and final enactment during the current parliamentary session, although the precise timeline remains subject to legislative scheduling.

In parallel, institutional reform is advancing through the ACAI (Arbitration Centre of the Arab Investment) Phase II programme, supported by UNDP and EU technical assistance. These reforms aim to build institutional capacity for commercial arbitration in Iraq, including the administration of emergency arbitrator procedures. For parties drafting new contracts with Iraqi counterparties, it is worth considering the inclusion of emergency arbitrator provisions that will align with the expected new statutory framework.

Common Pitfalls and How to Avoid Them

• Failing to provide certified Arabic translations. All documents submitted to Iraqi courts must be in Arabic or accompanied by certified translations. Submitting untranslated evidence leads to adjournment and loss of critical time. Begin translation immediately upon identifying the need for interim relief.
• Missing the bond-posting deadline. When a court or tribunal orders the applicant to post security, there is typically a tight window, often 24–72 hours, within which the bond must be posted. Failure to post on time may cause the interim order to lapse automatically.
• Applying to the wrong forum first. Filing at court when the arbitration clause mandates exclusive tribunal jurisdiction (or vice versa) can waste time and undermine credibility. Review the arbitration clause before deciding on forum sequencing.
• Improper service on the respondent. Iraqi courts require proper service of process. Service defects can invalidate an order, giving the respondent grounds to have the relief set aside. Use locally accepted methods of service and document every step.
• Delaying the application. Interim relief is, by definition, urgent. Courts and tribunals are less sympathetic to applications made weeks or months after the triggering event. Apply at the earliest point urgency can be demonstrated.
• Overlooking sovereign immunity and contractual carve-outs. Where the respondent is a state entity or a state-owned enterprise, sovereign immunity may restrict the availability of certain interim measures. Similarly, some contracts contain carve-out clauses that limit interim relief. Identify these issues at the pre-application stage.
• Failing to coordinate parallel proceedings. Where applications are made to both the tribunal and the court, ensure the relief sought is consistent and that counsel in both forums are fully briefed. Contradictory positions in parallel proceedings damage the applicant’s case in both venues.

Conclusion

Knowing how to obtain interim relief in arbitration in Iraq in 2026 requires a clear understanding of both the current procedural framework and the changes the Draft Arbitration Law will bring. Under the existing regime, the Civil Procedure Code No. 83/1969 gives Iraqi courts broad power to grant conservatory measures, while institutional arbitration rules increasingly permit emergency arbitrator appointments. Once the Draft Arbitration Law is enacted, the statutory authority of tribunals to grant interim measures will be placed on a firmer footing, and the enforcement pathway from tribunal order to court execution will be codified for the first time.

In the meantime, practitioners should prepare comprehensive application bundles, file promptly, coordinate parallel proceedings carefully, and budget realistically for security bonds and professional fees. Early preparation and proper document authentication remain the single most important factors in securing effective interim relief in Iraq.

Sources

1. UNCITRAL, Model Law on International Commercial Arbitration (1985, with 2006 amendments)
2. Iraqi Council of Representatives, Draft Arbitration Law first reading announcement (20 April 2026)
3. Supreme Judicial Council (Iraq), Judicial oversight and arbitration guidance
4. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Contracting States
5. World Bank, Technical assessment on arbitration in Iraq
6. UNDP, Support to the Government of Iraq on anti-corruption and foreign investment