Litigation and Alternative Dispute Resolution Legal Practice
Our “Litigation and Alternative Dispute Resolution Legal Practice” advises BHC clients in all areas of local litigation and alternative dispute resolution (including in formal local and foreign arbitration and mediation proceedings, and in informal local conciliation and amicable settlement procedures; collectively “ADR”)--under both of Iraq’s legal and regulatory regimes; and in accordance with the pertinent contractual dispute resolution provision(s), and the applicable ADR regime.
Whilst the basis of our primary advice to clients invariably remains anchored in avoiding any controversy or dispute that could lead to formal litigation, or quasi-judicial or official administrative proceedings locally—and we assist them to do so through upstream competent legal advice, skillful negotiations with counter-parts and local authorities, and by considering ADR mechanisms--we represent clients in local courts of all instances on administrative, civil, commercial, criminal, and various regulatory matters; including for, but not limited to, debt collection, bankruptcy claims, asset seizures, foreign investment license penalization or revocation, company registrar regulatory penalties and sanctions, tax authority assessments and penalties, real estate evictions and repossessions, and Iraqi governmental blacklisting or similar administrative sanctions. We also can represent their individual employees in local criminal (and personal affairs) courts, if necessary and upon the client’s request.
We also represent clients in large-value and complex litigations, before local civil, commercial, and criminal courts, involving contractual and governmental payment disputes, construction litigation, corporate dissolution, insolvency, accounting and auditing disputes, infringements of intellectual property, patents, and copyrights, anti-piracy, unfair competition, property rights adjudication (moveable and immovable property), environmental damage, financial fraud, electronic commerce, and in such other cases spanning the entire financial and commercial spectrum. Additionally, we often furnish expert opinions and expert testimonies, on matters of Iraqi law and regulations, to foreign counsel and in foreign courts and international arbitral tribunals.
And we are ADR-experienced in both local arbitration rules and major arbitral regimes; including those of the International Centre for the Settlement of Investment Disputes (“ICSID”), the International Chamber of Commerce (“ICC”), and the United Nations Commission on International Trade Law (“UNCITRAL”).
In addition to advising and representing clients locally in the various courts of all instances (federal and regional levels), and in quasi-judicial and administrative proceedings, we equally serve as their primary tax litigation counsel before local tax authorities, governmental administrative proceedings, and judicial tribunals.