Litigation and Alternative Dispute Resolution Practice 2017-11-12T22:47:44+00:00

Litigation and Alternative Dispute Resolution Practice

Our “Litigation and Alternative Dispute Resolution Legal Practice” advises BHC clients on all areas of local litigation and alternative dispute resolution (including informal local and foreign arbitration and mediation proceedings, conciliation, and amicable settlement procedures; collectively referred to as “ADR”). This practice serves to provide expert guidance 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.

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, and we assist clients in this regard through competent legal advice, skillful negotiations with counterparts and local authorities, and by assessing available ADR mechanisms. However, should the need arise, we represent clients in local courts of all instances on administrative, civil, commercial, criminal, and various regulatory matters, including for, but not limited to, the following:

  • 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
  • Iraqi governmental blacklisting or similar administrative sanctions.

BHC is also capable of representing the individual employees of companies in local criminal (and personal affairs) courts, if necessary and upon the client’s request.

Our team of expert litigators has represented clients in large-value and complex litigations, before local civil, commercial, and criminal courts, involving the following matters:

  • contractual and governmental payment disputes
  • construction litigation
  • corporate dissolution
  • insolvency
  • accounting and auditing disputes
  • intellectual property infringements
  • anti-piracy
  • unfair competition
  • property rights adjudication (moveable and immovable property)
  • environmental pollution
  • 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 to foreign counsel and in foreign courts and international arbitral tribunals. The BHC Managing Partner is regularly asked to serve as an expert witness before foreign tribunals and on behalf of international clients in various proceedings.

BHC’s ADR-experience in both local arbitration rules and major arbitral regimes includes 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, BHC staff have previous work experience with the foundation and development of the Iraqi Center for International Arbitration.

In addition to advising and representing clients locally in various courts at the federal and regional levels and in quasi-judicial and administrative proceedings, BHC equally serves clients as the primary tax litigation counsel before local tax authorities, governmental administrative proceedings, and judicial tribunals.