We have witnessed various companies dealing with law firms outside Iraq, such cooperation has led to negative results; causing legal and financial damage.
Dealing with legal industry outside the borders of Iraq is misleading, because they neither have the knowledge and expertise in Iraqi laws and regulations, especially because of the regular law changes that occur in Iraq, in addition, lawyers and law firm from outside Iraq are not licensed to be qualified to practice law according to the Iraq lawyers code.The Iraqi laws and regulations have their own nature and could only be understood by the legal industry working locally inside Iraq. Alsaif possesses the knowledge and expertise based on actual practice for numerous years and managed to deliver success utilizing the best legal resolving method extracted from 40 years of experience.
Judicial Pecedents
It is important to understand that the Iraq laws and regulations have their own explanation, and the laws in Iraq posses special formal actions, these actions must be implemented in certain circumstances without overriding the periods and timings fixed in the code; in addition defense required in various cases must be taken in certain terms and condition, only experienced Iraqi lawyers understand the accurate and correct procedure.
It is important to recognize that the judicial system in Iraq is one of the most important legislatures in case law. Paragraph (3) of Article I of the Iraqi Civil Code stipulates that "3 - The courts shall be guided by all the provisions approved by the judiciary and jurisprudence in Iraq and then in other countries whose laws converge with Iraqi laws", The Court of Cassation which is the highest court in the Iraqi Judicial system has issued an important decision as it stated “… it is the duty to follow in cases similar to those stated in it…” The decision was issued on the agreement of the Court of Cassation General Assembly 20/1/2006.
In other words, statuary law is adopted in many cases especially when such cases are similar in nature and subject. Hence, updating is required. It is clear from the foregoing that in the event that the General Authority retracts a previous decision, its final decision is the duty to follow in similar cases. The basis of this obligation is the text of the law.
Our Litigation Service
Our 40 years experienced litigation team managed to solve the most difficult and diverse cases in all stages of court. The intense legal knowledge mixed with practice and skills enables Alsaif to hold a premier position in number of succeeded cases. The firms data base is rich with the latest decisions issued by the courts, such collection of decision is important to understand any changes that may happen in case law.
The firm has also managed to engage in international arbitration.