Economic courts as a mechanism to encourage investment and the need to develop them in the Kurdistan region of Iraq

Abstract

Abstract Commercial courts are one of the mechanisms developed to resolve trade and economic disputes. The idea began in countries to establish commercial and economic courts as a result of the nature of commercial cases and the speed they need to resolve lawsuits related to trade and investment, as well as the need for specialized courts and dedication to the principle of jurisdiction in the courts. It is clear to us that the presence of specialized commercial and economic courts will help to encourage investment in the country when investors trust that in the event of a dispute, there will be specialized judges who will resolve their dispute and as soon as possible based on the required experience which guarantees their rights. We find through this study, although there are deficiencies and shortcomings in the law of establishing economic courts in Egypt, but Egypt's experience is one of the modern experiences with regard to establishing commercial courts comparison with experience in Iraq, and the experience of Iraq is better comparison with the judicial experience in the Kurdistan Region so that it did not We find any courts specialized in commercial cases. In view of the importance of commercial and economic courts, this research attempted to clarify the importance of commercial courts and the relationship of trade and investment to the judiciary, as well as the jurisdiction of commercial and economic courts, and finally the need to create these courts and the possibility of their creation based on existing laws in the Kurdistan Region or amend them or legislate a new law in this regard.