The Concept of Iraqi Commercial Court

Abstract

With the emergence of new types of disputes, we anticipate the injection of numerous cases and lawsuits into a single regulatory structure, posing numerous problems related to the judiciary's exhaustion, the length of the dispute, the inaccuracy and caution required when issuing resolutions to these disputes, which prompted states to adopt an important principle in their constitutions, namely the judiciary's specialization. Indeed, speeding up the judicial process is associated with achieving justice, as necessary procedures must be completed from the time the case is filed to the time the role of a judgment is established, provided that the legal texts and principles governing the dispute before the judiciary are considered, and then justice is achieved by combining the elements of time and mastery, as can be expected from the time required to resolve a case in the ordinarily. This period is due to the close scheduling of hearings before the competent court as a result of the small number of cases brought before it; on the other hand, the judge who is concerned with experience and know-how avoids the use of experts in all small and large matters, as his specialization in the field of advocacy and the filings before him from the S.A.N. allow him to develop his skill and strengthenhis judgments outside of his area of expertise.