International Jurisdiction in Oil Service Contract Disputes: An Analytical Study

The clauses included in the oil service contract prevent the Iraqi judiciary from considering the disputes that may arise because of it, as the parties have adopted a set of amicable mechanisms to resolve the dispute, away from the courts, relying on the permission stipulated in the Iraqi legal system, which accepts the agreement of the two parties to determine the mechanisms they deem appropriate to resolve the disputes that arise between them on the occasion of implementing the international contract, at a time when it is assumed that the Iraqi judiciary is the one with jurisdiction to consider the disputes, or at least the one with the reserve jurisdiction to consider the dispute or the neutral party supporting the resolution of the dispute, due to its possession of the authority to take temporary or urgent measures that contribute to resolving the dispute, but in the end the jurisdiction to consider the disputes was vested in a foreign institutional arbitration body, and the arbitration headquarters is foreign, which made the jurisdiction of the Iraqi judiciary in this area within the narrowest limits, which is what this study was based on clarifying, and identifying the sources of this jurisdiction within the framework of what the Rumaila oil contract included in terms of clauses and provisions in this regard