مؤتمر استرداد الأصول في الشرق الأوسط 2025 من شركة Informa Connect: مؤيد وشركاؤه يمثلون العراق ويتحدثون عن التحكيم وتنفيذ الأحكام الأجنبية

تفخر شركة مؤيد وشركاؤه بالمشاركة في مؤتمر استرداد الأصول في الشرق الأوسط 2025، الذي أقيم في دبي في فندق شيراتون جراند في الفترة من 9 إلى 10 أبريل 2025، كشريك برونزي رسمي. أصبح هذا المؤتمر السنوي، الذي تنظمه سلسلة استرداد الأصول (Informa Connect)، منصة رائدة للممارسين القانونيين والمحققين ومتخصصي إنفاذ القانون في جميع أنحاء المنطقة.

Representing Iraq’s growing legal voice on the international stage, our Managing Partner, مصطفى مؤيد, was invited to speak on the headline panel of Day 1:

“Arbitrickery – Allegations of Fraud During Arbitrations: A Serious Public Policy Problem or the Last Defence of Recalcitrant Award Debtors?”

This panel explored how fraud allegations are increasingly used to resist the enforcement of arbitral awards, with reference to landmark cases such as Nigeria v. P&ID. During the panel, Mustafa Muayad provided a detailed overview of how Iraqi courts handle the enforcement of arbitral awards, distinguishing between domestic and international awards under the Iraqi Civil Procedure Code and Law of Enforcement of Foreign Judgments No. 30 of 1928. He explained that while domestic awards are enforced through the ordinary civil courts, international awards require judicial recognition and may be enforced under either the New York Convention (1958) or the Riyadh Arab Agreement for Judicial Cooperation (1983), depending on the country of origin of the award.

Mustafa discussed how, in Iraq, both conventions coexist in practice and can be used strategically to facilitate enforcement — highlighting that the Riyadh Agreement can often provide a more direct path for enforcement among Arab states, while the New York Convention remains the standard for awards from other jurisdictions.

He also addressed the growing trend of alleging fraud during or after arbitration proceedings as a defense to enforcement. Mustafa explained how Iraqi courts assess such allegations, distinguishing between “fraud on the tribunal” and disputes about the underlying contract. He noted that courts in Iraq are cautious when dealing with fraud claims raised after an arbitral award is issued, particularly where a parallel criminal complaint for fraud has been filed, as this can delay enforcement until the criminal proceedings are concluded.

In addition, Mustafa elaborated on the interaction between public policy and Sharia law principles in Iraqi enforcement proceedings. He shared how claimants must demonstrate that the award does not violate mandatory principles of Iraqi law — for instance, when interest or certain contractual penalties are included in the award. He further discussed practical drafting strategies for arbitration clauses, recommending that parties consider dual reference to both the Riyadh Agreement and the New York Convention, giving flexibility for enforcement depending on the respondent’s jurisdiction.

His intervention gave the audience a clear and practical understanding of how enforcement of foreign arbitral awards operates in Iraq, and what claimants should consider when structuring contracts and arbitration clauses that may later require recognition before Iraqi courts.

The session featured distinguished panelists:

• Bilshan Nursimulu, Partner, Orison Legal
• Viren Mascarenhas, Founding Partner, Milbank LLP
• مصطفى مؤيد, Managing Partner, المؤيد ومشاركوه

The panel was moderated by:

• Ros Prince, Partner, Stephenson Harwood LLP
• Qaisar Hamed Metawea, Managing Partner, Dr. Qaisar H Metawea Law Firm

The discussion was opened by Jehad Abdulrazzaq Kazim, Executive Director of the Dubai International Arbitration Centre (DIAC), who delivered a strong welcoming address. The panel was later highlighted in DIAC’s own official post covering the event, noting its importance in the region’s arbitration dialogue.

As a firm focused on enforcement of foreign judgments and arbitral awards in Iraq, fraud litigation, and cross-border dispute resolution, Muayad & Associates was pleased to share its experience with international peers and strengthen connections with leading regional firms such as Stephenson Harwood, Milbank, Mourant, Walkers, Baker & Partners, Harneys, Enyo Law, Kroll, KRyS Global, Hadef & Partners and others.

We extend our thanks to Informa Connect, the moderators and co-panelists, and especially DIAC for supporting meaningful conversations on enforcement risks and arbitration integrity in the Middle East.