In Iraqi litigation, the outcome often depends less on the facts than on how they can be proved. The Evidence Law decides which documents, witnesses and other proof a court will accept. Foreign companies sometimes rely on emails, informal agreements or unsigned records that carry little weight in an Iraqi court. Building a proper evidence trail from the start of a business relationship is far easier than trying to create one during a dispute.
Legal Framework
The Evidence Law No. 107 of 1979 governs the rules of proof in civil and commercial cases before the Iraqi courts. It sets out who bears the burden of proof and the means of proof the court may accept. These include written documents, admissions, witness testimony, presumptions, oaths, inspection and expert evidence. The law also gives the judge an active role in seeking the truth.
The law works closely with the Civil Procedure Law No. 83 of 1969, which regulates how a case is conducted. Electronic documents are also addressed by the Electronic Signature and Electronic Transactions Law No. 78 of 2012. Together, these laws determine how a commercial claim is proved in practice.
Key Points for Foreign Companies
Who Must Prove What
As a general rule, the party making a claim must prove it. The party denying it must then prove any defence it raises. A foreign company bringing a claim for unpaid invoices must therefore be ready to prove the contract, delivery and the amount due.
The Strength of Written Evidence
Written evidence is the strongest form of proof in most commercial disputes. The law distinguishes between official documents and ordinary (private) documents. Official documents, such as those issued or authenticated by a notary public, carry greater weight. They can usually only be challenged through a formal forgery claim.
Ordinary Documents and Signatures
A private document signed by a party is generally binding on that party unless they deny the signature. If the signature is denied, the court may order a handwriting examination by experts. Clear, signed and dated contracts reduce this risk significantly.
Limits on Witness Testimony
The law limits the use of witnesses to prove certain obligations, particularly those above a value set by the law. In such cases, written proof is generally required. Companies should not rely on verbal agreements or witness accounts for significant transactions.
Admissions and Oaths
An admission made before the court is strong evidence against the party making it. The law also allows a party to ask the other side to take a decisive oath in certain cases. This can settle the issue when other proof is lacking. Such tools are technical and should be used with legal advice.
Foreign Documents
Documents issued outside Iraq usually need to be legalised before they are accepted. This normally involves authentication in the country of origin and by the Iraqi consulate, followed by the Iraqi Ministry of Foreign Affairs. Documents in foreign languages also need a certified Arabic translation.
Electronic Records
Emails, electronic contracts and digital records are increasingly common in business. Their acceptance depends on the Evidence Law, the electronic transactions legislation and the court’s assessment. Electronic evidence is stronger when it can be linked reliably to its author.
Expert Evidence
Courts frequently appoint experts in commercial cases involving accounts, engineering or technical matters. The expert’s report is not binding on the judge, but it is often highly influential. Parties should prepare clear records that an expert can easily review.
Practical Recommendations
- Put every significant agreement in a written contract signed by authorised representatives of both parties.
- Keep signed delivery notes, invoices and acknowledgements of receipt for all transactions.
- Legalise and translate key foreign documents early rather than waiting for a dispute.
- Use notarised documents for important acknowledgements of debt or powers of attorney.
- Maintain well-organised accounting records that a court-appointed expert can follow.
Conclusion
The Evidence Law rewards companies that document their business carefully. Signed contracts, legalised documents and clear records turn a strong position into a winning case. Good evidence practice should be part of everyday operations in Iraq, not an afterthought.
This article provides general information only and does not constitute legal advice. For advice on evidence and litigation in Iraq, contact Etihad Law team.