Archive for the ‘Iraq’ Category

Iraq Law update: Accession to The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – Lexology

The Parliament of the Republic of Iraq ratified on 4 March 2021 the long-awaited law on the accession of Iraq to The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and the law (the New York Convention Law) was published in the Iraqi official gazette on 31 May 2021 (the Date of Entry into Force).

Back in February 2018, the Iraqi Cabinet had endorsed Iraqs accession to the New York Convention, in an effort to affirm to the international community Iraqs intention to provide legal protection to foreign investors. Full accession however had remained subject to ratification by the Parliament. Article 12 of the New York Convention states that the Convention enters into force for a State acceding to it on the ninetieth day after the State deposits its instrument of accession. On 23 March 2021, an announcement was published on the official website of the New York Convention which read that "Iraq becomes the 168th State Party to the New York Convention" and that "the Convention will enter into force for Iraq once the law is published in Iraqs official gazette".

The Law was published in the Iraqi Official Gazette on 31 May 2021 and provides that it enters into effect upon publication.

The Law as published in the Iraqi Official Gazette states that Iraq accedes to the New York Convention with the following reservations:

The Conventions provisions are inapplicable towards Iraq on arbitral awards rendered prior to the Date of Entry into Force (non-retroactivity exception)

The Convention is inapplicable in relation to recognition and enforceability of awards rendered in other Member States unless other Member States recognize and enforce arbitral awards rendered in Iraq. (condition of reciprocity)

The Convention is inapplicable by the Republic of Iraq except on conflicts arising from contractual and non-contractual relations which are considered commercial under Iraqi Law. (condition of commercial relations)

The arbitration procedures applicable in Iraq are governed by the Civil and Commercial Procedures Law of 1969 (the CCP). Arbitral awards are enforceable before the relevant Iraqi execution authorities only when the competent (local) court accepts the award, based on request by one of the parties to the arbitration. According to the relevant provisions of the CCP, parties to the arbitration may plead for the annulment of the arbitral award, or the competent court may do so on its own, in the following instances:

If the arbitral award was not made in writing or the arbitral agreement is invalid;

If the arbitral tribunal exceeded its agreed-upon powers;

If the arbitral award violates public policy and morals, or provisions of the arbitration law found in the CCP;

If reasons for retrial have emerged; or

If there was a material error in the arbitral award rendered or in the arbitral proceedings and this material error affects the validity of the arbitral award.

Application in the Kurdistan Region of Iraq

It is worth noting that the Iraqi New York Convention Law is a legal instrument of federal Iraq, and it remains to be seen whether foreign arbitral awards would find their way to local enforcement in the Kurdistan Region of Iraq based on Iraqs accession to the New York Convention. Article 110.1 of Iraqi Constitution provides exclusive authorities to the Federal government in ratifying international treaties. Furthermore, Article 115 of the Constitution can be understood to mean that the Kurdish government can only legislate in two respects:

in areas not exclusively committed to the federal government (as listed in Article 110 of the Constitution); and

in areas over which authority is shared between the federal and regional governments (those "shared" areas are listed in Articles 112 to 114 of the Constitution).

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Iraq Law update: Accession to The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards - Lexology

First Memorial Day without his wife, an American hero who died from toxic exposure in Iraq – WTSP.com

Lauren Price spent less than one year in Iraq but came home with debilitating health issues caused by toxic exposures she endured while serving.

NEW PORT RICHEY, Fla. She made it back from Iraq, but she also brought home illnesses and health problems that made every breath she took a struggle.

Lauren Price enlisted in the United States Navy at age 39. Her widower, James Price, explained that Lauren was a young military spouse and mom. So, her own military journey was delayed. Once her kids were old enough, she followed her calling and served in the Navy from 2006 to 2013.

In the mid 2000's, James explained the Army reached out to other branches of the military to send more troops to Iraq. Both Lauren and James volunteered and ending up meeting on that volunteer deployment.

It was the height of the war.

"If she could go and do it, that was one less person that was younger than her that had young kids that was still at the beginning of their life that wouldnt have to go," James Price said of why Lauren volunteered to go into the warzone.

During her eleven-month tour in Iraq, she frequently breathed in toxic smoke from burn pits as she drove trucks on and off base for missions.

Burn pits were used in Iraq and Afghanistan as a way to eliminate waste like chemicals, ammunition, oil and other items they needed to get rid of. Many veterans have described it as a burning hole of toxic waste.

At the time, most didn't consider the burning pit a high-priority threat.

In 2018, Lauren Price told 10 Tampa Bay, "We were there during the worst. It was the most fatalities in Iraq. We were losing a truck with five people every single week out of our brigade. You figured youd get blown up.

However, within months of coming home, Price noticed she was having respiratory problems and would get winded very easily.

During that 2018 interview with 10 Tampa Bay, Lauren Price said, "I had no idea that the thing I would come home to deal with would be literally I cant breathe.

The Prices fought to get Lauren the healthcare, benefits, and medical status she desperately needed to survive. It was an excruciating process.

"From start to finish, it took four years, five appeals, and several congressional letters from members of congress to the VA to finally get her the disability rating that she was due which then, in turn, would allow her to get the medical care through the VA," said James Price.

Ultimately, after several diagnoses including constricted bronchiolitis and cancer, the Prices accepted that Lauren's time on Earth was limited. James said she made it her mission to help other veterans who came home with illnesses caused by toxic exposures.

"What she could do for other veterans and their families was the priority," said Price.

Lauren founded Veteran Warriors and testified before Congress numerous times fighting for burn pit veterans and their families.

James said she fought for others until her final days.

Lauren Price passed away on March 30, 2021, after developing a blood clot. James shared with 10 Tampa Bay reporter, Liz Crawford, some of his last conversation with Lauren.

"Just not ready but keep doing everything that needs to be done for family, for friends, to keep helping out other veterans," said James.

This Memorial Day, two months and one day since Lauren's death, has a whole new meaning for the Price family.

"Being a veteran and knowing people who have given the ultimate sacrifice has always meant more to me than probably non-military individuals but it just hits awfully close to home this weekend," said James.

Along with James, Lauren leaves behind three sons, two stepsons, and six grandchildren. She was 56-years-old.

James hopes to keep her legacy alive through her foundation and helping military veterans.

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First Memorial Day without his wife, an American hero who died from toxic exposure in Iraq - WTSP.com

Two drones shot down above Iraq base housing US troops: Military – Al Jazeera English

The USs C-RAM defence system shoots down the drones above the Ain al-Asad base in Iraqs western desert, the Iraqi army says.

The Iraqi army has said that two drones were destroyed above a base housing United States troops, one month after the same base was targeted by an armed drone.

The US militarys C-RAM defence system was activated to shoot down the drones above the Ain al-Asad airbase, located in Iraqs western desert, the Iraqi military said on Sunday.

Several hours earlier a rocket was shot down above Baghdad airport, without causing casualties or damage, said Colonel Wayne Marotto, spokesman for the US-led military coalition in Iraq.

The coalition was sent to Iraq to help the countrys military fight the ISIL (ISIS) group a campaign that Baghdad declared won in late 2017.

The US military had withdrawn its troops from Iraq in December 2011 under former President Barack Obama, almost nine years after the US-led military invasion toppled longtime Iraqi President Saddam Hussein.

There was no immediate claim of responsibility for Sundays attack.

The US consistently blames Iran-linked Iraqi factions for rocket attacks against Iraqi installations housing its personnel.

On May 8, an attack by an unmanned aerial surveillance system targeted the Ain al-Asad base, but it caused no injuries.

Since the start of this year, there have been 39 attacks against US interests in Iraq.

The vast majority have been bombs against logistics convoys, while 14 were rocket attacks, some of them claimed by pro-Iran factions, who aim to pressure Washington into withdrawing all their troops.

The use of drones against American interests by these factions is a relatively new tactic, although the US military has previously accused pro-Iran Iraqi groups of helping Yemens Houthi rebels carry out attacks using such devices against Saudi interests.

Iran has denied the accusations.

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Two drones shot down above Iraq base housing US troops: Military - Al Jazeera English

Iraq and Iran are one soul in two bodies: ambassador – Tehran Times

TEHRAN Iranian Ambassador to Iraq Iraj Masjedi has praised the strong relations between Tehran and Baghdad, saying they are so strong that cannot be broken.

Speaking at a memorial ceremony for the demise of Imam Khomeini, Masjedi said the resistance front is pressing ahead with its plans to strengthen itself.

The resistance front is moving towards strengthening its capabilities in confrontation with the enemies, he said, expressing the Islamic Republic of Iran's pride in its defense of vulnerable Muslims in the world.

He also pointed to the depth of relations between the Iranian and Iraqi peoples, stressing that Iraq and Iran are one soul in two bodies and there is no separation between them.

The Iranian and Iraqi peoples, in times of hardship and difficulties, have always been by each other's side and in defense of the causes of the Islamic world, and no force can separate the two peoples from each other, Masjedi noted, according to Al-Alam.

The Iranian ambassador referred to the role of the late Imam Khomeini in supporting the struggle of the Palestinian people and added, The resistance of the Palestinian people today against the Zionist entity stems from and is inspired by the revolution of Imam Khomeini.

Masjedi stressed that Imam Khomeini's revolution is an uprising for all the oppressed in the world, noting that America failed to break this uprising and that Iran is proud of its defense of all vulnerable Muslims in the world.

He praised the role of the Popular Mobilization Forces and the two martyred commanders, Qassem Soleimani and Abu Mahdi Al-Muhandis in combating terrorist groups.

He also praised the sacrifices and heroism of the Popular Mobilization Forces and all Iraqi armed forces in the fight against terrorism.

He pointed out that America and its followers sought a lot to eliminate the uprising of the late Imam and the last of them was the former U.S president, Donald Trump, who all went to the dustbin of history.

The Joe Biden administration was forced to negotiate with Tehran because it realized the capabilities of the Islamic Republic of Iran in the region, Masjedi noted.

For his part, the head of the Iraqi Popular Mobilization Committee, Faleh al-Fayyad, said that Imam Khomeini's revolution gave a new meaning to humanity in the world.

Al-Fayyad added that Iraq was and still looks with respect and appreciation for the revolution of Imam Khomeini.

He explained that the Iraqis interacted a lot with Imam Khomeini's revolution and the line that the martyr Sayyid Muhammad Baqir al-Sadr walked, stressing that Imam Khomeini's revolution had a great resonance in the Islamic and Western worlds. He stressed that all free people view the personality of Imam Khomeini as the teacher, pioneer and leader in reviving moral values.

A memorial ceremony has been held in various Iraqi cities in recent days in memory of the passing away of Imam Khomeini and similar ceremonies will be held in the coming days as well.

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Iraq and Iran are one soul in two bodies: ambassador - Tehran Times

Iraq records cases of lethal ‘black fungus’ infection in Covid-19 patients – The National

Cases of the deadly black fungus infection, which is hitting India hard, have been recorded in Iraq, the countrys Health Ministry said on Sunday.

This disease is well-known and has existed for years now, can be easily diagnosed and can be treated, ministry spokesman Saif Al Badr told The National.

We are registering it among other consequences of Covid-19, but we are still seeing limited numbers nationwide.

The country has only registered one death from black fungus in the southern city of Nasiriyah, he said, adding that there may have been a small number of other cases that were not registered.

Black fungus disease, also known as mucormycosis, is being reported to be increasing among patients recovering from Covid-19, mainly in India.

The rare disease, which has a 50 per cent mortality rate, has been linked to the overuse of steroids during the treatment of coronavirus, which can affect the immune system if steroid treatment continues for a long period.

Most vulnerable to the infection are patients with diabetes and those who are immunocompromised. It initially develops in the nasal passages and can later spread into the eyes and brain.

Treatment is often based on surgery, which can involve removing parts of the skull, jaw or even the eyes.

Iraq is still seeing a high number of coronavirus cases with daily numbers ranging from 3,000 to 4,000.

The country registered 3,154 new Covid-19 cases on Saturday, bringing the total number of infections to 1,221,678, according to Health Ministry figures.

The ministry also reported 30 deaths, taking the total number of fatalities to 16,518.

Iraq's vaccine rollout began in late March, but it has been faltering, mainly because of vaccine hesitancy among Iraqis.

As of Saturday, only 637,455 Iraqi citizens have been vaccinated. Iraqs population stands at around 40 million people.

Authorities are still imposing a partial lockdown from 9pm to 5am.

India has had about 12,000 cases and more than 300 deaths from black fungus in the past few months, according to the Indian Health Ministry.

Other countries have reportedly recorded many Covid-linked black-fungus cases, including Pakistan and Russia.

On May 25, Bangladesh reported its first death caused by black fungus.

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Iraq records cases of lethal 'black fungus' infection in Covid-19 patients - The National