Settlement of International Electronic Contract Disputes by ‎Determining International ‎Jurisdiction for Consideration in ‎Accordance with Iraqi Law

Abstract

The international jurisdiction is competence of the national courts to decide the disputes containing a foreign element. Whereas the rules of the international jurisdiction of the Iraqi courts are the group of legal rules determining the competence of the Iraqi courts to decide the disputes of foreign element, against other foreign courts. And are based upon a group of standards or criteria, well-known as the standards of the international jurisdiction of Iraqi courts. It is worth bearing in mind that the electronic contract is an agreement through which the offer and acceptance are meeting in an open international online network of distance communication, by visual and audible means. Thanks to the interaction between offeror and acceptor. It is also worth-noting that international jurisdiction to settle the disputes of the electronic contract is determined by the traditional standard of the international jurisdiction, through which the jurisdiction of Iraqi courts is concluded, in conformity with the paragraph –C- of the article (15) of the Iraqi Civil Law No. (40) of 1951. Although we tried in this piece of research to attribute the international jurisdiction of Iraqi courts in the disputes relevant of international electronic contracts to some standards provided for by the electronic signature and electronic bargains No. 78 of 2012.