فاعلية التحكيم الدولي في منازعات تحديد الثمن ” دراسة مقارنة “

The effectiveness of international arbitration in price-fixing disputes (( Comparative Study )).

The price is the consideration agreed upon by the two parties to the sales contract, regardless of whether it is equal or not equal to the value of the commodity or thing sold, and the price is an essential element in all international and domestic sales contracts. The types of price specified in international contracts vary, some of them are fixed and some are variable, and according to the nature of the contract concluded, and the price specified in international contracts has many issues represented in the stages of its determination, as each stage has a role in determining the price of international contracts, whether it is the negotiation stage or the offer stage. The arbitrator can investigate the price by referring to the intention of the contracting parties or their tacit agreement by following criteria to determine it, whether they are national or international, and these criteria vary according to the type of international contract. The position of determining the price in Latin legal systems differs from its position in the Anglo-American legal systems, and the issue of determining the price is a red line that cannot be crossed in internal contracts, and otherwise the contract is absolutely null, while this issue is not one of the nullifications of the contract in the law of the United States of America for its adoption open price.
Despite the efforts made by the legal systems to find solutions in contractual disputes, especially with regard to price-fixing disputes that arise in those contracts, the litigants can resort to the judiciary and submit a request in this regard; However, these endeavors may not be

completely successful due to several reasons, including the complexity of the judicial procedures. The matter is different if the basis of those.
disputes is international contracts, as these traditional solutions are not able to keep pace with developments in the field of international transactions, or the increase in the volume of commercial exchanges, which calls for the need to search for effective means to settle their disputes in a manner consistent with the nature of those transactions, while achieving their goal. The basic means of stabilizing transactions and facilitating the matter of settling their disputes, and there are alternative means for settling price-setting disputes in international contracts, some of them are of a negotiating nature, represented by (mediation, conciliation, experience…etc), and others are of a mandatory nature, represented by arbitration, which occupies the center stage in relation to other methods. To resolve disputes because of its encouraging advantages, and about the position of the Iraqi legislator, we point out that the instructions for implementing government contracts No. (2) of 2014 authorized the parties to the dispute to resort to arbitration, as well as Investment Law No. (13) of 2006. The method of arbitration is a legal method followed by those who request it at the internal or international level, and the legal relationship arises when concluding an international contract with an external commercial relationship, and this method emerges when efforts to resolve their disputes fail, therefore they work with the contents of the terms of their contracts that they concluded, the
most important of which is the arbitration clause. It is well known that each sect has a constitution and the constitution of the arbitral bodies is the arbitration agreement concluded between the two parties, which draws the path of the arbitrators and defines their powers.
Despite the challenges facing the arbitration process, there is a real desire to complete the arbitration tasks to the fullest, regardless of the obstacles that accompany it, and this insistence in itself is one of the ingredients that contribute to achieving the international effectiveness of arbitration. The arbitrators are keen on balancing several issues, the most important of which are: achieving legal balance between its task aimed at achieving the interests of the opponents, and between avoiding compromising the sanctity of legal systems under the title of public order, and preventing the cessation of commercial transactions. As the arbitrator uses his skill and professionalism, especially the legal ones extracted from the number of laws on which he deals, whether theoretical and enshrined in internal legal systems and the agreement or practical and emanating from arbitral precedents and other mechanisms, with reference to the most important international legal principles in force, and the facilities that provide The countries that are party to the international agreements that seek to find solutions, unify them and enable the arbitral award to be enforced, all of this contributes to ensuring effective arbitration to achieve the desired goal, which is the essence and purpose of the arbitral process, which is the recognition and implementation of the arbitral award. To complete his task, such as assigning an expert in financial accounts, for example, or
other mechanisms in accordance with the powers entrusted to it, and concerted all efforts to reach an effective arbitration.
It is hoped that after Parliament voted on the accession of the Republic of Iraq to the 1958 New York Convention, it will also vote on the new arbitration bill, especially since there is a tendency on the part of the Iraqi legislator to introduce laws that flirt with investors as a step to attract investment in Iraq, and welcome the idea of submitting the dispute to Arbitration, which is embodied in Investment Law No. (13) of 2006 and Government Contract Execution Law No. 2 of 2014. In order to activate this step and in order to increase the effectiveness of arbitration in Iraq, it is necessary to open arbitration centers similar to the neighboring Arab countries, such as the Arabian Gulf arbitration centers or the Egyptian arbitration center.