A Guide to Contracting with the Iraqi Government, Construction & Supply Contracts

Analysis

The Iraqi government is the most prominent business partner in the Iraqi market. To date most of the money flows from public sources. As such it is essential for a foreign entity doing business in Iraq to know the general guidelines for submitting offers, acceptance criteria and contract formation procedure.

In particular this article will attempt to address the following issues.

• What expenses\guarantees are requited to submit an offer?

• What legal presence is required to sign contracts, for foreign entities?

• What penalties can be imposed by the government with regard to public contracting?

• How to handle disputes arising before or during contract formation, esp related to public biding and offer acceptance?

• What are the available Mechanisms for dispute resolution after contract formation? Mediation, Arbitration, litigation?

• In what language(s) are contracts written? which one prevails in case of difference in interpretation?

• What's the definition of “special circumstances” or force majeure effecting timely performance. Can security problems in Iraq excuse non-performance?