Filing a civil claim in Baghdad: Rusafa or Karkh

In briefSince Decree No. 167 of 1999, Baghdad has been split between the Rusafa appeal presidency for courts east of the Tigris and the Karkh appeal presidency for courts to the west. Choosing the court starts from the territorial rules in articles 36 to 41 of the Civil Procedure Law: the location of the property for real rights; the defendant's domicile, or where the obligation arose or is performed, for debts; and the head office for a legal person. Filing in the wrong place is cured by transfer, not dismissal, provided the objection is raised in time.

Anyone about to sue in Baghdad meets a practical question first: which court? Baghdad is not one appeal region but two. This page explains how the question is answered from Civil Procedure Law No. 83 of 1969 and from the instruments that drew the capital's court map. The Law Office of Ali Barakat is in al-Yarmouk, on the Karkh side, and handles claims in courts on both banks.

Why there are two presidencies

The Judicial Organisation Law No. 160 of 1979 originally created a single court of appeal for the Baghdad region, and allowed appeal courts to be abolished or created by decree. Using that power, Decree No. 167, published in Official Gazette issue 3791 on 13/9/1999, abolished the Baghdad region court and put two in its place:

Baghdad/Rusafa appeal region: the courts of Baghdad and of the administrative units lying east of the Tigris.
Baghdad/Karkh appeal region: the courts of Baghdad and of the administrative units lying west of the Tigris.

So the river is the general dividing line. But the attachment of each individual court, and the area it covers, comes from the statement that formed it. The House of Justice in Hay al-Shaab, for instance, was attached to the Rusafa presidency and covers Hay al-Shaab, Hay al-Baida and Hay Ur, while the House of Justice in Tarmiyah district was attached to the Karkh presidency. A glance at the map is therefore not enough; check the court's formation statement or ask its registry.

Step one: where must the claim be brought at all?

The Rusafa/Karkh split does not replace the rules on territorial jurisdiction; it comes after them. The first question is which place the law connects to your claim.

A real right over immovable property goes to the court where the property lies, and where several properties are involved, to the court of any one of them (article 36). A claim about a house in Karrada belongs in the Rusafa courts even if both parties live in Mansour.
A debt or movable property gives more choice: the court of the defendant's domicile, of their centre of business, of the place where the obligation arose, of the place of performance, or of the place the parties chose (article 37(1)). With several defendants and a single or connected claim, the residence of any one of them is enough (article 37(2)).
A company or other legal person is sued where its main administrative office is; a dispute arising from dealings with a branch may also be brought in the branch's court (article 38).
Bankruptcy goes to the court of the debtor's shop or main place of business (article 39).
A defendant with no domicile or residence in Iraq is sued in the court of the claimant's domicile; if the claimant has none in Iraq either, in the courts of Baghdad city (article 41).

Step two: placing that location on the right bank

Once you know the place the law attaches to the claim, check which bank it is on and which first-instance court or House of Justice covers it. Three points from practice:

A forum clause in the contract helps in debt claims, because article 37 lists the agreed place as an option. If you want the Karkh courts, for example, name the court or district clearly instead of writing "the Baghdad courts".
Domicile is shown by identity papers and by the actual home address, and service is made there. An old address in the contract can point to a court whose area the defendant has since left.
A company with branches can be sued in a branch's court where the dispute grew out of dealings with that branch, which may make the other bank a legitimate choice.

What if the claimant picks the wrong court?

A wrong venue does not destroy the right, but it costs time. Under article 74 the defendant must object to territorial jurisdiction before addressing the merits, or lose the objection. If the court rules that it lacks jurisdiction, article 78 obliges it to send the case to the competent court, keeping the court charges already paid, and to give the parties a date no more than fifteen days away to appear there. The same claim cannot be pending in two courts; if it is, the earlier petition stands and the later one is struck out (article 76).

Legal basis and sources

Frequently asked questions

I live in Adhamiya and my debtor lives in Hay al-Jamia. Where do I file a debt claim?

The starting point is the defendant's domicile, which is on the Karkh side, unless article 37 gives you another place, such as where the obligation is to be performed or a court agreed in the contract.

The dispute concerns property in Kadhimiya and I live in Baghdad al-Jadida. Where?

In the court whose area includes the property, because article 36 ties claims over real rights to the property's location.

I filed on the wrong bank. Will the claim be dismissed?

No. It is transferred to the competent court with the charges kept, under article 78, once the objection is raised or the court decides the point.

Always check the text in force and its amendments in the official source.

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Where to file a claim in Baghdad: the Rusafa courts or the Karkh courts?