Judicial Jurisdiction in Disputes Arising from International Electronic Contracts: A Comparative Study Between Iraqi and Iranian Law

Abstract

This article examines judicial jurisdiction in disputes arising from international electronic contracts through a comparative study of Iraqi and Iranian law. The expansion of electronic commerce has weakened the adequacy of traditional jurisdictional connecting factors such as domicile, place of contract formation, and place of performance, because electronic contracts are often concluded through digital platforms, automated systems, and cross-border data exchanges. The study adopts a comparative-analytical method to evaluate how Iraqi and Iranian legal systems respond to jurisdictional challenges created by electronic contracting. The article argues that although traditional rules remain relevant, they must be adapted to the realities of cyberspace. In both legal systems, jurisdiction should not be based merely on website accessibility, server location, or incidental data routing. Instead, courts should focus on substantial connection, deliberate targeting of the forum market, electronic performance, reasonable foreseeability, valid electronic consent, and protection of weaker parties. The study finds that Iranian law has a relatively clearer statutory basis for recognizing electronic communications through its Electronic Commerce Law, whereas Iraqi law requires stronger integration of electronic transaction principles into jurisdictional analysis. However, both systems still lack comprehensive and explicit rules for international electronic jurisdiction. The article concludes that Iraqi and Iranian law should develop a balanced jurisdictional framework that respects party autonomy in commercial contracts, scrutinizes unfair forum-selection clauses in consumer contracts, recognizes reliable electronic evidence, and avoids excessive assertions of jurisdiction based on purely technical digital contacts. Such reform would enhance legal certainty, improve access to justice, and support the growth of cross-border electronic commerce.