Jurisdiction would be the pressing issue in that specific case. I do not believe bases were sovereign at that time, and as the parties are not military they would not be prosecutable under the UCMJ. I am not certain on the process to charge someone with a crime while in a different country and outside US jurisdiction.

I am not making excuses for KBR, but I do not know how else a corporation can protect itself from the actions of its employees in a scenario where jurisdiction is not enforceable in its host country. In other words what court would have heard this case, presumable it would have been Iraqi, in which case she would have had a much more difficult case.

Sorry if this was a ramble, but the issue is very complex and has little to do with arbitration requirements, and more to do with vague international prosecution policies inside a war zone.