A scientific article by the lecturer (Assistant Lecturer Fatima Makki) entitled “International Commercial Arbitration: A Mechanism for Resolving Disputes”

05/05/2025   Share :        
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Introduction<br /><br />With globalization and the increasing volume of international trade, the need for effective methods to resolve cross-border disputes has become more critical. International commercial arbitration has emerged as one of the most efficient and flexible alternatives to traditional litigation, offering a neutral, private, and enforceable process.<br /><br />⸻<br /><br />What is International Commercial Arbitration?<br /><br />International commercial arbitration is a legal mechanism used to resolve disputes arising between parties from different countries. It is based on an agreement—often included in the original commercial contract—whereby the parties choose to settle any future disputes through arbitration rather than national courts. A neutral arbitral tribunal is appointed to render a binding decision known as an arbitral award.<br /><br />⸻<br /><br />Advantages of International Arbitration<br /> 1. Neutrality and Independence:<br />Parties can appoint impartial arbitrators who are independent of any national legal system.<br /> 2. Speed and Flexibility:<br />Arbitration is typically faster than court proceedings, and parties can tailor procedures to suit their needs.<br /> 3. Confidentiality:<br />Arbitration proceedings are usually private, protecting business reputations and sensitive information.<br /> 4. International Enforceability:<br />Arbitral awards are recognized and enforceable in over 160 countries under the 1958 New York Convention.<br /><br />⸻<br /><br />Arbitration Procedure<br /><br />The arbitration process usually involves:<br /> • Arbitration Agreement (clause or submission agreement)<br /> • Constitution of the Arbitral Tribunal<br /> • Exchange of Written Submissions and Hearings<br /> • Issuance of the Final Award<br /> • Enforcement of the Award, if necessary, through local courts<br /><br />⸻<br /><br />Leading Arbitration Institutions<br /><br />Several institutions specialize in administering international arbitration, including:<br /> • The International Court of Arbitration (ICC)<br /> • The London Court of International Arbitration (LCIA)<br /> • The International Centre for Settlement of Investment Disputes (ICSID)<br /> • The Stockholm Chamber of Commerce Arbitration Institute (SCC)<br /><br />⸻<br /><br />Conclusion<br /><br />International commercial arbitration provides a reliable and effective way to resolve disputes in the global business environment. It strengthens trust between commercial partners and ensures that disputes can be resolved fairly, efficiently, and with legal certainty. As cross-border transactions continue to grow, the role of arbitration becomes increasingly essential.<br /><br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>