The legal construction for the International Chamber of Commerce arbitration in resolving corporate conflict

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Haneen Mansour Almansour ORCID logo, Mahmoud Ismail ORCID logo

https://doi.org/10.22495/clgrv6i1p9

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Abstract

The International Chamber of Commerce (ICC) is a private international non-governmental organization that provides its services to the international trade sectors (Wetter, 1985). Further, the ICC supervises its arm known as the International Court of Arbitration, which is an independent arbitral institution, affiliated with the ICC, which administers arbitration proceedings following the arbitration rules of the ICC but without adjudication of disputes as the adjudication of disputes is the jurisdiction of the arbitral tribunal. Yet, we have two problematic issues that the research treats: the confusion in the nomenclature and competencies between the components and units of the ICC during its practice of arbitration to settle corporate conflicts; while the second issue is that the basic elements of the arbitration process at the ICC based on its arbitration rules is not clear. Hence, the research approached these two issues in a direct presentation of the reality of arbitration at the ICC. The research emphasized the new modifications of the ICC arbitration system that resolve both above problematic issues.

Keywords: Corporate, Conflict Resolution, International Chamber of Commerce, Arbitration, Corporation Rights, Emergency Arbitrator

Authors’ individual contribution: Conceptualization — N.M.A. and M.I.; Methodology — M.I.; Validation — H.M.A.; Formal Analysis — H.M.A.; Resources — M.I.; Writing — Original Draft — H.M.A.; Writing — Review & Editing — M.I.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: H11, K40, K49

Received: 01.07.2023
Accepted: 01.04.2024
Published online: 05.04.2024

How to cite this paper: Almansour, H. M., & Ismail, M. (2024). The legal construction for the International Chamber of Commerce arbitration in resolving corporate conflict. Corporate Law & Governance Review, 6(1), 85–93. https://doi.org/10.22495/clgrv6i1p9