The Role of Negotiation in the Settlement of Commercial Disputes in the International Chamber of Commerce
Keywords:
Negotiation, Commercial Dispute Resolution, International Chamber of Commerce, Mediation, ArbitrationAbstract
The settlement of international commercial disputes is one of the most significant concerns for economic actors and trade organizations, and various methods exist for managing such disputes. Among these, negotiation is recognized as one of the most effective and cost-efficient tools that can reduce the time and expenses arising from disputes while maintaining the commercial relationships between the parties involved. This article aims to examine the role of negotiation within the framework of the International Chamber of Commerce (ICC) and to analyze its advantages, limitations, and challenges. The research method of this study is based on library analysis and a review of ICC documents and regulations, while also examining practical cases of dispute resolution through negotiation. The findings indicate that negotiation, in addition to its preventive role, is highly effective in reducing tensions and facilitating win–win agreements; however, limitations such as the absence of legal enforceability and challenges related to cultural and power imbalances also influence its outcomes. Finally, the article proposes several strategies to enhance the effectiveness of negotiation in international dispute resolution, including negotiation skills training, the use of modern technologies, and the integration of negotiation with complementary methods such as mediation. This study underscores the importance of negotiation in safeguarding the legal and economic security of international trade.
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Copyright (c) 2026 Hossein Khadem-al-Shariah Lahijani, Jamshid Asgarramaki, Meysam Eslami (Author)
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