Introduction
The International Chamber of Commerce’s (ICC) new Rules of Arbitration (the “2026 Rules”) came into force on 1 June 2026, replacing the previous rules (the “2021 Rules”). The 2026 Rules apply to arbitrations commenced on or after 1 June 2026.
The 2026 rules were introduced to enhance efficiency, clarity and usability in ICC arbitrations. While the 2026 Rules include some novel changes to procedure, many of the amendments made between 2021 and 2026 codify already established principles and practice, reflecting the way ICC arbitration has already developed and aligning the ICC Rules with those of other arbitration institutions such as the Singapore International Arbitration Centre (SIAC).
We[1] discuss below a non-exhaustive list of some of the key changes in the 2026 Rules.
Written communication (Article 3)
Article 3(1) states that written communications to the Secretariat are to be sent electronically, with hard copies of the Request, Answer and any Request for joinder reserved for situations where the party filing such submission requests transmission against receipt, registered post or courier or if electronic transmission is not practicable.
Arbitrator disclosure and confidentiality (Article 12)
While prospective arbitrators remain under the same disclosure obligations, Articles 12(2) and 12(4) codifies the pre-existing principles outlined in the ICC’s 2021 “Note to Parties and Arbitrators on the Conduct of Arbitration into the ICC Rules” (the “2021 Note”). Accordingly, the 2026 Rules provide that where a prospective arbitrator has any doubt as to whether they should make a disclosure that doubt must be resolved in favour of disclosure (Article 12(2)). Consistently with the 2021 Note, the 2026 Rules now also state that a disclosure itself does not establish a lack of independence or impartiality (Article 12(4)).
One for practitioners to be aware of is the introduction of Article 12(5). In order to “assist” prospective arbitrators and arbitrators, under the new Article 12(5) at key junctures in the proceedings (i.e. during the submittal of their respective Request, Answer, Request for Joinder, Answer to a Request for Joinder or request for an extension of time for submitting an Answer) parties are now required to submit a list of persons and entities they believe to be relevant to assessing an arbitrator’s disclosure, providing reasons for the consideration.
The ICC have stated that this obligation does not displace the burden of disclosure from the prospective arbitrator or arbitrator, and on the face of the 2026 Rules this appears to be correct. However, it is difficult to see how this requirement could not be considered to be pushing some of this burden towards the parties. It will be interesting to see how this obligation will work in practice – for instance could a party’s failure to list a person or entity in its list(s) be relied on by a potential arbitrator or arbitrator as a reason for failing to make a disclosure?
Finally, Article 12(8) closes a lacuna by providing that tribunals are obliged to keep confidential all matters relating to the arbitration unless otherwise in the public domain, agreed by the parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations.
Removal of mandatory Terms of Reference (Articles 24 and 25)
One of the most significant changes to the 2026 Rules is the removal of the requirement to prepare Terms of Reference (“ToR”). Instead, the Case Management Conference (“CMC”) – which remains mandatory under Article 24 – shall be held to outline the procedural measures and claims the parties seek to establish.
Under Article 24(1), the CMC must now be held within 30 days of the Secretariat receiving the file. Further, the details of claims made will be referenced to how they were described in the CMC, as the ToR will no longer be the point of reference. This makes the CMC, and Procedural Order No. 1 (“PO1”), more significant features. The removal of a mandatory ToR is laudable and reflects the already diminishing significance of the ToR. The change will hopefully accelerate case management.
Early determination (Article 30)
The 2026 Rules codify and clarify a principle which had previously only existed in the 2021 Note. Parties may now apply for an early determination of claims or defences which are “manifestly without merit” or fall outside the tribunal’s jurisdiction, to be judged at the arbitrator’s discretion (Article 30(2)).
Time limit for the final award (Article 34)
With the ToR becoming optional, the time limit for rendering the final award is now to be fixed by the President of the ICC Court (pursuant to Article 34). This replaces the 2021 Rule that the time limit for rendering the final award was within six months from the signing of the ToR. Practically the supposed “six-month” time limit is usually extended in arbitration cases. The change in rule therefore reflects common practice.
Emergency arbitration (Appendix IV)
Pursuant to Article 1(2) of Appendix IV, emergency arbitrator proceedings can now be initiated against any party, where the President is satisfied (upon considering evidence) that “an arbitration agreement binding such a party may exist”. This extends the application of emergency arbitrations beyond parties that are signatories to the arbitration agreement.
Further, Article 7(1) of Appendix IV, recognises and codifies preliminary orders, stipulating that parties can request them without notice to other parties where necessary (however the arbitrator must give the respective parties the opportunity to present their case in return). This change ensures a fast-moving and effective use of preliminary orders.
New threshold for Expedited Procedure Provisions (Article 1(3) of Appendix V)
For arbitration agreements concluded on or after 1 June 2026, the Expedited Procedure Provisions (“EPP”) shall apply by default to agreements where the amount in dispute is up to and including US$4 million, thereby establishing a further tier to the previous threshold of US$3 million for agreements concluded after 1 January 2021 (Article 1(3) of Appendix V).
This change reflects the increasingly popular use of the EPP, established in 2017, a system which enables more efficient case management and procedure. Disputes that are subject to the EPP require no ToR, are appointed a sole arbitrator, and are issued a final award within six months of the CMC (Appendix V, 2026 Rules). This cost-efficient, streamlined system has been adopted by other arbitral institutions – which may be taken as evidence that rollout of the EPP has been successful. The additional tier will subject a greater proportion of cases to EPP by default; however, parties still retain the ability to opt in or out of the EPP, regardless of the value of the dispute.
Introduction of Highly Expedited Arbitration Provisions (Article 33 of Appendix VI)
The addition of Highly Expedited Arbitration Provisions (“HEAP”), a further expedited arbitral process, marks a novel change in the ICC Rules, setting the 2026 Rules apart from previous editions. Under Article 33, parties may now opt in to HEAP, regardless of the value of the claim. The key features of HEAP are as follows:
- disputes are decided by a sole arbitrator, to be decided by the court 20 days after the respondent’s receipt of the Request and Statement of Claim, if the parties have not jointly nominated one (Article 4 of Appendix VI);
- CMCs are to be held within 7 days of the Secretariat’s receipt of the file (Article 6(1) of Appendix VI);
- the arbitral tribunal may choose to limit the number of written submissions and witness evidence (Article 6(2) of Appendix VI);
- the tribunal may decide the dispute based on the parties’ documents, with no hearing or witness examination (Article 6(3) of Appendix VI); and
- the arbitral tribunal must render the final award within three months from the first CMC (Article 7(1) of Appendix VI).
These features illustrate the ICC’s commitment to providing faster, cheaper dispute resolution for less complex cases by building on the popularity of the EPP. Article 7(1) of Appendix VI also demonstrates how the 2026 Rules follow recent rule evolution in other arbitral institutions, such as the new 2025 SIAC Rule 13, Schedule 2, which offers a “Streamlined Procedure” for low complexity disputes where awards are to be made within three months of the constitution of the Tribunal.
Conclusion
The 2026 Rules aim to make ICC arbitration faster and therefore more cost-efficient, marking a concerted effort by the ICC to evolve and consider current practice.
[1] With thanks to Peony Reece.