The International Chamber of Commerce (ICC) has introduced a new set of arbitration rules, effective from 1 June 2026.
The new rules aim to enhance efficiency, clarity and usability to meet the changing needs of parties, reflect the evolution of arbitration practice and changing technological landscape. The new rules will apply to all requests for arbitration filed on or after 1 June 2026. ICC arbitration is a popular dispute resolution mechanism in many different types of agreements and so it is important for clients to understand the potential impact of the changes for existing and future arbitration agreements and, for future contracts whether to opt in / opt out of certain provisions at the time the arbitration clause is drafted.
The ICC’s 2026 Rules form part of a broader wave of institutional reform. The London Court of International Arbitration is currently reviewing submissions on updates to its 2020 Rules, with reported themes including fast-track procedures and AI guardrails, while the Singapore International Arbitration Centre updated its Rules in 2025, introducing streamlined procedures for lower-value matters and revised emergency arbitration and expedited procedure provisions. Together, these developments reflect institutions’ commitment to keeping arbitration a competitive and effective forum for cross-border disputes.
We have highlighted some of the most significant changes in the 2026 Rules.
Terms of Reference no longer a necessary step
The most significant procedural change in the 2026 Rules is the removal of mandatory Terms of Reference (a document that defined the scope of the arbitration, including the parties’ claims and issues to be determined). This has been a unique characteristic of ICC arbitrations, although arbitral tribunals retain the discretion to establish them where appropriate. This approach builds on the ICC’s experience of the Expedited Procedure Provisions (“EPP”) which were introduced in 2017, where Terms of Reference are not mandatory. To date, the ICC has administered more than 1,000 cases under the EPP with less than 25 using Terms of Reference.
The Case Management Conference (“CMC”), (which remains mandatory under the 2026 Rules) now takes on a more significant role. The CMC must now be held within 30 days of the tribunal receiving the file, and following the initial CMC, no new claims can be introduced without the tribunal’s authorisation. Parties must ensure their claims are set out as extensively as possible in the Request for Arbitration and Answer stages.
Expanded scope of Emergency Arbitration
The 2026 Rules expand the scope of Emergency Arbitration (“EA”) (a process by which urgent interim or conservatory relief can be sought prior to the arbitral tribunal being constituted), recognising that disputes frequently involve complex corporate structures and fact patterns. Arbitration agreements bind signatory parties to the agreement and their legal successors, for example in the event of a merger or restructuring. However, in addition to signatories and their successors, Emergency relief may now be sought against any party for which the President of the ICC Court is satisfied (based on the application for emergency measures) that a binding arbitration agreement may exist.
The 2026 Rules introduce the ability to seek preliminary orders within EA proceedings on an ex parte basis directing another party not to frustrate the purpose of the application. The 2026 Rules also enable the emergency arbitrator to modify or revoke a preliminary order in light of subsequent submissions.
Increased threshold for Expedited Procedure Provisions and introduction of Highly Expedited Arbitration Provisions
The EPP were initially introduced by the ICC in 2017 to increase efficiency in ICC proceedings and shorten the time frame from the date of the initial CMC to getting an award (within 6 months). The monetary threshold for the automatic application of the EPP has been increased to $4 million USD for claims brought under arbitration agreements finalised on or after 1 June 2026, acknowledging the rising value of international commercial disputes. This change will increase the range of disputes that are eligible for expedited arbitration and business may want to consider when contracts are being drafted whether to opt out / opt in to the EPP (depending on value) in the arbitration clause.
The 2026 Rules also introduce a new opt-in procedure for parties seeking an award within three months, the Highly Expedited Arbitration Provisions (“HEAP”).
HEAP applies regardless of the value of a dispute and is likely to be most suitable for less complex disputes, claims with a simple factual background or an aspect of a dispute that requires quick resolution regardless of the amount in dispute. Parties can opt-in to apply HEAP when drafting the arbitration agreement, or after a dispute has arisen, by agreement between the parties. A sole arbitrator will decide disputes under HEAP and unlike other ICC Arbitration procedures, the parties may agree that no reasons are to be given in the final award.
Express early determination option
The 2026 Rules explicitly allow parties to apply for an early determination that a claim or defence is manifestly without merit or outside the jurisdiction of the arbitral tribunal, with the arbitral tribunal having discretion in granting such an application.
Codification of principles regarding conduct
The 2026 Rules codify two principles that had previously only been set out in the ICC’s Note to Parties and Arbitral Tribunal on the Conduct of the Arbitration: (i) that doubts about whether to disclose shall be resolved in favour of disclosure; and (ii) that disclosure does not, by itself, establish a lack of independence or impartiality.
Article 12(5) of the 2026 Rules introduces a mandatory obligation on the parties to identify persons and entities that they consider relevant to the arbitrator’s assessment of potential disclosure, which aims to reduce the risk of conflict issues arising later in proceedings.
The new rules explicitly impose a confidentiality obligation on arbitrators, noting that all matters relating to the arbitration must be kept confidential unless otherwise agreed upon, in the public domain, or required by law.
Other updates introduced
There are a variety of other noteworthy updates introduced by the 2026 Rules including a provision that written communications are to be made by electronic means; the provision that the President of the ICC Court can fix or extend the time limit for a final award; and the option for the arbitral tribunal to appoint a tribunal secretary to work under the arbitral tribunal and who will be held to all the same ICC standards as an arbitrator.
Although the ICC considered introducing default confidentiality for ICC arbitrations, it ultimately decided against this. However, under the 2026 Rules the tribunal may make an order at the request of any party concerning the confidentiality of the arbitration proceedings or other connected matters.
Comment
The focus on streamlining and improving existing procedures and provisions and enhancing effective case management is generally to be welcomed. International dispute resolution remains more relevant than ever and businesses are increasingly faced with cross-border disputes. International arbitration is often the mechanism of choice to resolve cross-border disputes quickly and effectively and it is hoped that new rules will allow tribunals to resolve time sensitive disputes efficiently and to meet the evolving needs and expectations of parties.
Contact us
For more information in relation to the 2026 rules and how they may impact on your business, international arbitration or ADR more generally, please reach out to April McClements, Aisling Kavanagh, Angela Brennan, Ruadhán Kenny or your usual Matheson contact.
Visit our Disputes and Investigations and Arbitration and Alternative Disputes Resolution pages to stay up to date with the latest updates, articles and briefing notes.