On June 1, 2026, the new Arbitration Rules (the “Rules”) of the International Chamber of Commerce (“ICC”) entered into force, introducing a series of reforms aimed at improving procedural efficiency, streamlining case management, and adapting arbitration proceedings to technological developments.
What changes do the new Rules introduce?
Below is a brief overview of the main changes:
- Removal of the mandatory Terms of Reference: The Terms of Reference are replaced by a mandatory Case Management Conference (“CMC”), which must be held within 30 days after the file is transmitted to the arbitral tribunal. Thereafter, no party may introduce new claims without authorization from the arbitral tribunal.
- Creation of the Highly Expedited Arbitration Provisions (“HEAP”): Disputes may be resolved by a sole arbitrator, who must convene a Case Management Conference within 7 days of receiving the file. The final award must be rendered within three months from such conference. This procedure requires the express agreement of all parties.
- Expansion of the Expedited Procedure: The threshold for the automatic application of the Expedited Procedure has been increased to USD 4 million.
- Early Determination mechanism: Any party may request that the arbitral tribunal issue an early determination regarding one or more claims or defenses where such claims are manifestly without merit or manifestly outside the tribunal’s jurisdiction, without the need to conduct a full proceeding. The arbitral tribunal shall determine, at its discretion, whether the application will proceed. If admitted, the tribunal may adopt any procedural measures it deems appropriate after consulting the parties.
- Emergency Arbitrator: The 2026 Rules expressly recognize the authority of the emergency arbitrator to issue Preliminary Orders aimed at preventing a party from frustrating the purpose of an application before an interim measure can be decided.
- Hybrid Hearings: Tribunals are now granted broad discretion to conduct hearings in person, fully virtually, or in hybrid format, even without the parties’ express agreement, provided the parties are consulted beforehand.
- New disclosure obligations: When submitting their request or initial pleading, each party must provide the Secretariat with a list of persons and entities that potential arbitrators should consider for purposes of conflict-of-interest disclosures, thereby shifting part of this responsibility to the parties themselves.
- Removal of the six-month deadline for final awards: The previous six-month deadline for rendering the final award has been eliminated. The President of the Court will now determine the applicable timeframe based on the procedural calendar or upon a reasoned request by the tribunal.
- Governance and fee-related changes: The Rules introduce amendments to the ICC Court governance structure, including new powers granted to the President to suspend members who violate the Rules or compromise institutional integrity. Additional criteria are also incorporated for determining tribunal fees, including the quality of the draft award and whether the proceedings concluded before the final award was issued.
Why is this important?
The ICC Rules 2026 represent a significant modernization of the procedural framework governing international arbitration. The removal of mandatory Terms of Reference, the introduction of the HEAP mechanism, and the codification of early determination procedures respond to concrete demands from the business community for faster, more cost-effective, and more flexible proceedings. Parties drafting arbitration clauses or managing international disputes should assess the impact of these changes on their contracts and dispute resolution strategies.
Entry into force:
The ICC Rules 2026 entered into force on June 1, 2026, and apply to all arbitrations commenced as from that date, unless otherwise agreed by the parties.
