New ICC Rules: Five Key Changes in the 2026 Revision

The International Chamber of Commerce (ICC), one of the leading institutions in the field of dispute resolution, has issued the 2026 revision of its Arbitration Rules, which will enter into force on June 1, 2026 and will apply to arbitrations commenced on or after that date, unless otherwise agreed by the parties. The previous revision of the Rules had been introduced in 2021. The new 2026 Rules—currently available in English—and a comparison with the 2021 version are available on the ICC website.

The reform introduces changes primarily aimed at enhancing procedural efficiency, strengthening case management tools, and aligning the Rules with contemporary arbitral practice, with a particular focus on flexibility, digitalization, and procedural streamlining. Key features include the removal of the mandatory Terms of Reference, the introduction of early determination mechanisms, and the creation of a new highly expedited procedure.

1. The Terms of Reference are no longer mandatory

One of the most significant changes is the removal of the mandatory nature of the Terms of Reference in ICC arbitrations. Historically, this document has been one of the defining features of ICC arbitration and had served to define the parties’ claims and the scope of the dispute. The revision is intended to streamline the early stages of the arbitration and reflects the experience under the Expedited Procedure, where the Terms of Reference were already not required.

At the same time, the case management conference assumes greater importance. The new Rules provide that it must be held within 30 days of the transmission of the file to the arbitral tribunal and that, once held, no party may introduce new claims without the tribunal’s authorization. The Rules also expressly recognize the possibility of holding additional case management conferences where this may contribute to the efficient conduct of the proceedings.

2. Introduction of early determination

The new article 30 expressly introduces the possibility for a party to request the early determination of one or more claims or defenses where they are manifestly without merit or are manifestly outside the jurisdiction of the arbitral tribunal. The tribunal retains discretion to decide whether to accept such requests and how to conduct the corresponding procedure and may adopt any procedural measures it considers appropriate after consulting the parties.

3. Changes to the Expedited Procedure and introduction of Highly Expedited Arbitration

The 2026 revision introduces two noteworthy developments in relation to expedited proceedings. First, it introduces a new Highly Expedited Arbitration regime, applicable exclusively by agreement of the parties, whether in the arbitration clause or after the dispute has arisen. This regime provides for a particularly streamlined structure, with shorter deadlines, a sole arbitrator, restrictions on joinder and consolidation, and broad powers for the arbitrator to conduct the proceedings. The final award must be rendered within three months from the case management conference. The Rules also contemplate the possibility for the parties to agree to an unreasoned award.

Second, the Rules increase the threshold for the automatic application of the Expedited Procedure to USD 4,000,000 for arbitration agreements concluded on or after 1 June 2026, while maintaining the previous thresholds for earlier agreements.

This change expands the scope of disputes that may fall within the Expedited Procedure, without prejudice to the parties’ ability to opt in or out depending on the nature and complexity of the case. Its key features remain unchanged, including the appointment of a sole arbitrator, procedural flexibility, the possibility of deciding the case on a documents-only basis, and a shortened timeframe for rendering the award.

4. Emergency arbitration

The Rules expand the scope of emergency measures, which may be sought not only against parties that are signatories to the arbitration agreement and their successors, but also against parties with respect to whom a binding arbitration agreement may exist on a prima facie basis.

They also expressly recognize the possibility of issuing preliminary orders without prior notice to the opposing party where necessary to preserve the effectiveness of the requested relief, subject to subsequent safeguards relating to the right to be heard.

5. Independence, impartiality and confidentiality

The Rules maintain the disclosure standard applicable to arbitrators, but incorporate into the text two clarifications that were previously set out in the Note to Parties, the ICC’s practical guidance on the application of the Rules: in case of doubt as to whether a disclosure should be made, the arbitrator should resolve to disclose, and disclosure in itself does not imply a lack of independence or impartiality.

A new obligation is introduced for the parties, who must provide the Secretariat with a list of persons and entities they consider relevant for the purpose of identifying potential conflicts, together with the reasons for their inclusion.

With respect to confidentiality, the new article 12(8) expressly provides that arbitrators shall keep confidential all matters relating to the arbitration, subject to certain exceptions.

Other relevant changes

The 2026 revision also introduces adjustments relating to electronic communications, electronic signatures of awards, the joinder of additional parties, tribunal secretaries, and the continuation of truncated tribunals following the death or removal of an arbitrator.

The revision also eliminated the fixed six-month time limit for rendering the final award, granting the President of the Court greater flexibility to set the relevant deadline based on the procedural timetable and the characteristics of the case. The time limit for requesting corrections to awards is extended to 45 days, the cost framework is updated, and the appendix on case management techniques is replaced by guidance notes issued by the Secretariat, allowing for greater flexibility in their update.
 

Conclusion

Rather than introducing a structural overhaul of the system, the 2026 revision further develops trends that had already been consolidating in international arbitral practice, particularly in terms of efficiency, procedural flexibility, and digitalization.

Within this framework, the amendments modernize several features of ICC arbitration, strengthening efficient case management, expanding mechanisms for expedited resolution, and providing greater flexibility to tailor the proceedings to the specific characteristics of each dispute.

The removal of the mandatory Terms of Reference, the introduction of the new Highly Expedited Arbitration, and the express codification of mechanisms such as early determination reflect this approach, while preserving the fundamental principles and overall structure of the ICC Arbitration Rules.