ICC Arbitration Rules Effective 1 June 2026: Key Changes at a Glance

29 May 2026

The latest Arbitration Rules of the International Chamber of Commerce ("ICC") will enter into force on 1 June 2026 (the "2026 Rules") and will apply to arbitrations commenced after that date.

The updates are aimed at enhancing efficiency, clarity and usability, while ensuring that ICC arbitration continues to meet the needs of users worldwide.

What’s new in the 2026 Rules?

Terms of Reference no longer mandatory: Tribunals are no longer required to draw up Terms of Reference, which typically set out the parties' claims, the relief sought and the procedural framework for the arbitration. Many users viewed them as adding cost and procedural complexity without materially narrowing the dispute at such an early stage. However, parties may still agree to use them if they wish.
Early determination procedures: Parties can now apply for the early dismissal of claims or defences that are manifestly without merit or outside the tribunal’s jurisdiction, streamlining proceedings and saving time. This aligns ICC arbitration with many domestic legal systems and other arbitration rules that allow for early determination.
Highly Expedited Arbitration Procedure: A new opt-in process allows for the swift resolution of straightforward disputes, with a three-month timeline from the initial case management conference to the final award.
Expanded emergency arbitration: Emergency arbitrators are now empowered to issue preliminary orders, including ex parte orders, to prevent frustration of urgent applications. The 2026 Rules also broaden the scope of emergency arbitration to potentially cover parties for whom the President of the ICC Court is satisfied that an arbitration agreement "may exist".
Greater focus on arbitrator independence and impartiality: Enhanced disclosure requirements and new obligations for tribunal secretaries aim to bolster confidence in the arbitral process.
Other notable changes: These include a new Schedule of Fees, an express confidentiality obligation on arbitrators, and the ability for tribunals to deliberate virtually and to sign awards electronically.