ICC Releases New 2026 Arbitration Rules: Key Changes Effective 1 June 2026

The International Chamber of Commerce (ICC) has released its revised 2026 Arbitration Rules (the 2026 Rules), which entered into force on 1 June 2026. The revisions represent a significant update to the 2021 ICC Rules (the 2021 Rules) and reflect a clear institutional focus on efficiency, procedural flexibility, and expedited dispute resolution.

The reforms modernize several core aspects of ICC procedure while preserving hallmark features of ICC arbitration, including institutional scrutiny of awards and robust case management oversight by the ICC Court (the Court). The 2026 Rules will apply to all ICC arbitrations commenced on or after 1 June 2026, subject to the specific terms of the parties’ arbitration agreement.

Key Changes

Terms of Reference Are No Longer Mandatory

One of the most significant procedural reforms is the removal of mandatory Terms of Reference (TOR) in standard ICC arbitrations. Under the 2021 Rules, ICC tribunals were required to prepare a TOR shortly after constitution of the tribunal — a process that defined the scope of the dispute and the procedural framework. That requirement has been eliminated, although tribunals maintain the discretion to establish them when useful.

Under the 2026 Rules, the tribunal must hold an initial case management conference (CMC) within 30 days of receiving the case file, meaning that the initial CMC replaces the TOR as the primary procedural milestone. Following the CMC, no new claims may be introduced without the tribunal’s authorization.

New Highly Expedited Arbitration Provisions

The 2026 Rules introduce an entirely new opt-in mechanism: the Highly Expedited Arbitration Provisions (HEAP). Key features of the HEAP include:

• Rapid CMC: The tribunal must hold the initial CMC within seven days of receiving the file.
• Sole arbitrator: The dispute is decided by a sole arbitrator. If the parties do not jointly nominate the arbitrator within 20 days, the Court appoints one that it considers suitable.
• Front-loaded pleadings: The Request for Arbitration (RFA) must include a full Statement of Claim and the Answer must be submitted by the respondent within 30 days of the RFA and include a Statement of Defense and a Statement of Counterclaim, if any. Both the RFA and the Answer must be supported by evidence and legal authorities.
• No joinder or consolidation: Joinder of additional parties and consolidation of two or more arbitrations are not permitted.
• No time limit extensions: Unless agreed by the parties, no extensions of the time limits are permitted.
• Optional reasoned award: Parties may agree on an unreasoned award.
• Exit mechanism: The HEAP will cease to apply if the parties agree to discontinue them, or where the Court — after consultation with the parties and tribunal — considers it appropriate to replace or reconstitute the tribunal without it.   
• Option to dispense with hearings: Hearings or examinations of witnesses or experts may be dispensed with entirely at the tribunal’s discretion. In consultation with the parties, the tribunal may decide the case based entirely on the submitted documents.
• Three-month award deadline: The tribunal is required to deliver a final award within three months of the initial CMC.

The HEAP apply on an opt-in basis. Unlike other expedited procedures, it does not depend on the amount in dispute, but rather on the parties’ agreement to proceed under this mechanism.

Increased EPP Threshold Amount

The 2026 Rules revise the monetary threshold for automatic application of the Expedited Procedure Provisions (EPP). The EPP Threshold Amount is:

• USD 2 million if the arbitration agreement was concluded on or after 1 March 2017 and before 1 January 2021.
• USD 3 million if the agreement was concluded on or after 1 January 2021 and before 1 June 2026.
• USD 4 million if the agreement was concluded on or after 1 June 2026.

The preexisting EPP are distinct from the new HEAP. While both procedures are designed to streamline the arbitration process, the HEAP provide an even more accelerated framework. For example, under the EPP, the CMC must be held within 15 days of the tribunal’s receipt of the file, and the final award must be issued within six months. In contrast, under the HEAP, the CMC must take place within seven days and the final award issued within three months. Additionally, the EPP may apply automatically if the dispute falls within the relevant threshold (unless the parties opt out), while the HEAP apply only if all parties opt in. These procedures nonetheless share certain features, including the use of a sole arbitrator and the possibility of deciding the dispute on a documents-only basis.

New Early Determination Mechanism

The 2026 Rules introduce a formal early determination procedure. While this procedure is described in the ICC 2021 Guidance Note, it was absent from the 2021 Rules. Per the revised Rules, a party may now apply for a ruling that a claim or defense is manifestly without merit or manifestly outside the tribunal’s jurisdiction.

The tribunal has discretion to allow the application to proceed and to adopt appropriate procedural measures in consultation with the parties. This mechanism provides parties with a new tool to streamline proceedings and achieve time and cost efficiencies by disposing of unmeritorious claims or jurisdictional objections at an early stage.

Emergency Arbitration Scope Broadened

The 2026 Rules expand the scope of emergency arbitration in two important respects:

• Emergency arbitration proceedings may now be initiated not only against signatories and their successors, but also against any party where the ICC Court president is “satisfied, based on information in the application, that an arbitration agreement binding that party may exist” (Appendix IV., Art. 1(2)). This responds to the complexity of multiparty and multi-contract disputes encountered across the 287 emergency arbitration applications filed since 2012.
• A party may now request an ex parte preliminary order directing another party not to frustrate the relief sought, which may be a critical tool in asset preservation or evidence protection scenarios. Once issued, the emergency arbitrator must promptly afford all other parties the opportunity to be heard and may modify or revoke the order based on subsequent submissions.

Revised Arbitrator Obligations

The 2026 Rules introduce meaningful changes to Article 12 (renumbered from Article 11 in the 2021 Rules) on arbitrator independence and impartiality and embed key disclosure standards previously contained only in the ICC’s Guidance Note.

• “When in doubt” principle codified: The 2026 Rules now confirm that any doubt about whether to disclose a potential conflict of interest should be resolved in favor of disclosure.
• Disclosure does not establish lack of independence: In an entirely new provision, the 2026 Rules assert that a disclosure does not, by itself, establish a lack of independence or impartiality.
• Parties must submit entity lists: Parties must now submit lists of persons and entities they believe arbitrators should consider for disclosure purposes, along with an explanation of the reasons. While this requirement shifts some disclosure burden to the parties and reduces the risk of late-emerging conflicts, ultimate responsibility for disclosure remains with the arbitrator.
• Arbitrator confidentiality codified: Arbitrators are now expressly subject to a confidentiality obligation, covering all matters relating to the arbitration proceeding unless the information is in the public domain, the parties agree otherwise, applicable law requires disclosure, or disclosure is necessary to protect a legal right.

Formal Regulation of Tribunal Secretaries

The 2026 Rules introduce a new provision formally regulating tribunal secretaries. Secretaries must satisfy the same independence and impartiality standards as arbitrators and execute a statement to that effect prior to appointment. Importantly, any financial arrangements for tribunal secretaries are governed exclusively through the tribunal. Direct fee arrangements between secretaries and parties are prohibited.

Increased Emphasis on Digitalization: Electronic Communications as the Default

The 2026 Rules make electronic communication the default mode of interaction with the ICC secretariat, reducing administrative friction and paper burden. Hard copy delivery remains available where a party requests confirmation of receipt or delivery for key filings.

Award procedures have also been modernized. In a new provision, tribunals are permitted to sign awards electronically and/or in counterparts and may request the ICC secretariat notify the award in paper or electronic format. Additionally, the tribunal may deliberate wherever it considers appropriate or in hybrid form or by videoconference, teleconference, or other form of electronic communication — an expansion from the 2021 Rules, which permitted deliberation only “at any location it considers appropriate.”

Enhanced Award Scrutiny

The Court’s award scrutiny function has been broadened. The Court will now consider the validity and enforceability of the award and the requirements of mandatory law at the place of the arbitration. The 2021 Rules referred only to “the requirements of mandatory law at the place of the arbitration” — the express reference to "validity and enforceability" is a new addition.

Updates to Final Award Time Limits

The long-standing default six-month time limit for issuance of the final award (running from signature of the TOR) has been modified . Under the 2026 Rules, the president of the Court can also fix or extend the time limit for rendering the final award by reference to the procedural timetable or a reasoned request from the tribunal. This revision appears to formalize existing practice, where extensions to the six-month period were often necessary. The 2026 Rules provide greater transparency and give parties a clearer basis for understanding when an award is likely to be issued.

Practical Implications

The 2026 Rules are likely to have several important practical consequences for parties and counsel, including but not limited to:

• Proceedings are expected to move faster at earlier stages, as the elimination of mandatory TORs should remove one source of procedural delay.
• The new HEAP mechanism provides an expedited route to a final, enforceable award within three months, but requires careful advance planning given the front-loaded pleading requirements and prohibition on time extensions, which may prove particularly challenging for claimants in cases where document disclosure is necessary to prove their case.
• Parties and counsel have new mandatory disclosure obligations — specifically, the obligation to submit entity lists at the time of filing — which will require immediate attention at the outset of any proceeding.
• The new Early Determination procedure provides parties with an additional procedural tool to address unmeritorious claims or jurisdictional challenges earlier in the process and more efficiently.

Looking Ahead

The 2026 Rules represent a meaningful evolution in ICC Arbitration: modernizing procedure, expanding available tools, and codifying best practices that had previously existed only in guidance. The developments present an opportunity for companies to consider their dispute resolution strategy moving forward, including:

• Reviewing existing and draft ICC arbitration clauses to determine whether they should specifically opt into or exclude the Highly Expedited Arbitration provisions, and whether any other amendments are warranted to account for changes in the 2026 Rules.
• Assessing the EPP threshold implications for new agreements, noting that the USD 4 million threshold will apply to all arbitration agreements subject to the ICC Rules concluded on or after 1 June 2026, unless the parties agree otherwise.
• Updating internal dispute resolution protocols to account for these changes.

Crowell would like to thank Grace Miner for her contribution to this alert.