New 2026 ICC Arbitration Rules

The 2026 ICC Arbitration Rules are set to enter into force on June 1, 2026. They introduce significant updates aimed at improving the efficiency, transparency, and responsiveness of ICC arbitration.

The key innovations include:

Elimination of the Terms of Reference.

• The obligation to prepare the Terms of Reference in the standard arbitration procedure is eliminated. Instead, the arbitral tribunal must hold an initial case management conference (initial CMC) within 30 days of receipt of the file.
• New claims may not be raised after the initial CMC without authorization from the arbitral tribunal (previously, the deadline was the signing of the Terms of Reference).
• The time limits for rendering final awards must be set on a case-by-case basis, aligned with the procedural timetable. Previously, a predetermined six-month period was established for conducting the proceedings and issuing the final award, which in practice was rarely met in standard arbitrations.

Expedited Procedure and Emergency Arbitration.

• Expedited Procedure.
  • The threshold for automatic application is raised to US$4,000,000 for arbitration agreements entered into on or after June 1, 2026 (previously US$3,000,000 for agreements entered into on or after January 1, 2021).
  • Under this type of procedure, the time limit for rendering the final award remains at six months from the date of the initial CMC.
  • The Expedited Procedure Provisions do not apply if the arbitration agreement was entered into before March 1, 2017.
    
    
• Emergency Arbitration.
  • The scope of application is broadened. In addition to signatories to the arbitration agreement and their successors, it may now include any party with respect to which the President is satisfied that a binding arbitration agreement may exist.
  • The possibility of requesting Preliminary Orders is introduced, which may be decided without prior notice to all parties, in order to prevent the purpose of the emergency application from being frustrated.
  • The application of the emergency procedure is expressly excluded when the arbitration agreement arises from a treaty or an investment protection law (previously, only treaties).

New: Highly Expedited Arbitration.

• An entirely new procedure is introduced, requiring the agreement of all parties.
• The dispute is resolved by a sole arbitrator.
• The final award must be rendered within three months of the initial CMC.
• The Request for Arbitration must also contain the statement of claim, and the Answer to the Request must include the statement of defense and, where applicable, the counterclaim.
• Joinder of additional parties and consolidation of proceedings are not permitted.
• The time limit for challenging the arbitrator is reduced to 7 days (compared to 30 days in the standard procedure).
• The parties may agree that the award need not contain reasons.

Early Determination

• Any party may request the arbitral tribunal to make an early determination of claims or defenses that are manifestly without merit or that are manifestly outside the tribunal’s jurisdiction.

Independence, impartiality, and disclosure by arbitrators.

• The duty of disclosure is strengthened. Any doubt on the part of an arbitrator as to whether a disclosure should be made must be resolved in favour of disclosure.
• It is expressly established that a disclosure does not, in and of itself, imply a lack of independence or impartiality.
• New obligation for parties. When filing their Request, Answer, or Request for Joinder, each party must submit to the Secretariat a list of persons and entities that the arbitrators should consider for the purposes of their disclosure obligations, stating the corresponding reasons.
• The obligation to disclose the existence and identity of third-party funders is maintained and strengthened.
• A confidentiality obligation is added to arbitrators with respect to all matters relating to the arbitration.

Other changes

• Electronic communications and signing of the award
  • Written communications with the Secretariat must be made by email or other electronic means, subject to limited exceptions.
  • After consulting with the parties, the arbitral tribunal may sign the award electronically, sign it in counterparts, and/or request that the Secretariat notify the award in electronic format.
  • It is expressly permitted for the tribunal’s deliberations to take place in a hybrid format or any electronic means.
    
    
• Tribunal Secretary
  • The role of a tribunal secretary is expressly incorporated into the body of the Rules. The secretary shall act under the direction and control of the arbitral tribunal, without the tribunal delegating its decision-making authority.
  • Tribunal secretaries must comply with the same requirements of independence, impartiality, and confidentiality as the arbitrators.
    
    
• Correction and interpretation of the award
  • The time limit for the arbitral tribunal to correct on its own initiative typographical or computational errors is extended from 30 to 45 days from notification of the award.

For further information, please contact:

• Martín Beretervide
• Ignacio Minorini Lima
• Francisco Camauer

This message is of a general informative nature and should not be considered as legal advice. In case you need professional assistance, please contact our experts.