The International Chamber of Commerce (ICC) has published its 2026 ICC Arbitration Rules which came into force on 1 June 2026. These updates aim to improve procedural efficiency and clarity in the arbitral process while preserving the flexibility, neutrality and procedural integrity that underpin ICC arbitrations. 

This article will focus on the key changes and their significance on the ICC arbitration landscape. 

Terms of Reference

One of the most notable changes under the 2026 ICC Arbitration Rules is the removal of the mandatory Terms of Reference (TOR).

The mandatory TOR had long been a defining feature of previous editions of the ICC Rules. It played a central role in delineating the scope of the dispute and identifying the issues to be determined. However, the ICC recognised that its practical utility has diminished over time. The process of preparing the mandatory TOR has increasingly been viewed as time-consuming and potentially detrimental to procedural efficiency of the arbitral proceedings. Its removal therefore reflects a shift toward a more streamlined and flexible case management approach.

In place of the mandatory TOR, the initial case management conference (CMC) assumes greater importance as the primary forum for defining the scope of the dispute [1]. Notably, parties are not permitted to introduce new claims after the initial CMC without the authorisation of the arbitral tribunal [2]. In determining whether to grant such authorisation and allow new claims after the initial CMC, the arbitral tribunal must consider the following: 

(i) the nature of the new claims; 

(ii) the stage of the arbitral proceedings; 

(iii) cost implications; and 

(iv) any other relevant circumstances 

Expedited Procedure 

The 2026 ICC Arbitration Rules have introduced two key enhancements to the provisions on Expedited Procedures. 

First, the monetary threshold for the Expedited Procedure has been increased from USD 3 million to USD 4 million if the arbitration agreement is concluded on or after 1 June 2026 [3]. This adjustment expands the range of disputes eligible for expedited proceedings and reflects the ICC’s recognition of the growing effectiveness of expedited arbitration in higher value disputes. 

Second, the 2026 ICC Arbitration Rules have introduced a new “Highly Expedited Arbitration Provisions” (HEAP) framework [4]. This is strictly an opt-in procedure and features an even shorter timetable with the arbitral tribunal expected to render a final award within three months from the date of the initial CMC. The ICC notes that it is likely most suitable for lower-complexity commercial disputes, claims with a simple factual matrix, or a distinct aspect of a dispute that requires swift resolution. The HEAP framework is also not intended for procedurally complex disputes. 

Emergency Arbitrator

The 2026 ICC Arbitration Rules have introduced new provisions to the Emergency Arbitrator procedure. 

While the previous 2021 ICC Arbitration Rules provided that the Emergency Arbitrator procedure applied only to “parties that are either signatories of the arbitration agreement… or succcessors to such signatories“, the scope has now been extended to “any party for which the President is satisfied, based on information in the Application, that an arbitration agreement binding such party may exist” [5]. 

A new mechanism has been also introduced where a party may request for preliminary orders within the Emergency Arbitrator proceedings to direct the other party not to frustrate the purpose of the Emergency Arbitrator application [6]. This request can be taken on an ex parte basis as the ICC recognises that there may be circumstances where prior notification may undermine the effectiveness of the relief sought (for example in cases involving potential asset dissipation or destruction of evidence). If a preliminary order is granted, the Emergency Arbitrator must allow all other parties a reasonable opportunity to present their case and retains the power to modify or revoke such order. 

Early Determination

The 2026 ICC Arbitration Rules have introduced a provision to allow a party to apply to the arbitral tribunal for an early determination that one or more claims or defences are manifestly without merit or manifestly outside the arbitral tribunal’s jurisdiction [7]. This formalises the guidance in ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration already existing prior to the 2026 updates to the ICC arbitration rules. 

Enhancing Arbitrator Disclosure

The independence and impartiality of arbitrators are core tenents of international arbitration. 

Prior to the 2026 updates to the ICC arbitration rules, the ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration contained two principles regarding the disclosure framework – (i) any doubt as to whether a disclosure should be made must be resolved in favour of disclosure and (ii) a disclosure does not imply a lack of independence or impartiality. The 2026 ICC Arbitration Rules have now incorporated these two principles to encourage prompt and full disclosure of the facts and circumstances in relation to concerns over the arbitrator’s independence or impartiality [8]. 

The elevation of these principles to the level of arbitration rules aims to reinforce the integrity and transparency of the arbitration process. The ICC believes the revisions in the 2026 ICC Arbitration Rules would clarify expectations around disclosures and, at the same time, also provide reassurance to arbitrators that disclosure alone should not be understood as an admission of conflict. 

Confidentiality 

The 2026 ICC Arbitration Rules have introduced a provision to impose confidentiality obligation on the arbitrators [9]. Interestingly, there is no equivalent obligation on the parties as the ICC has decided to leave the parties to tailor appropriate confidentiality provisions and safeguards that meet the needs of their contract or dispute. 

Conclusion

The 2026 ICC Arbitration Rules represent a significant advancement toward more efficient, flexible, and transparent arbitration procedures. By carefully calibrating and refining the framework, ICC demonstrates its responsiveness to the evolving needs of the international arbitration community. Stakeholders are encouraged to familiarise themselves with these changes to effectively navigate the updated arbitration landscape. 

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