The International Chamber of Commerce (ICC) has just published a revised version of the Rules of Arbitration (2026 ICC Rules) that will enter into force on June 1, 2026. The 2026 ICC Rules will replace the current version of the ICC Rules of Arbitration in force since January 2021 (2021 ICC Rules) and will apply to all requests for arbitration filed on or after June 1, 2026, unless the arbitration agreement provides otherwise. The revisions aim at enhancing efficiency, clarity and usability, while ensuring that ICC arbitration continues to meet the needs of users worldwide.

The 2026 ICC Rules contain key changes by introducing new procedures and improvements to existing provisions, with a focus on streamlining proceedings and supporting effective case management. Some of the key changes are described hereinafter:

Terms of Reference Are No Longer Mandatory

Under the 2026 ICC Rules, terms of reference (Terms of Reference) are no longer mandatory. Article 23 2021 ICC Rules, which required Terms of Reference signed by the parties and the arbitral tribunal, will thus be deleted. With this amendment, the 2026 ICC Rules abandon one of the defining features of the ICC Rules. That feature, however, has long been a source of controversy, as especially in proceedings with non-participating or obstructing parties, the requirement to sign Terms of Reference has often led to delays.

The 2026 ICC Rules will put more emphasis on the initial case management conference (Initial CMC), for which the 2026 ICC Rules set a time limit of 30 days from receipt of the file by the arbitral tribunal (Article 24(1) 2026 ICC Rules), and which will constitute the (new) cut-off date for new claims (Article 25 2026 ICC Rules).

New Highly Expedited Arbitration Procedure

The 2026 ICC Rules introduce new opt-in highly expedited arbitration provisions (Highly Expedited Arbitration Provisions or HEAP, Article 33 and Appendix VI 2026 ICC Rules), under which a final award has to be issued within three months of the Initial CMC (i.e. roughly four months from the commencement of the arbitration).

The most significant changes compared to the existing expedited procedure are the following:

• The claimant needs to submit the full statement of claim (with evidence, to the extent possible) together with the request for arbitration (Appendix VI, Article 2(1) and (2) 2026 ICC Rules).
• The respondent needs to provide certain initial information within 20 days from receipt of the request for arbitration and provide its answer to the request for arbitration including its statement of defense (as well as a statement of counterclaim, if any; both including evidence, to the extent possible) within 30 days from receipt of the request for arbitration (Appendix VI, Article 2(4), (5) and (6) 2026 ICC Rules).
• The dispute is decided by a sole arbitrator appointed by the ICC International Court of Arbitration (ICC Court) absent a joint nomination by the parties within 20 days from receipt of the request for arbitration (Appendix VI, Article 4 2026 ICC Rules).
• Neither joinder nor consolidation are possible (Appendix VI, Article 3 2026 ICC Rules).
• The arbitral tribunal has wide discretion to adopt procedural measures, in particular to decide whether requests for document production should be allowed and whether a hearing shall be conducted (Appendix VI, Article 6 2026 ICC Rules).
• The arbitral tribunal has to render the final award within three months from transmission of the file (Appendix VI, Article 7(1) 2026 ICC Rules), and the parties may agree that no reasons are to be given in the award (Appendix VI, Article 7(2) 2026 ICC Rules).

Model clauses for opting in to Highly Expedited Arbitration Provisions can be found here.

With the introduction of the optional Highly Expedited Arbitration Provisions, the ICC seeks to respond to a perceived need for increased speed of proceedings from users. Parties should consider carefully whether their (potential) disputes are suitable for faster proceedings that cut down procedural options (such as the availability of a three-member arbitral tribunal or joinder). In practice, parties will likely want to opt in to the Highly Expedited Arbitration Provisions for certain types of disputes only, with other types of disputes remaining subject to the ordinary proceedings.

Application of the Expedited Procedure Broadened

The threshold amount for the expedited procedure will be increased with the 2026 ICC Rules from currently USD 3,000,000 to USD 4,000,000 (Appendix V, Article 1(3) 2026 ICC Rules). This threshold applies if the arbitration agreement under the ICC Rules was concluded on or after June 1, 2026, while thresholds of USD 3,000,000 and USD 2,000,000 continue to apply if the arbitration agreement was concluded on or after January 1, 2021, or on or after March 1, 2017, respectively.

The threshold amount for the expedited procedure was the subject of much debate during the revision process of the ICC Rules, with some proposing that it be raised to USD 6,000,000 or even higher.

Parties can agree to opt out of the expedited procedure provisions (Appendix V, Article 1(4)(b) 2026 ICC Rules).

Scope for Emergency Arbitrator Provisions Expanded

The scope of parties against whom emergency relief (i.e. interim relief before the constitution of the arbitral tribunal) may be sought will be broadened in the 2026 ICC Rules (Appendix IV, Article 1(2) 2026 ICC Rules). Under the 2026 ICC Rules, the emergency arbitrator provisions will not only apply to (i) parties that are signatories to the arbitration agreement upon which the application for emergency relief is based and to (ii) their successors, but also to (iii) any party that the president of the ICC Court is satisfied, based on information in the application for emergency relief, that an arbitration agreement (providing for ICC arbitration) may exist. This is a helpful addition that allows a party to seek emergency relief against the proper respondents also in cases involving complex corporate structures and fact patterns.

The 2026 ICC Rules also expressly acknowledge ex parte orders (called «preliminary orders», Appendix IV, Article 7 2026 ICC Rules). This allows a party, at any stage of the proceedings, to request a preliminary order directing another party not to frustrate the purpose of the emergency application. Such request may be made and decided upon without notice to the other parties.

Some Further Notable Revisions and Clarifications:

• The provisions regarding arbitrator independence and impartiality are clarified. Any doubts the prospective arbitrator may have about whether to make disclosure will, under the 2026 ICC Rules, have to be resolved in favor of disclosure (Article 12(2) 2026 ICC Rules). To assist prospective arbitrators in complying with disclosure obligations, the 2026 ICC Rules oblige the parties to submit to the secretariat of the ICC a list of persons and entities whom they believe the arbitrators should consider for purposes of assessing their impartiality and independence, and the reasons therefor (Article 12(5) 2026 ICC Rules).
• The (artificial) six-month time limit for arbitral tribunals to render the final award is abandoned. The 2026 ICC Rules provide that the president of the ICC Court shall fix the time limit, or subsequently extend it, taking into account the procedural timetable or a reasoned request from the arbitral tribunal (Article 34 2026 ICC Rules).
• An express confidentiality obligation for the arbitral tribunal is added to the 2026 ICC Rules (Article 12(8) 2026 ICC Rules). During the rules revision process, it was debated whether the 2026 ICC Rules should include a confidentiality obligation also binding the parties – such obligation did not find its way into the 2026 ICC Rules. Parties still retain the ability to agree the extent to which they wish the arbitration to be confidential, and such an agreement should indeed be carefully considered when entering into the arbitration agreement.
• The ICC Court may decide not to replace an arbitrator who has died or been removed by the ICC Court and that the arbitral tribunal may continue as a truncated tribunal after the last hearing or the filing of the last substantive submission, whichever is later (Article 16(5) 2026 ICC Rules).
• The 2026 ICC Rules provide that a party may apply for an early determination by the arbitral tribunal that one or more claims or defenses are manifestly without merit or manifestly outside of the arbitral tribunal’s jurisdiction (Article 30 2026 ICC Rules).