The International Chamber of Commerce (ICC) has adopted a new version of the Arbitration Rules, which entered into force on 1 June 2026. The new Rules represent the first significant revision of the ICC Arbitration Rules since the 2021 amendments and introduce a number of changes aimed at enhancing procedural efficiency and flexibility, as well as providing greater clarity in the regulation of certain aspects of international arbitration.

Although the new Rules do not alter the fundamental structure of ICC arbitration, certain amendments may have a significant impact on the conduct of proceedings in practice. Among the most significant changes are the abolition of the mandatory Terms of Reference, the introduction of Early Determination, the expanded application of the Expedited Procedure, and the introduction of Highly Expedited Arbitration.

The new Rules apply to arbitral proceedings commenced on or after 1 June 2026, unless the parties have agreed that an earlier version of the Rules shall apply.

Preparation of the Terms of Reference Is No Longer Mandatory

One of the most significant changes concerns the Terms of Reference, which traditionally represented one of the distinctive stages of ICC arbitration. Under the previous Rules, following the constitution of the arbitral tribunal, the Terms of Reference had to be prepared and set out the basic information concerning the dispute, the parties’ claims, and the issues to be determined. Under the 2026 Rules, however, their preparation is no longer mandatory. The arbitral tribunal may still prepare the Terms of Reference if it considers this necessary or useful, but they no longer constitute a mandatory stage of the proceedings.

Instead, greater importance is placed on the Case Management Conference, which, as a general rule, is held within 30 days of the arbitral tribunal receiving the case file. The purpose of the Case Management Conference is to establish the key elements of the further conduct of the proceedings and determine the procedural timetable.

This change allows the tribunal and the parties to move more quickly to addressing the merits of the dispute and to organize the proceedings in a manner appropriate to their complexity, while retaining the option of using Terms of Reference where this is considered useful.

Early Determination of Manifestly Unmeritorious Claims and Greater Flexibility Regarding the Time Limit for Rendering an Arbitral Award

The 2026 Rules expressly introduce the possibility of Early Determination, allowing a party to request that the tribunal, at an early stage of the proceedings, determine a claim or defence that is manifestly without merit or manifestly outside the tribunal’s jurisdiction.

The tribunal retains discretion to decide whether to consider the request and how to organise the proceedings, while being required to afford the parties a reasonable opportunity to present their views.

The introduction of this mechanism may be particularly significant in cases where certain claims or objections appear manifestly without merit at an early stage of the proceedings or fall outside the tribunal’s jurisdiction.

The new Rules also no longer require an award to be rendered within six months from the date of the last signature on the Terms of Reference, as was provided under the previous Rules.

Expedited Procedure: Threshold Increased to Four Million US Dollars

For arbitration agreements concluded between 1 January 2021 and 31 May 2026, the Expedited Procedure automatically applied to disputes where the amount in dispute did not exceed three million US dollars. For arbitration agreements concluded on or after 1 June 2026, this threshold has been increased to four million US dollars.

The basic structure of the Expedited Procedure remains unchanged. Among other things, the proceedings are conducted by a sole arbitrator, with shorter time limits and the possibility for the tribunal to limit the scope of submissions, evidence and documentary production, as well as to decide the case solely on the basis of written submissions.

New Highly Expedited Arbitration

The 2026 Rules also introduce an entirely new mechanism – Highly Expedited Arbitration. This procedure applies only where the parties expressly agree to its application and, unlike the Expedited Procedure, is not tied to the amount in dispute.

The proceedings are conducted by a sole arbitrator, the case management conference is to be held within seven days of receipt of the case file, and the final award is to be rendered within three months of that conference.

To facilitate compliance with such short time limits, the Request for Arbitration must already contain the Statement of Claim, while the Answer must contain the Statement of Defence. The tribunal may limit the number and scope of submissions, dispense with the production and exchange of documents, and decide that the case will be resolved without an oral hearing.

The parties may also agree that the award will not contain reasons, which is a particular feature of this procedure.

Changes Regarding the Independence and Impartiality of Arbitrators 

The 2026 Rules provide more detailed regulation of arbitrators’ obligation to disclose circumstances that may give rise to doubts as to their independence or impartiality.

Where a prospective arbitrator is uncertain as to whether a particular circumstance should be disclosed, the new Rules provide that the doubt should be resolved in favour of disclosure. At the same time, the disclosure of a particular circumstance does not, in itself, mean that the arbitrator is not independent or impartial.

Emergency Arbitration and Preliminary Orders

The new Rules also introduce changes in the area of Emergency Arbitration. The 2026 Rules more precisely define the persons against whom relief may be sought before an emergency arbitrator and expressly recognise the possibility of issuing a preliminary order directing another party not to take certain actions that could frustrate the purpose of the requested emergency measure.

The purpose of a preliminary order is to temporarily prevent such conduct by the other party before a decision is made on the request for an emergency measure. In certain circumstances, a request for a preliminary order may be considered without prior notice to the other party where prior notice could frustrate the purpose of the requested measure.

Following the issuance of a preliminary order, the other parties must be given an opportunity to present their views. Thereafter, the emergency arbitrator may, depending on the circumstances, modify or revoke the order.

Electronic Communications and Signing of Arbitral Awards

The new Rules further adapt the proceedings to modern digital communications, providing that written communications are to be made electronically, subject to certain exceptions. ICC also encourages the use of its digital case management platform, ICC Case Connect, while greater flexibility is provided with respect to the electronic signing and transmission of arbitral awards.

Amendments to the Rules, but No Change to the Basic Structure of ICC Arbitration

The new ICC Arbitration Rules do not represent a complete overhaul of the system established by the 2021 Rules, and most of the fundamental features of ICC arbitration remain unchanged. Nevertheless, the 2026 amendments demonstrate a clear direction of development: fewer formal procedural steps, greater flexibility in organising the proceedings, and more tools enabling the tribunal to tailor the proceedings to the nature of the particular dispute.

The abolition of the mandatory Terms of Reference and the introduction of Early Determination are of particular significance, while Highly Expedited Arbitration represents a new option for parties seeking to have their dispute resolved within a particularly short period of time. At the same time, the changes concerning the independence and impartiality of arbitrators, Emergency Arbitration and electronic communications further modernise the existing procedural framework.

The practical significance of certain amendments will ultimately become apparent through their application before the ICC Court and arbitral tribunals. It will be particularly important to monitor the extent to which the new Early Determination mechanism and Highly Expedited Arbitration gain practical traction, as well as whether the abolition of the mandatory Terms of Reference will in fact contribute to shorter and simpler arbitral proceedings.

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