New 2026 ICC Rules of Arbitration: what’s changed and what it means

The ICC has published revised Rules of Arbitration, which entered into force on 1 June 2026, introducing targeted amendments to improve efficiency, clarity, and case management, while preserving the flexibility and procedural integrity that underpin ICC arbitration. The revisions respond to the continued evolution of arbitration practice and increasing user expectations around efficiency, cost control, and transparency.

What’s new

The most visible change is the elimination of the Terms of Reference as a mandatory procedural milestone. Long regarded as a hallmark of ICC arbitration, the Terms of Reference are replaced by a strengthened framework for early case management. In practice, the Request for Arbitration and Answer will play a greater role, and parties will need to define the content and scope of their claims from the outset – encouraging “frontloading”. The initial case management conference (CMC) takes on greater importance under the new framework and must occur within 30 days of the tribunal receiving the file from the ICC Secretariat (Article 24). The new Article 25 restricts the introduction of new claims after the initial CMC unless authorised by the tribunal, achieving similar objectives to the former Terms of Reference through different tools.

The 2026 Rules also introduce new Highly Expedited Arbitration Provisions (HEAP), operating on an opt-in basis with a target of a final award within three months of the initial CMC. There is no monetary limit on the cases that may be subject to the HEAP. HEAP arbitrations are always referred to a sole arbitrator who must hold the CMC within seven days of receiving the file; the sole arbitrator has discretion over the procedure adopted, including the ability to decide on the documents alone without a hearing. To facilitate this ambitious timeline, the Request for Arbitration must be filed with the Statement of Claim and the Answer with the Statement of Defence. Document disclosure requests may be refused, and the parties can agree to an unreasoned award. Additionally, the monetary threshold for the existing Expedited Procedure Provisions rises from US$3 million to US$4 million, although parties can opt out of the expedited procedure. An expedited award must be rendered within six months of the first CMC, unless extended by the ICC President.

Enhanced disclosure and early determination

The 2026 Rules now expressly provide that any doubt as to whether a disclosure should be made must be resolved in favor of disclosure and that a disclosure does not, by itself, establish a lack of independence or impartiality. A new obligation on parties requires submission of a list of relevant persons and entities that prospective arbitrators should consider when assessing potential conflicts and disclosures, together with reasons for their inclusion. Parties must also promptly disclose the existence and identity of any non-party funder with an economic interest in the outcome.

The Rules also debut an early determination mechanism (Article 30), allowing parties to apply for claims or defenses to be disposed of summarily on the grounds that they are “manifestly without merit” or “manifestly outside the arbitral tribunal’s jurisdiction.” This power gives tribunals a tool to dismiss unmeritorious claims without a full hearing – though it remains to be seen how ICC arbitrators will calibrate the threshold in practice.

Other notable amendments

Emergency arbitration provisions are updated to expressly recognize the possibility for emergency arbitrators to grant preliminary orders on an ex parte basis, though ensuring due process is preserved through prompt notification and the opportunity for the other party to present its case. Emergency relief can also now be sought against any party which the ICC President considers “may” be bound by the arbitration agreement (Appendix IV, Article 1(2)). The time limit for rendering awards in emergency arbitrations is overhauled: rather than a default six-month period from the Terms of Reference, the time limit will now be fixed by the ICC President taking into account the procedural timetable and case complexity, introducing a more case-specific and realistic mechanism.

Awards may now be signed electronically, and communications between the parties, the tribunal, and the Secretariat are to be conducted electronically unless otherwise directed – confirming the ICC’s move toward a fully digital-ready arbitration framework.

A new Article 44 formalizes the role of tribunal secretaries, previously governed mainly by practice and guidance rather than express provisions.

Governance structures are updated, including the removal of references to Alternate Court Members and clarification of the Bureau’s role. Some administrative tasks previously performed by the ICC Court have been transferred to the ICC President (e.g., granting extensions of time to the tribunal) or the Secretary General (e.g., fixing the advance on costs) to increase efficiency, while the ICC Court retains its substantive functions, including deciding whether the ICC has prima facie jurisdiction, challenges to arbitrators, scrutiny of draft awards, and the final determination of the arbitration fees.

The criteria for fixing arbitrators’ fees now include the quality of the draft award as an express factor. Additionally, where an ICC arbitration follows an ICC mediation, the ICC will credit half of the mediation administrative expenses against the arbitration costs – incentivizing parties to rely on ICC mediation and creating a financial benefit for parties who may not previously have considered it.

In terms of fee adjustments, ICC institutional fees have been reduced for disputes under US$10 million, while arbitrator fees have been held steady as a proportion of the amount in dispute. The claimant’s filing fee to commence an arbitration remains at US$5,000; a new filing fee of US$5,000 has been introduced for joinder applications; the emergency arbitrator application fee has increased from US$40,000 to US$50,000; and the maximum ICC administration fee has increased from US$150,000 to US$180,000.

Last but not least, a new Article 12(8) introduces an express confidentiality obligation on arbitrators – addressing a notable gap under the 2021 Rules – while the ICC opted not to impose a general confidentiality obligation on parties themselves.

Notably, the 2026 Rules do not contain express provisions dealing with the use of artificial intelligence by parties or tribunals; the recovery of the costs of third-party funding; the adoption of sustainable practices in arbitration to protect the environment; or the use of arb-med-arb. Some of these topics are being dealt with by ICC Task Forces or in ICC practice notes and may feature in future iterations of the Rules.

Practical playbook

Review and update arbitration clauses

Parties who have not expressly excluded the Expedited Procedure Provisions should be aware that disputes under the new US$4 million threshold will be subject to expedited procedures by default. Existing arbitration agreements should be revisited where the higher threshold or the availability of HEAP may affect dispute resolution strategy.

Prepare for frontloading

With the elimination of Terms of Reference, the Request for Arbitration and Answer take on greater procedural significance. Parties should define claims and relief sought with precision from the outset and anticipate that new claims after the case management conference will require tribunal authorization.

Engage early on conflicts and disclosure

The new obligation to provide a list of relevant persons and entities with reasons means parties must engage more actively at the outset of proceedings, particularly when preparing conflict checks for prospective arbitrators.

Consider the HEAP for time-sensitive disputes

The highly expedited procedure may be attractive for industries where speed is commercially critical – such as commodities, cryptocurrency, and supply-chain disputes – though parties should weigh the trade-off between procedural depth and speed.

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