The International Chamber of Commerce (“ICC”) has adopted the updated arbitration rules (“Arbitration Rules”), which came into effect on 1 June 2026 and replace the 2021 Arbitration Rules. The new rules apply to all arbitrations commenced on or after 1 June 2026, unless the parties have agreed to apply a previous version. This update reflects users’ expectations for faster and more cost-effective proceedings. Below, we summarize some of the most significant changes for users of ICC arbitration services.
End of Mandatory Terms of Reference
One of the most notable changes is the elimination of the mandatory Terms of Reference, which previously defined the parties, their claims, and the procedural framework at the outset of the proceedings. Instead, the arbitral tribunal must, within 30 days of receiving the case file, hold an initial Case Management Conference (“CMC”), at which it sets the timeline and other procedural issues. The tribunal may still voluntarily prepare the Terms of Reference if it deems it useful. The deadline for filing new claims is now tied to the initial CMC – after that, new claims may no longer be filed without the tribunal’s permission. The parties must therefore carefully define the full scope of their claims and defences at the outset.
New Highly Expedited Procedure (HEAP)
The Rules introduce a completely new Highly Expedited Arbitration Procedure (HEAP), which applies only by express agreement of the parties and has no monetary threshold. In HEAP proceedings, a sole arbitrator renders the final award within three months of the initial CMC, which must be conducted within seven days of receiving the case file. The claimant must file the request for arbitration and the statement of claim simultaneously, and the respondent must provide its answer to the request for arbitration and its statement of defence simultaneously as well. The joinder of additional parties and the consolidation of proceedings are excluded, and the parties may even agree to a decision without a written statement of reasons. The procedure is suitable for time-sensitive disputes with a limited scope of issues.
Higher Threshold for Expedited Procedure Provisions (EPP)
The monetary threshold for the automatic application of the Expedited Procedure Provisions (EPP) has been raised from USD 3 to 4 million for arbitration agreements entered into on or after 1 June 2026. For agreements concluded between 1 January 2021 and 1 June 2026, the threshold remains at USD 3 million. The parties may continue to opt out of the EPP for claims below the threshold or agree to opt in to the EPP even for claims above the threshold.
Early Determination of Claims Manifestly without Merit
The new rules expressly address early determination: a party may request that the tribunal make an early determination regarding a claim or defence that is manifestly without merit or manifestly outside the tribunal’s jurisdiction. The tribunal decides on the admissibility of the request at its discretion.
Emergency Arbitrator: Preliminary Orders and Broader Scope
There are two significant changes in proceedings before an emergency arbitrator. First, preliminary orders: a party may request an order directing the opposing party not to frustrate the purpose of the application for interim relief under consideration by the emergency arbitrator. A decision on a preliminary order may also be made ex parte, that is, without prior notice to the opposing party. If the order is issued, the emergency arbitrator must immediately afford all parties the opportunity to be heard. Second, the procedure is now also available against parties who are not signatories to the arbitration agreement, provided that the President of the ICC Court, upon review of the application, is satisfied that such a party could be bound by the arbitration agreement on another basis.
Stricter Rules on Disclosure and Confidentiality of Proceedings for Arbitrators
The rules strengthen the framework for disclosing any circumstances that could raise doubts about an arbitrator’s independence and impartiality. Any doubts an arbitrator may have as to disclosure must be resolved in favour of disclosure; at the same time, is the new rules expressly provide that disclosure alone does not necessarily imply a lack of independence or impartiality. Each party must, in its first application (e.g., a request for arbitration or an answer to a request for arbitration), submit a list of persons and entities that the arbitrators should take into account when assessing conflicts of interest. For the first time, the duty of arbitrators to maintain the confidentiality of the proceedings is also explicitly stipulated. The rules still do not provide for a general confidentiality obligation for the parties; therefore, it is advisable to address this in the arbitration clause or arbitration agreement.
Elimination of the Six-Month Deadline for Issuing a Final Award
In ordinary proceedings, the six-month deadline for issuing a final award has been eliminated. From now on, the time limit will be set by the President of the ICC Court based on the procedural timeline of the specific case.
What This Means for You
The new rules reward parties who approach arbitration proactively and with a willingness to cooperate. When drafting new contracts, it is advisable to review the arbitration clauses: consider including a Highly Expedited Arbitration Procedure (HEAP) for time-sensitive transactions, verify any potential exclusion from the Expedited Procedure (EPP) in light of the new monetary threshold, and explicitly provide for the confidentiality of the proceedings, including for the parties. As was the case previously, thorough preparation in the early stages of the proceedings remains crucial, as even under the new rules, the deadline for new claims – the Case Management Conference (CMC) – is set early.
At Jadek & Pensa, we advise on the drafting of arbitration clauses and represent clients in domestic and international arbitration proceedings. We are available to answer any questions you may have about what the updated rules mean for your contracts and disputes.
