knowledge 20 May 2026 |

Ahead of Publication: Anticipated Revisions to the ICC Arbitration Rules

The International Court of Arbitration, part of the International Chamber of Commerce (ICC) exercises judicial supervision over commercial and investment disputes through the application of its Rules of Arbitration. Revised rules are due to enter into force on 1 June 2026, with the full text yet to be published.  The changes being made to the existing rules, which have been in force since 2021, were outlined by President of the ICC Claudia Salomon at the ICC Tokyo Arbitration Day on 22 April 2026 and are being outlined in further detail in a series of articles published on the ICC website throughout May. We synopsise the proposed changes below.

The new rules are being introduced against a background of arbitration growing increasingly popular. 2025 ranked among the top three years in terms of case numbers, with 881 cases filed under the ICC Arbitration Rules. 169 of these cases adhered to the Expedited Procedure Provisions, which were the subject of the ICC’s Commission on Arbitration and ADR’s January 2026 Report ‘Expedited Procedure Provisions – Eight Years On’. This report was very positive about the uptake of expedited arbitration, in which the ICC applies default rules during arbitration proceedings to reduce delays and streamline the process, with final awards being delivered within six months. As such, it is unsurprising that the stated goal of the changes is to continue to increase the efficiency of the ICC’s arbitration procedures, while providing clarity to all parties.

Proposed Changes

Elimination of Terms of Reference

Under Article 23 of the 2021 Arbitration Rules, the arbitral tribunal must draw up a document defining its Terms of Reference (TOR) which includes the names, descriptions and contact details of the parties, a summary of their respective claims and relief sought, a list of issues to be determined, the place of the arbitration and the applicable procedural rules.

Under the revised rules, TOR will no longer be a mandatory part of arbitration proceedings. The Case Management Conference (CMC) held in the early stages of proceedings will instead be the key procedural milestone for the dispute, after which no new claims can be introduced. As such, claims should be stated in an articulate, comprehensive manner at the CMC. Tribunals will retain discretion to establish TOR if appropriate for case management purposes.

The removal of TOR brings the ICC rules more in line with other arbitration frameworks such as LCIA and ICDR, which do not have formal TOR and instead deal with matters such as applicable procedures and alteration of claims in a more gradual manner as proceedings evolve.

Enhanced procedure for ensuring independence and impartiality of Arbitrators

Under Article 11 of the 2021 Arbitration Rules, every arbitrator must be impartial and independent of the parties involved in the arbitration. Arbitrators are already required under Article 12(2) to disclose any conflicts of interest or facts which could give rise to reasonable doubts as to the arbitrator’s impartiality.

This requirement is becoming more formalised under the revised rules. If doubts arise as to whether a disclosure should be made, the prospective arbitrator will be required under Article 12(2) to resolve that uncertainty in favour of disclosure. This is bolstered by Article 12(4), which states that a “disclosure does not, by itself, establish a lack of independence or impartiality”.

These provisions were previously outlined in the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration but have been included in the revised rules in order to facilitate more transparency and provide greater certainty to arbitrators.

The revised rules will include a new Article 12(5) which states that, to assist arbitrators in complying with their disclosure obligations, parties must submit a list of persons and entities which they believe arbitrators should consider, as well as reasons for the inclusion of these persons and entities. It is hoped this provision will encourage proactive disclosure by all parties and reduce the burden on arbitrators in carrying out their disclosure duties.

Electronic communications

Under the revised rules, all documents pertaining to the arbitration may be communicated electronically, via email, Case Connect or other electronic means.  To facilitate different requirements across jurisdictions or the wishes of parties, hard copies will still be available.

Time limits for issuing awards will be fixed by the President

Under Article 31 of the 2021 Arbitration Rules, the arbitral tribunal must render its final award within six months of the date of the last signature by the tribunal or the parties. Article 31(2) provides for an extension of this time limit if the Court deems it necessary.

Under the revised rules, the six-month limit will be removed. Recognising that the six-month limit was frequently extended, the ICC will adopt a more flexible approach in which the ICC President will determine the time limit for an arbitration. Removing time limits entirely was considered but ultimately not done, as some jurisdictions require awards to be granted within a fixed time frame.

Adjustment of the threshold for Expedited Procedure

Under Article 30(2)(a) of the 2021 Arbitration Rules and Article 1(2) of Appendix VI, the Expedited Procedure provisions automatically apply to arbitrations where the amount in dispute does not exceed US$3 million. Parties retain the right to opt out of an Expedited Procedure and may also opt in for claims exceeding this amount. 

Under the revised rules, the threshold for automatic application has been increased from US $3 million to US $4 million (approx. €2.5 million to €3.4 million) in recognition of the fact that this threshold is routinely exceeded, and that the value of international commercial disputes is continually rising. Expedited procedures are valued for the certainty they provide regarding the duration of the arbitration and have been utilised to address claims ranging from under US$20 million to over US$200 million (approx. €17 million to €170 million).

New “Highly Expedited Procedure”

The popularity of the six-month Expedited Procedure has resulted in the introduction of an even faster Highly Expedited Procedure, which will aim to provide a final award within three months. Parties must opt-in to use the new procedure. All claims and defences, as well as evidence and witness statements, must be provided at the outset, and a decision will be made solely on the basis of the provided documents, without a hearing. Parties must also agree to an award being issued without reasons.

Clarification to the Emergency Arbitration provisions

Emergency arbitration (EA) allows for urgent interim or conservatory relief prior to the establishment of an arbitral tribunal. Under Article 29 of the 2021 Arbitration Rules, emergency proceedings can be initiated against signatory parties to the arbitration agreement and their successors. The new rules allow the President of the ICC Court to decide, based on information in the EA application, that any other party may also be bound by an arbitration agreement and therefore subject to EA.

Furthermore, a party may now, at any stage of EA proceedings, request a preliminary order directing another party not to frustrate the purpose of the application. If such an order is granted, all other parties must be granted a reasonable opportunity to present their case. Preliminary orders may be amended or revoked following subsequent submissions.

These provisions aim to safeguard access to urgent relief while upholding due process.

Confidentiality

The revised rules will include an express provision on confidentiality for arbitrators, providing clarity on their obligations in this regard.

ICC arbitrations are not inherently confidential. Blanket confidentiality may not be appropriate in some instances where certain disclosures are necessary, for example where an arbitration concerns a state actor. However, Article 8 of Appendix I to the Statutes of the ICC states that the work of the Court is of a confidential nature, and that the Court lays down rules regarding who may attend Court meetings and have access to related materials. Arbitration is often chosen over court proceedings as more confidentiality can be guaranteed. As such, it is in the interests of the ICC to ensure that confidentiality is available to parties who desire it.

Conclusion

The revised rules aim to deliver faster dispute resolution while maintaining procedural fairness. These changes reflect established practice, acknowledging the practical realities of arbitration and incorporating research carried out by the ICC since the previous rules came into effect in 2021.

Also contributed to by Amy Gebruers