New ICC Rules – What’s In and What’s Out?

The ICC has approved its revised Arbitration Rules, which enter into force on 1 June 2026 and apply to all Requests for Arbitration filed on, or after, that date.

The amendments are directed at efficiency, case management and modernisation and are likely to feature in rules amendments by other arbitral institutions. The changes include the removal of mandatory Terms of Reference, greater emphasis on Case Management Conferences, a new early determination procedure, a new Highly Expedited Arbitration Procedure, an increase in the Expedited Procedure threshold, revised time limits for final awards, enhanced arbitrator disclosure obligations and default electronic communications.

IN: Greater Importance of Case Management Conferences

The initial Case Management Conference (“CMC”) will become the key procedural milestone with the new rules envisaging the first taking place within 30 days of receiving the file from the Secretariat (Article 24.1), with the ability to hold further CMCs, as and when required to facilitate the efficient conduct of the proceedings (Article 24.4).

The CMC also operates as the cut-off point for new claims. Under Article 25, after the initial CMC, no party may make new claims without the tribunal’s permission. The tribunal will consider the nature of the new claims, the stage of the arbitration, cost implications and any other relevant circumstances.

Parties will therefore need to ensure that claims, counterclaims and relief sought are properly identified in the Request and Answer.

IN: Early Determination of Unmeritorious Claims and Defences

Article 30 introduces a new early determination procedure for one or more claims or defences on the basis that they are manifestly without merit or manifestly outside the tribunal’s jurisdiction.

The tribunal has discretion whether to allow such an application to proceed. If it does, the tribunal will determine the appropriate procedure after consulting the parties.

The procedure is likely to be most useful where the issue is discrete and capable of determination without full factual or expert evidence. Unsuccessful applications may increase time and cost. Tribunals will also need to manage the procedure consistently with due process requirements.

IN: Highly Expedited Arbitration

Article 33 introduces a new Highly Expedited Arbitration Procedure where all parties agree.

The procedure is governed by Appendix VI. Appendix VI Article 6(1) provides that the tribunal must hold the initial CMC within seven days of receiving the file, subject to extension. The final award must be rendered within three months from the initial CMC, unless extended. The procedure is designed for time-sensitive disputes requiring a final and enforceable award quickly.

Parties must expressly opt in to the procedure; agreement to ICC arbitration alone is not sufficient.

The procedure is likely to be suitable for urgent, narrow disputes where documentary evidence is limited and the issues can realistically be determined within a compressed timetable. It is unlikely to be suitable for disputes requiring substantial disclosure, witness evidence or expert evidence.

IN: Increased Expedited Procedure Threshold

Article 32 provides for the Expedited Procedure, with the detailed procedure set out in Appendix V. For arbitration agreements concluded on or after 1 June 2026, the Expedited Procedure threshold increases from US$3 million to US$4 million.

The Expedited Procedure applies automatically to qualifying disputes unless the parties opt out or the ICC Court determines that it is inappropriate.

The procedure usually involves a sole arbitrator, a shorter timetable and greater tribunal control over the scope of the process. The tribunal may limit document production, limit written submissions and decide the case on the documents only, where appropriate.

For straightforward lower-value disputes, this may be suitable. For disputes involving complex factual, technical or expert issues, parties should consider whether to exclude the Expedited Procedure in the arbitration agreement.

IN: Hybrid Hearings

Article 27.1 provides that hearings may be conducted in person, in hybrid form, by videoconference, teleconference or other form of electronic communication.

The tribunal may decide the hearing format after consulting the parties and considering the relevant facts and circumstances. Party consent is not required.

IN: Arbitrator Disclosure and Party Disclosure Obligations

Article 12 strengthens arbitrator disclosure. Under Article 12.2, any doubts a prospective arbitrator may have about whether to make a disclosure are to be resolved in favour of disclosure.

Article 12.5 requires each party to provide the Secretariat at the Request, Answer and Joinder stages with a list of persons and entities that prospective arbitrators and arbitrators should consider for disclosure purposes, together with reasons.

Depending on the dispute, parties should consider including parent companies, subsidiaries, affiliates, funders, insurers, joint venture partners, major subcontractors, consultants, experts and key individuals involved in the dispute.

IN: Codified Role of Tribunal Secretaries

Article 44 codifies the role of tribunal secretaries. After consulting the parties, the tribunal may appoint a tribunal secretary to work under its direction and control, provided the tribunal does not delegate its decision-making function.

Article 44.2 provides that tribunal secretaries must satisfy the same independence, impartiality and confidentiality requirements as arbitrators and must sign a statement of acceptance, availability, impartiality and independence before appointment.

OUT: Mandatory Terms of Reference

The 2026 Rules remove the mandatory Terms of Reference (“TOR”) step which was previously required under Article 23 of the 2021 Rules.

Tribunals may still use TOR where appropriate, but they are no longer required in every case.

This may reduce the time and cost associated with negotiating TOR, but it is anticipated experienced arbitrators will continue to use their own TOR to set out the procedure to be adopted.

OUT: The Default Six-Month Time Limit for Final Awards

The 2026 Rules remove the previous default six-month time limit to render an award running from the signature or approval of the TORs.

Under Article 34, the President of the ICC Court will fix or extend the time limit for rendering the final award by reference to the procedural timetable under Article 24.2, or a reasoned request from the tribunal.

OUT: Hard Copies as the Default

Article 3 makes electronic communication the default. Written communications with the Secretariat are to be made by email or other electronic means that create a record of sending.

Hard copies of the Request, Answer and any Request for Joinder are only required where the filing party requests transmission by delivery against receipt, registered post or courier, or where electronic transmission is not practicable.

Practical Takeaways:

1. Parties should review ICC arbitration clauses for contracts entered into on or after 1 June 2026, particularly in light of the increased US$4 million Expedited Procedure threshold.
2. Claims, counterclaims and relief should be properly formulated at the outset. After the initial CMC, new claims will require tribunal permission.
3. The initial CMC will require more preparation. Parties should be ready to address timetable, evidence, document production, hearing format, early determination and whether further CMCs may be useful.
4. Early determination may be useful for discrete legal or jurisdictional points, but is unlikely to be appropriate where the issue turns on contested evidence.
5. The Highly Expedited Procedure should be used selectively. The three-month timetable may be attractive for urgent narrow disputes, but unsuitable for fact-heavy or expert-heavy cases.
6. Disclosure lists should be prepared carefully at the outset, particularly in corporate group, joint venture, funded and multi-party disputes.