Alert
Arbitration Alert – June 2026
June 1, 2026
Publication of the New 2026 Arbitration Rules of the International Chamber of Commerce (ICC)
The International Chamber of Commerce (ICC) has published its new Arbitration Rules, which enter into force today, 1 June 2026, replacing the version in effect since 2021. This updated edition aims to enhance case management while preserving the efficiency, flexibility, neutrality, and integrity of ICC arbitration proceedings. Below, we outline the key amendments introduced by the new Rules:
- Goodbye to Terms of Reference (ToR): The ICC has decided to eliminate one of the hallmark features of ICC arbitration: the Terms of Reference. Instead, arbitral tribunals must hold a Case Management Conference within 30 days of receiving the file in order to define the scope of the dispute, establish the procedural timetable, and address other procedural matters. This change is expected to streamline the initial phase of the arbitration and will require parties to define their claims and defenses more precisely from the Request for Arbitration and the Answer
- Time Limit for the Final Award: With the removal of the Terms of Reference, the ICC has also eliminated the six-month deadline for rendering the final award following the signing of the ToR. Although this deadline was frequently extended in practice, the President of the ICC Court will now determine or extend the time limit based on the procedural timetable or a reasoned request from the arbitral tribunal.
- Enhanced Conflict-of-Interest Review: The new Rules strengthen the parties’ duty to cooperate by requiring them to submit lists of relevant persons and entities with the Request for Arbitration and the Answer. The Secretary General may refer the confirmation of an arbitrator to the ICC Court even where no party has raised an objection. In addition, tribunal secretaries must meet the same independence and impartiality requirements as arbitrators and sign the same statement of acceptance.
- Early Determination: Arbitral tribunals are now expressly empowered to dispose of manifestly unmeritorious claims, defenses, objections, or matters that clearly fall outside their jurisdiction at an early stage of the proceedings.
- Emergency Arbitration: Parties may seek emergency measures before the constitution of the arbitral tribunal against non-signatory parties. Based on the application, the President of the ICC Court may determine whether the arbitration agreement binds such parties. The arbitral tribunal retains the authority to rule on its own jurisdiction once constituted. The new Rules also recognize the possibility for a party to request “preliminary orders” to prevent the opposing party from frustrating the purpose of the emergency arbitrator proceedings. Such orders may be granted without prior notice to the other party.
- Expedited Procedure: The monetary threshold for the automatic application of the expedited procedure has been increased to USD 4 million, thereby expanding its scope. However, parties retain the option to request that the dispute proceed under the regular arbitration procedure.
- Highly Expedited Arbitration: A new, even faster form of arbitration has been introduced. Under this procedure, the tribunal, in coordination with the parties, may dispense with various procedural stages and decide the dispute based solely on the Request for Arbitration, the Statement of Claim, and the corresponding responses. This procedure is voluntary and intended for disputes of lower complexity, regardless of the amount in dispute.
- Costs: Administrative expenses have been reduced for disputes involving less than USD 10 million, while higher-value disputes will be subject to increased administrative costs.