The new ICC Arbitration Rules 2026 will enter into force on 1 June 2026. They apply to arbitrations commenced on or after that date, unless the parties agree otherwise. The reform is designed to enhance efficiency, flexibility, and transparency of ICC arbitration. Below are 10 key changes.
1. Removal of Mandatory Terms of Reference (ToR)
| 2021 Rules | 2026 Rules |
| ToR was a mandatory document signed by the parties and the tribunal. 2021 Rules, Art. 23(1): « As soon as it has received the file from the Secretariat, the arbitral tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference». | ToR is no longer mandatory. It may be used if agreed by the parties or decided by the tribunal. |
In the absence of ToR, the role of the initial Case Management Conference (CMC) is strengthened. Following the CMC, new claims may only be introduced with the permission of the arbitral tribunal.
(2026 Rules, Art. 25: «After the initial CMC, no party may make new claims, unless authorised by the arbitral tribunal. In determining whether to allow such new claims, the arbitral tribunal shall consider the nature of the new claims, the stage of the arbitration, any cost implications and any other relevant circumstances»).
2. New Party Obligations on Arbitrator Disclosure Support
| 2021 Rules | 2026 Rules |
| Arbitrators themselves disclosed circumstances that could affect independence and impartiality. | Parties must submit a list of persons and entities that arbitrators should consider for disclosure purposes. 2026 Rules, Art. 12(5): «To assist prospective arbitrators and arbitrators in complying with their disclosure obligations, at the time of filing their respective Request, Answer, Request for Joinder, Answer to a Request for Joinder or request for an extension of time for submitting an Answer under Article 6(2), each party must submit to the Secretariat a list of persons and entities which they believe the prospective arbitrators and arbitrators should consider and the reasons thereof.». |
3. Electronic Communications and Electronic Signatures
| 2021 Rules | 2026 Rules |
| Communication with the Secretariat could take various forms (paper and electronic). Arbitral awards required physical signatures. | Electronic communication is established as the standard method of interaction with the Secretariat. In addition, electronic signing of arbitral awards and signing of awards in counterparts by arbitrators is permitted (for example, when one arbitrator signs his copy in Paris, the second signs another copy in London, the third signs yet another in Singapore, and all these signed counterparts together are treated as a single original of the award). 2026 Rules, Art. 3(1): «Except as provided in Article 3(2), written communications with the Secretariat shall be made by email or other means of electronic communication that creates a record of the sending thereof.» 2026 Rules, Art. 3(2): «Parties shall submit hard copies of the Request, Answer and any Request for Joinder to the Secretariat only when the party filing such submission requests transmission against receipt, registered post or courier or if electronic transmission is not practicable». 2026 Rules, Art. 38(1): «After consulting with the parties and considering all relevant circumstances, the arbitral tribunal may: a) sign the award electronically; b) sign the award in counterparts; and/or c) request the Secretariat to notify the award in paper form or electronic format, or any other manner that is permitted by law». |
4. Time Limit for Awards – No Fixed Deadline
| 2021 Rules | 2026 Rules |
| Fixed six-month deadline from the ToR (often extended). 2021 Rules, Art. 31(1): «The time limit within which the arbitral tribunal must render its final award is six months». | The ICC Court President sets the time limit individually based on the procedural timetable. 2026 Rules, Art. 34: «The President shall fix the time limit, or subsequently extend the time limit, for rendering the final award, taking into account: a) the procedural timetable established pursuant to Article 24(2); or b) a reasoned request from the arbitral tribunal». |
5. Early Determination of Claims or Defences
| 2021 Rules | 2026 Rules |
| Not expressly provided for. | A party may request early determination of claims or defences that are manifestly without merit or outside jurisdiction. 2026 Rules, Art. 30(1): «Any party may apply to the arbitral tribunal for the early determination of one or more claims or defences on the grounds that: a) such claims or defences are manifestly without merit; or b) such claims or defences are manifestly outside the arbitral tribunal’s jurisdiction». |
6. Higher Threshold for Expedited Procedure
| 2021 Rules | 2026 Rules |
| Threshold: USD 3 million for agreements concluded after 1 January 2021 (App. VI, Art. 1(2)(b)) | Threshold increased to USD 4 million for agreements concluded after 1 June 2026 (App. V, Art. 1(3)(c)) |
7. New Highly Expedited Procedure (3-Month Track)
| 2021 Rules | 2026 Rules |
| Not available. | Optional procedure requiring a final award within three months from the initial (CMC). The parties may agree that the award need not contain reasons. 2026 Rules, App. VI, Art. 7(1): «The arbitral tribunal must render its final award within three months from the date of the initial CMC, unless the President extends the time limit pursuant to a reasoned request from the arbitral tribunal or on the President’s own initiative, if the President considers an extension necessary». 2026 Rules, App. VI, Art. 7(2): «Unless the parties agree that no reasons are to be given, the award shall state the reasons upon which it is based». |
8. Emergency Arbitrator: Ex Parte Preliminary Orders
| 2021 Rules | 2026 Rules |
| Preliminary orders were not expressly regulated. | A party may request an ex parte preliminary order directing another party not to frustrate the purpose of the requested interim measures, where prior notice could undermine their effectiveness. 2026 Rules, App. IV, Art. 7(1): «A party may, at any stage of the emergency arbitrator proceedings, request a preliminary order directing another party not to frustrate the purpose of the Application (“Preliminary Order”). Such request may be made and decided upon without notice to all other parties». |
9. Truncated Tribunal at Late Stages
| 2021 Rules | 2026 Rules |
| After the closing of the proceedings, the ICC Court, in exceptional cases, may decide not to appoint a replacement for a departed arbitrator and allow the remaining tribunal to continue the consideration of the case, taking into account the views of the parties and the circumstances of the case. 2021 Rules, Art. 15(5): «Subsequent to the closing of the proceedings, instead of replacing an arbitrator who has died or been removed by the Court pursuant to Articles 15(1) or 15(2), the Court may decide, when it considers it appropriate, that the remaining arbitrators shall continue the arbitration. In making such determination, the Court shall take into account the views of the remaining arbitrators and of the parties and such other matters that it considers appropriate in the circumstances». | After the conclusion of the hearings or the filing of the last written submissions, the ICC Court may decide not to replace a departed arbitrator and allow the remaining arbitrators to complete the arbitration without restarting the proceedings, taking into account the views of the parties and the tribunal. 2026 Rules, Art. 16(5): «After the last hearing or the filing of the last substantive submissions, whichever is later, instead of replacing an arbitrator who has died or been removed by the Court pursuant to Articles 16(1) or 16(3), the Court may decide, when it considers it appropriate, that the remaining arbitrators shall continue the arbitration. In making such determination, the Court shall take into account the views of the remaining arbitrators and of the parties and such other matters that it considers appropriate in the circumstances». |
10. Express Confidentiality Obligation for Arbitrators
| 2021 Rules | 2026 Rules |
| No express general confidentiality obligation for arbitrators. | Arbitrators are expressly required to keep all arbitration-related matters confidential, subject to limited exceptions. 2026 Rules, Art. 12(8): «Arbitrators shall keep confidential all matters relating to the arbitration unless otherwise in the public domain, agreed by the parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations». |
Anna Zabrotskaya
Managing Partner, Attorney-at-Law