The International Chamber of Commerce’s (“ICC”) new arbitration rules came into effect on 1 June 2026, applying to any arbitration commenced on or after this date (unless the parties have agreed otherwise).
These changes represent a significant shift towards greater efficiency in ICC arbitration, enabling cases to progress more speedily and clearly from the outset, fewer procedural hurdles, tools for disposing of weak claims or defences at an early stage, and provisions for expedited and highly expedited procedures. The new ICC Rules come into force just over five years after the entry into force of the rules they replace. With increasing competition among arbitral institutions, such updates are seen as important to ensure that institutions do not lose their edge and become less attractive.
Here, we take a look at the five key changes and what legal specialists need to know:
1. Terms of Reference removed under the 2026 ICC Arbitration Rules
The new rules abolish the requirement for tribunals to draw up Terms of Reference, replacing this process with an initial Case Management Conference (“CMC”) held to establish the timetable and other procedural measures (Article 24). Parties will be barred from making new claims after the initial CMC unless authorised by the tribunal.
This is a key change. Terms of Reference have been a longstanding feature of ICC arbitration, conceived to record various procedural matters and the scope of the dispute, including a list of issues to be determined.
However, they also represented an additional procedural step which in reality often added little value. For example, it was commonplace to avoid including a list of issues and simply leave it to the tribunal to decide the issues in due course on the basis of the parties’ submissions. Procedural points that would ordinarily have been in the Terms of Reference are now likely to be included in Procedural Order No. 1 (the key document establishing the specific procedural timetable and specific procedural directions applicable to the arbitration), as is the case with arbitrations under the rules of other institutions that do not provide for Terms of Reference.
2. Early determination:Codifying longstanding ICC practice, there is now an express provision allowing the parties to apply for early determination of claims or defences on the grounds that they are:
(i) manifestly without merit or
(ii) manifestly outside the tribunal's jurisdiction (Article 30).
While this was previously possible under the general powers of the tribunal to conduct the arbitration in an expeditious and cost-effective manner (under Article 22 of the 2021 ICC Rules), the new provision is a welcome addition which provides clarity on when such an application is appropriate.
3. Expedited procedure:
Since its introduction in 2017, expedited procedure has proved to be popular. It provides for a simplified procedure for low value claims resulting in a decision within 6 months from the initial CMC. This procedure is now to be expanded, with the financial threshold for the automatic expedited procedure increasing from US$3 million to US$4 million for arbitration agreements concluded on or after 1 June 2026 (Article 32 and Appendix V). Parties may opt out of the expedited procedure.
4. Highly expedited procedure:
A new, faster "highly expedited arbitration provision" has also been introduced, allowing parties to opt in to receive a decision within three months from the initial CMC (Article 33 and Appendix VI). There is no set threshold or automatic application – this procedure only applies if all parties agree. The parties may also agree to have an award without reasons. However, the parties should think carefully before agreeing to an award without reasons as it may create enforcement issues in some jurisdictions.
5. Disclosure obligations
The new rules formalise existing arbitrator disclosure principles by introducing rules which require any doubt about whether to make disclosure to be resolved in favour of disclosure (Article 12). The new rules also confirm that disclosure does not in itself establish a lack of independence or impartiality. This is a welcome clarification to ensure that arbitrators always make as full a disclosure as possible.
Don't hesitate to reach out to our arbitration team to discuss how any of these changes may impact your arbitration agreements or potential ICC proceedings.
