Spotlight #25: The 2026 Revision of the ICC Arbitration Rules

Spotlight #25: The 2026 Revision of the ICC Arbitration Rules

The 2026 ICC Arbitration Rules, approved on 23 March 2026 and effective from 1 June 2026, substantially reshape the conduct of international arbitral proceedings. In this Spotlight, we set out the key changes and their practical consequences for businesses and States that opt for ICC arbitration, from our Paris-based firm Lead up avocats, specialising in international commercial and investment arbitration.

Five years after the 2021 Rules came into force, the ICC International Court of Arbitration is continuing its modernisation effort. The new Rules will apply to all requests for arbitration filed on or after 1 June 2026. Proceedings already under way under the 2021 Rules are not affected.

1. A faster and more flexible procedure

The Terms of Reference, until now mandatory in every standard ICC arbitration under Article 23 of the 2021 Rules, become optional. Parties and tribunals will remain free to use them where the complexity of the dispute warrants, but will no longer be required to draft them in every case. As a counterpart, no new claim may be introduced after the first Case Management Conference without the tribunal’s authorisation. This evolution mirrors the regime already applicable to the Expedited Procedure (Appendix VI of the ICC Rules), which provides for streamlined proceedings in disputes falling below a certain value threshold. The ICC has published further detail on this change in its ICC’s official publication on the Terms of Reference.

The monetary threshold for the Expedited Procedure is also raised from USD 3 million to USD 4 million. Moreover, the revision introduces a new “Highly Expedited” procedure, designed for urgent disputes requiring a final award even more swiftly than under the standard Expedited Procedure, available on an opt-in basis and capped at three months. It requires a fully front-loaded initial submission, with all facts and evidence presented from the outset, a sole arbitrator appointed within twenty days, and the option for the parties to agree on an unreasoned award. Joinder and consolidation are, furthermore, excluded.

2. Express recognition of early determination

The new “early determination” mechanism allows any party to ask the tribunal to dispose swiftly of a claim or defence that is manifestly without merit or manifestly outside the tribunal’s jurisdiction. After consulting the parties, the tribunal retains full discretion as to whether to entertain the application and adopts such procedural measures as it considers appropriate. This formal recognition is already familiar from other institutional rules. Its purpose is to prevent unmeritorious arguments from delaying proceedings and inflating costs.

3. Truncated tribunals and the time for award

Where an arbitrator dies or is removed after the last hearing or the last submission, the Court may now authorise the remaining arbitrators to complete the proceedings without appointing a replacement. Inspired by the UNCITRAL Model Law, this power prevents the re-running of arbitrations already at an advanced stage and thus avoids substantial additional costs for the parties.

The fixed six-month time limit for rendering an award, previously set by Article 31 of the 2021 Rules, is removed. Instead, the President of the Court will fix the time limit on a case-by-case basis, taking into account the procedural timetable or a reasoned request from the tribunal. This brings the rules into line with practice, where extensions were already routine in ICC arbitrations.

4. Independence, confidentiality and tribunal secretaries

To support arbitrators in their duty of disclosure, each party will be required to provide the Secretariat of the Court with a list of persons and entities that prospective arbitrators should consider, together with the reasons justifying that communication. Any doubt as to disclosure must be resolved in favour of disclosure. Notably, a disclosure does not, in itself, establish a lack of independence or impartiality. Full details are set out in the ICC’s official publication on arbitrator disclosure.

For the first time, the Rules expressly impose a duty of confidentiality on arbitrators themselves, mirroring the obligation that already applies to the Court and its Secretariat. Furthermore, the status of tribunal secretaries is formalised: appointment after consultation with the parties, the same independence, impartiality and confidentiality requirements as arbitrators, and a strict prohibition on any delegation of decision-making authority.

5. Interim measures and the emergency arbitrator

The emergency arbitrator procedure is enhanced through the express recognition of “preliminary orders”, that is, decisions issued before the other parties are notified, in order to safeguard the effectiveness of the measure sought. Once the order is granted, the other parties are immediately given the right to be heard, and the emergency arbitrator may then modify it in light of their submissions. This innovation thereby aligns the ICC with the UNCITRAL Model Law on International Commercial Arbitration.

Why it matters

The 2026 revision addresses two long-standing concerns of arbitration users: control of time and control of cost. The 2021 Rules had introduced piecemeal tools, such as remote hearings and the electronic signature of awards. However, the 2026 revision goes further by rethinking the procedural architecture as a whole.

For businesses and States currently negotiating or reviewing their ICC arbitration clauses, the 2026 revision warrants careful attention. Pending arbitrations under the 2021 Rules are not affected. Every new Request for Arbitration filed on or after 1 June 2026 will, however, be governed by the new text. Accordingly, reviewing existing clauses with specialist counsel is advisable in order to assess their scope in light of the new provisions.

This institutional modernisation echoes the ongoing French reform of arbitration law, the principal features of which Lead up avocats analysed in its Spotlight #14 on the overhaul of French arbitration law. Both reforms point in the same direction: greater procedural efficiency combined with stronger guarantees of independence and transparency.

How Lead up avocats can help

Lead up avocats, a Paris-based firm specialising in international commercial and investment arbitration, advises clients on the drafting and review of their ICC arbitration clauses, on the conduct of proceedings under the 2026 ICC Arbitration Rules, and on the strategic options opened up by the revision. To discuss the impact of these changes on your contracts or pending disputes, please visit www.leadup-avocats.com or consult our Expertises page.