The International Chamber of Commerce (ICC) has approved a revised set of arbitration rules (the 2026 Rules), which came into force on the 1st of June 2026, and apply to all arbitrations commenced from that date. The revisions followed an extensive development process, and represent a significant update to ICC arbitration, which places a clear focus on efficiency, flexibility, and effective case management.
In this article, Tim Constable and Jack Dunne analyse the key updates introduced by the 2026 Rules and discuss their implications for ICC arbitration users.
What are the key changes?
Abolition of mandatory Terms of Reference
Arguably the most notable revision is the removal of the mandatory Terms of Reference (ToR), which had long been a defining and distinctive feature of ICC arbitration.
Under the previous ICC arbitration rules (the 2021 Rules), the ToR served as a formal document to:
- record the parties’ agreement to arbitrate,
- address any jurisdictional issues,
- capture key procedural agreements,
- define the scope of the dispute, and
- mark the point at which new claims could be introduced.
While they were intended to provide structure, the practical value of the ToR has diminished over time, and they have been criticised for introducing additional negotiation, cost, and delays in proceedings.
The 2026 Rules have replaced this requirement with a greater emphasis on the initial Case Management Conference (CMC), which remains mandatory under Article 24 of the 2026 Rules.
The Tribunal’s Procedural Order no.1 and Procedural Timetable, emerging from the CMC, will record the key elements of the claim previously captured by the ToR. Furthermore, Article 25 of the 2026 Rules marks the CMC as the point after which no party may introduce new claims without the Tribunal’s authorisation.
Formal introduction of Early Determination Applications
Article 30 within the 2026 Rules introduces a new type of procedural application previously only addressed in ICC practice notes, namely, an application for Early Determination of claims or defences.
As a result of this introduction, any party may apply to the Tribunal for early determination of claims or defences that are:
- “manifestly without merit”; or
- “manifestly outside the arbitral tribunal’s jurisdiction”.
The Tribunal retains discretion as to whether it shall allow such an application to proceed and, if it does, must adopt appropriate procedural measures after consulting the parties to manage it.
While similar mechanisms have existed in other institutions, and the ICC’s practice notes, its formalisation in the 2026 Rules provides a clear basis for parties to challenge unmeritorious claims or defences, and marks a significant shift towards positive case filtering.
Expansion of Expedited Procedure Provisions
Expedited Procedure Provisions were introduced under the 2021 Rules to resolve lower value disputes in an efficient manner. The scope of these has been expanded under the 2026 Rules to further promote efficiency in ICC arbitration.
Whilst the existing framework remains largely unchanged, a key update is the revision of the monetary threshold for automatic application of the expedited procedure, from USD $3 million to USD $4 million. Given the ICC reported that over 40% of its cases in 2025 had a value of less than USD $4 million, the new change will significantly broaden the range of disputes eligible for this procedure.
The 2026 Rules have also introduced Highly Expedited Arbitration Provisions (HEAP), which parties may opt into (all parties must do so for it to be used). The process is designed for low-complexity commercial disputes requiring speedy resolution, and accelerates the procedure by requiring that parties front-load their cases. Importantly, the procedure can apply to disputes of any financial magnitude.
Strengthened Arbitrator Disclosure Obligations
The 2026 Rules have also clarified the arbitrators’ disclosure obligations, reflecting the ICC’s goal to reinforce confidence in arbitral independence and impartiality.
While the 2026 rules maintain disclosure obligations under which prospective arbitrators must disclose any circumstances that might call into question their independence, they also codify two principles previously articulated in ICC notes only. These are:
- Any doubts as to whether a prospective arbitrator should make a disclosure must be resolved in favour of disclosure (Article 12(2) of the 2026 Rules).
- Disclosure alone does not establish a lack of independence or impartiality (Article 12(4) of the 2026 Rules).
The 2026 Rules also require enhanced party engagement in the disclosure process. The parties must, at the outset, provide a list of relevant persons and entities it believes the arbitrator should consider. These lists will complement the arbitrator’s own independent assessment, and should reduce the risk of impartiality issues arising after the arbitrator has been appointed.
What this means for ICC arbitration users
The 2026 Rules materially change the way in which ICC arbitrations will be conducted and have strategic and operational implications on parties involved, including:
- A shift to front-loaded dispute preparation – with the removal of the ToR and the central role of the CMC, parties will need to develop arbitration strategies to ensure that cases are set out more fully at the outset. Further, it may be more difficult to introduce late amendments to statements of case.
- Greater access to faster arbitration – the expansion of Expedited Procedure Provisions and introduction of HEAP, means that a larger proportion of disputes will be resolved under a time and cost-efficient streamlined process. Parties should proactively consider whether disputes are suitable for these procedures.
- Increased risk of early dismissal of claims – the codification of early determination provides Tribunals with a basis to dispose of weak claims and defences at an early stage. Parties must therefore undertake a robust legal and factual analysis before commencing arbitration, as weak positions are more likely to be challenged and dismissed.
- Greater certainty on arbitrator independence – greater arbitrator disclosure obligations will reduce the likelihood of late-stage challenges to arbitrator independence and improve confidence in the Tribunal’s impartiality. However, the requirement for party-driven conflict identification means that internal information gathering and conflict gathering by the parties to arbitration will play a more prominent role at the outset of proceedings.
- More active case management – the greater weight placed on the Tribunal’s Procedural Order no.1 and Procedural Timetable signals a move towards more interventionalist Tribunals, with greater control over procedural timetables, the scope of issues, and admissibility of claims. Going forward, parties may therefore have less flexibility to prolong proceedings or adopt delay strategies.
Next steps
Parties with existing or prospective ICC arbitration clauses should review their dispute resolution provisions in light of the 2026 Rules. In particular, they should consider whether contracts should expressly address the use of Expedited procedure Provisions or HEAPs, and whether any internal processes need to be updated to ensure that claims, counterclaims, jurisdictional objections, and potential conflicts are identified at an early stage.
For parties involved in current or anticipated ICC arbitrations, the key practical step is to front-load preparation. The initial CMC will now carry greater procedural significance; so parties should be ready to robustly articulate their claims and defences, assess any early determination arguments, and engage proactively with the Tribunal from the outset.
How can we help?
Contact our Commercial Disputes team for more information about how these changes may affect you. Our team of lawyers are experienced in international disputes and arbitrations, and can support in understanding and traversing the changes taking place to ICC arbitrations.
Jack is a Trainee Solicitor in our Commercial Disputes team. Jack studied LLB Law with European Legal studies at Newcastle University, with a year in Barcelona at Universitat Pompeu Fabra.... Read More
Tim Constable is a partner in our Commercial Disputes team and has over 30 years’ experience in domestic and international commercial disputes. Tim represents clients in the financial, professio... Read More
