The new rules introduce greater flexibility and adaptability for users, while equipping tribunals and parties with enhanced procedural tools. These include expanded mechanisms for applications, emergency proceedings and interim relief, all of which are likely to improve procedural control. By formalising procedural applications that were previously informal, the Rules should enable earlier, more predictable cost consequences, reducing the need for retrospective cost arguments at the end of proceedings.
Taken together, these changes aim to modernise ICC arbitration by enhancing flexibility, efficiency and procedural control. They shift responsibility towards earlier case definition and empower tribunals to manage proceedings more proactively, in line with other international arbitration institutions.
For ICC users, the key takeaway is the need to front-load preparation: clearly articulated claims, early strategic decisions on procedure and careful consideration at contract drafting stage (including ensuring parties are aware of what procedures are opted into or out of) will be increasingly important under the 2026 Rules.
Removal of Terms of Reference
- The most significant procedural change is the removal of mandatory Terms of Reference (TOR) – Article 24(1). Previously, the TOR was the vehicle by which the dispute scope was defined. Now, tribunals are no longer required to issue a TOR.
- This change means there is no longer a formal mechanism ‘locking in’ the dispute’s scope. Instead, greater importance is placed on the scope of the dispute, as set out in the initial pleadings, and PO1, which is, in any event, the ‘roadmap’ for the procedural elements of the dispute.
Practical implications:
- Claims and defences must be clearly set out from the outset.
- Increased procedural importance for the first CMC and PO1.
- Front-end procedural costs may be reduced.
- Late amendments or new claims may be barred.
Early Determination and Expedited Procedures
- The 2026 Rules introduce an early determination process for claims that are manifestly without merit or outside tribunal jurisdiction – Article 30. The expedited procedure threshold also increases from USD 3 million to USD 4 million – Article 1 of Appendix V, and a new Highly Expedited Procedure has been introduced to resolve suitable disputes on significantly shortened timelines – Article 33.
- These developments are intended to streamline proceedings and encourage proportionate dispute resolution.
Practical implications:
- Parties must consider procedural options (opt in and opt out) at contract drafting stage.
- Claims must be properly substantiated from the outset.
- Shorter timetables and fewer procedural steps will be available for appropriate cases.
- Legal costs may be reduced for simpler disputes.
- Emergency relief may be more accessible.
Expanded powers for Emergency Arbitrators (EAs)
EAs are now permitted to make orders to prevent a party from taking steps which could frustrate the purpose of the application being made without notice, where previously both parties had to be heard – Article 7(1), Appendix IV.
Practical Implications:
- Tighter control over guerilla tactics.
Arbitrator Independence and Disclosure
- Requirements relating to arbitrator independence and impartiality have been formalised within the Rules – Article 12(5) and (6). Arbitrators are expected to provide more comprehensive disclosures, and parties must submit lists of relevant persons or entities for consideration in those disclosures.
Practical implications:
- More robust disclosure processes memorialised.
- Reduced risk of later challenges to arbitrators.
- Potential increase in upfront legal costs associated with disclosure process.
Other Key Changes
- Greater reliance on electronic communications – Article 3(1), including electronic signing of awards – Article 38(1).
- Encouragement to use centralised case management platforms such as ICC Case Connect.
- More flexible timelines for issuing final awards, replacing the rarely observed six-month period – Article 34.
- Formal recognition of the role and requirements of tribunal secretaries – Article 44.
