Modernizing disputes: ICC updates Arbitration Rules

The International Chamber of Commerce (ICC) is a global business organization with a network that reaches more than 170 countries and 45 million businesses. The ICC International Court of Arbitration is one of the preferred arbitral institutions in the world, and has been helping to resolve commercial and business disputes for nearly a century.

The ICC released its updated 2026 Arbitration Rules on May 22, 2026. These Rules replace the prior version of the Rules (in place since 2021) and apply to cases received by the ICC International Court of Arbitration on or after June 1, 2026.

The main objectives of the 2026 amendments are to enhance efficiency, clarity, and usability. We highlight the most significant changes below.

What you need to know

• The International Chamber of Commerce’s 2026 Arbitration Rules apply to all cases received by the ICC International Court of Arbitration on and after June 1, 2026.
• The amendments will be welcome to frequent users, focused on ensuring that ICC arbitrations meet the needs and pace of the global business community. Among other things, the new Rules:
  • incorporate common practices that digitize and streamline communications and hearing procedures;
  • reinforce and expand the utility of emergency arbitration, providing parties with a meaningful way to deal with urgent disputes; and
  • introduce a new “Highly Expedited Arbitration” option where cases are resolved within three months.

Incorporating common arbitration practices

The new ICC Arbitration Rules, the full set and appendices of which are available on their website, introduce several provisions aimed at codifying common arbitration practices. They stipulate, for example, that written communications be made electronically unless a party requests confirmation of receipt or delivery of hard copies (Article 3); that it is no longer mandatory to prepare formal Terms of Reference for the Tribunal; and that awards can be signed by a Tribunal electronically and in counterparts (Article 38). These new provisions align with the prevailing approach that parties have taken for many years, and will be welcome to frequent users.

The new Rules also weigh in on arbitrator disclosure. Article 12 now stipulates that any “doubts the prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure”, while reiterating that “disclosure does not, by itself, establish a lack of independence or impartiality”. Similarly, Article 30 now allows a party to apply to the arbitral tribunal for early determination that one or more claims or defences are manifestly without merit or manifestly outside of the arbitral tribunal’s jurisdiction.

Enhancing emergency arbitration

The 2026 Arbitration Rules offer helpful clarification and enhancement of emergency arbitration, expressly permitting preliminary orders within emergency arbitrator proceedings. Under the Emergency Arbitrator Provisions, a party may, at any stage of an emergency arbitration proceeding, request a preliminary order directing another party not to frustrate the purpose of the application. The scope of emergency arbitration is also extended. Under the new Rules, emergency relief may be sought against parties that are signatories to the arbitration agreement upon which the application is based, their successors, or any party for which the President is satisfied, based on information in the application that an arbitration agreement binding such party may exist. Ex-parte applications are also available where circumstances require. Meanwhile, there are procedural safeguards in place to ensure due process. For example, an emergency arbitrator must “immediately” afford all other parties a reasonable opportunity to present their case and may modify a preliminary order (Article 31 and Appendix IV).

Streamlining processes

The 2026 Arbitration Rules increase the threshold of the Expedited Procedure. Application of the Expedited Procedure Provisions now starts at US$4 million, compared with the previous threshold of US$3 million (Article 32 and Appendix V).

The 2026 Arbitration Rules also introduce a new process for Highly Expedited Arbitration. Highly Expedited Arbitration is optional and requires joint agreement of the parties. Under the Highly Expedited Arbitration provisions, the ICC Court will appoint a sole arbitrator (unless the parties agree on an appointment) who can then decide the case solely on a documentary record, and is empowered to disallow or limit requests for documentary production. The arbitrator must render his or her final award within three months from an initial case management conference, and the parties can agree to receive an award without reasons for the decision (Article 33 and Appendix VI).

What remains unchanged

Some key principles remain unchanged but are slightly updated in the 2026 Arbitration Rules to ensure fairness and efficiency. For example, case management conferences continue to be mandatory, and one must be held within 30 days from the arbitral tribunal’s receipt of the file. While the procedural timetable and its modifications were communicated to the ICC Court and the parties, the new Rules require communication to the Secretariat and the parties (Article 24). The new Rules continue to restrict parties from making new claims. Under Article 25, no party may make new claims unless authorized by the arbitral tribunal. Likewise, obligations of disclosure, confidentiality, impartiality, and independence remain, with the Rules slightly modified to provide additional guidance and assistance for the arbitral tribunal to fulfill these obligations (Articles 12 and 44).

Torys’ international arbitration team will continue to monitor the application of the new Rules in practice and provide prompt updates.