The 2026 ICC Arbitration Rules, which enter into force on 1 June 2026, are designed to make ICC arbitrations more flexible, efficient and transparent. For businesses who use ICC arbitration as an alternative to litigation to determine contractual disputes, the changes are important in a number of respects. In this article, we review some of the key changes to the ICC Rules.
Expedited procedure
Perhaps the most significant change is the expanded application of the ICC Expedited Procedure. For arbitration agreements concluded on or after 1 June 2026, the monetary threshold for automatic application of the Expedited Procedure increases to USD 4 million unless the parties expressly opt out. This is subject to the ICC Court’s ability to determine that the Expedited Procedure is inappropriate in the circumstances and an alternative fee scale. In practice, this may pull a larger share of commercial disputes into a fast‑track regime that may involve a sole arbitrator, limits on submissions and evidence, and a six‑month time limit from the initial CMC for rendering the final award, subject to extension.
Highly Expedited Arbitration
A new, opt‑in “Highly Expedited Arbitration” track is available where all parties agree, irrespective of quantum. It features a sole arbitrator, accelerated timetables from the outset and a final award that must be rendered within three months of the initial case management conference (CMC), unless the President extends the time limit. Parties may agree to an award without reasons, which can reduce time and cost in appropriate cases.
Terms of Reference, new claims, and time limits
The 2026 Rules remove the mandatory requirement to draw up Terms of Reference in ICC arbitrations. The first CMC instead becomes the key scoping exercise and must be held within 30 days from the tribunal receiving the file from the ICC Secretariat, subject to extension by the ICC Secretary General. After the initial CMC, no new claims may be introduced without the tribunal’s authorisation. Time limits for the final award are no longer tied to the Terms of Reference; instead, the President of the ICC Court fixes—and may extend—time limits by reference to the procedural timetable or a reasoned request from the tribunal.
Emergency measures
The 2026 Rules refine the emergency arbitration mechanism. Applications can now, in defined circumstances, proceed against non‑signatories where there is a prima facie basis that they may be bound by an arbitration agreement, and preliminary orders are expressly recognised (including, where appropriate, on an ex parte basis) with safeguards to give affected parties a prompt right to be heard.
Arbitrator disclosure
The 2026 Rules clarify arbitrator disclosure practice while also introducing a new practical feature in which each party must, at the time of the relevant filing or request for an extension of time for submitting an Answer, submit to the ICC Secretariat a list of persons and entities it believes arbitrators should consider in making disclosures, together with the reasons for including them. The arbitrator remains ultimately responsible for disclosures.
Early determination
The 2026 Rules introduce an express early determination mechanism, enabling a party to apply for early determination of claims or defences that are manifestly without merit or manifestly outside the tribunal’s jurisdiction. The Rules also retain and refine the additional award mechanism for claims presented in the arbitral proceedings but omitted from the award, with updated timing and procedural provisions.
Implications for ICC arbitration users
The implications of the changes introduced by the 2026 ICC Rules are clear:
- A higher default to expedited cases, involving disputes of USD 4 million or less, unless the parties expressly opt out. This is subject to the Court’s ability to determine that the Expedited Procedure is inappropriate in the circumstances and an alternative fee scale. ICC arbitration users would be wise to update their standard ICC clause library to reflect the higher expedited threshold for agreements and decide, by dispute type, whether to opt out.
- The possibility, where all parties agree, to opt in for a three‑month route to an award. ICC arbitration users should consider whether to include an opt‑in for Highly Expedited Arbitration in appropriate contracts—and whether to allow awards without reasons—having assessed any enforcement sensitivities in key jurisdictions. They should also bear in mind that the three‑month time limit is subject to extension by the President.
- Removal of mandatory Terms of Reference and tighter, timetable‑aligned oversight of award deadlines. With Terms of Reference no longer mandatory and award deadlines fixed by the ICC Court President by reference to the procedural timetable, parties should plan early case management carefully and, where a detailed scoping document would assist, consider adopting one by consent.
- Clearer and more flexible emergency measures. The refined emergency arbitrator provisions broaden access in defined cases (including limited recourse against non‑signatories) and recognise preliminary orders, subject to prompt hearing safeguards; parties should consider whether their standard clauses and escalation steps need updating to reflect this.
- New tools to promote efficiency and modernisation. Early determination may provide a route to dispose of claims or defences that are manifestly without merit or manifestly outside the tribunal’s jurisdiction.
For more information, please contact Emma Keegan, Barry Cahir, Thomas O'Dwyer, John Gaffney, or your usual contact within Beauchamps LLP.