Newsletter: Updated ICC Arbitration Rules enter into force on 1 June 2026

In recent weeks, the International Chamber of Commerce (ICC) has slowly revealed the changes introduced to its Arbitration Rules (2026 ICC Rules), which have now been published and will enter into force today, on 1 June 2026. Unless otherwise agreed by the parties, the 2026 ICC Rules will apply to any arbitration that is commenced on or after 1 June 2026.

In the following, we provide an overview of the key changes:

1. Arbitrator disclosure

The 2026 ICC Rules introduce targeted clarifications and enhancements relating to the disclosure obligations of arbitrators. As has become standard for arbitration rules, the 2021 ICC Rules contained a general duty for (potential) arbitrators to disclose any circumstances which might call into question their independence or could give reasonable doubts as to their impartiality (Article 11(2) of the 2021 ICC Rules). This duty is complemented in the 2026 ICC Rules by the following clarifications based on the ICC Court's long-standing practice:

• Article 12(2) stipulates that any "doubts the prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure".

• Article 12(4) clarifies that "disclosure does not, by itself, establish a lack of independence or impartiality".

In addition, Article 12(5) of the 2026 ICC Rules newly introduces a party obligation to proactively assist (potential) arbitrators in fulfilling their disclosure obligations by submitting a list of persons or entities which should be considered in the assessment of independence and impartiality of arbitrators. Importantly, these party-submitted lists do not shift the disclosure obligation away from the arbitrator but simply aim to complement the arbitrator's assessment.

2. No mandatory Terms of Reference

One of the most significant changes is the removal of mandatory Terms of Reference – a distinctive feature of ICC arbitration, which required the arbitral tribunal and the parties to sign and submit the Terms of Reference to the ICC Court within 30 days of the file being transmitted to the arbitral tribunal. Under the 2026 ICC Rules the Case Management Conference (CMC) now becomes the cornerstone for establishing the structure of the proceedings. The CMC must be held within 30 days of the file being transmitted to the arbitral tribunal.

Notably, after the initial CMC, no party may introduce new claims without the tribunal’s authorization. Parties must thus ensure that theirs claims (and counterclaims) are set out as fully as possible in their first submissions.

3. Expedited Procedure and Emergency Arbitrator Provisions

Already in 2017, the ICC introduced streamlined Expedited Procedure Provisions for certain smaller value disputes. Under the 2026 ICC Rules, the established framework remains unchanged. This includes the default appointment of a sole arbitrator, rendering an award within six months, shorter procedural timelines, limits on submissions, hearings and overall arbitration costs that are lower than in ordinary arbitral proceedings.

Under the 2026 ICC Rules, the monetary threshold for claims subject to the expedited procedure is further increased from USD 3m to USD 4m. This monetary threshold will only apply to disputes for which the arbitration agreement was concluded after 1 June 2026 (Article 1(3) of Appendix V).

In addition, several clarifications aimed at enhancing the efficiency of the Emergency Arbitrator Provisions are introduced:

• Article 1(2) of Appendix IV extends the personal scope of application of emergency arbitration proceedings to non-signatories if the President of the ICC Court is satisfied that based on the information in the application for emergency measures an arbitration agreement binding such party exists. This shall prevent undue limitations of access to urgent interim relief.

• Article 7 of Appendix IV expressly acknowledges preliminary orders, which may be requested and decided upon without notice to the other parties where notice would undermine the relief sought (e.g. asset dissipation or destruction of evidence). To ensure due process protection, the emergency arbitrator must immediately afford all other parties a reasonable opportunity to present their case and may then modify or revoke the preliminary order. However, enforcing a preliminary order in the event of non-compliance remains challenging in many jurisdictions, including Switzerland.

4. New: Highly Expedited Arbitration Provisions

The 2026 ICC Rules introduce in Appendix VI new Highly Expedited Arbitration Provisions (HEAP), which allows parties to opt-in to highly efficient proceedings resulting in a final arbitral award within three months from the initial CMC. The HEAP is intended for less complex disputes irrespective of their monetary value. Unlike the existing Expedited Procedure Provisions, HEAP does not automatically apply within a specific monetary threshold. Parties must expressly opt-in, either in their arbitration clause when drafting the contract or later after a dispute arises.

Disputes under HEAP are decided by a sole arbitrator and the process is "frontloaded" requiring claimant to submit the Statement of Claim with the Request for Arbitration and Respondent to submit the Statement of Defence with the Answer. Parties are also encouraged to submit supporting evidence early.

The arbitrator has broad discretion to keep the process fast. Parties should expect limited submissions, possible limits on witness evidence, possible exclusion of document production, and even a decision without a hearing.

A notable feature is that parties may agree to an award without reasons. While this may save time, parties should, however, consider any enforcement concerns, as in some jurisdictions – but not in Switzerland – the absence of reasons may create grounds to challenge or resist enforcement of the award.

5. Early determination

It has long been recognized under the ICC Rules that an arbitral tribunal may decide on certain claims or defenses brought by the parties before the final award, with guidance included in the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration. The arbitral tribunal's power for early determination is now formally stipulated in Article 30 of the 2026 ICC Rules.

Parties may apply for early determination of claims or defenses on the grounds that (a) they are manifestly without merit or (b) manifestly outside the arbitral tribunal's jurisdiction. Whether or not it uses its power for early determination remains, however, in the arbitral tribunal's full discretion. While the arbitral tribunal is in principle free to issue its decision in the form of an award or an order, any final disposal of a claim should be issued in the form of an award.

In its decision, the arbitral tribunal may consider the stage of proceedings and the need to ensure time and cost efficiency. This entails that any application for early determination should be made promptly since an application at a later stage may defeat the purpose of efficiency by adding unnecessary time and cost.

6. Other changes

Finally, the 2026 ICC Rules introduce the following changes:

• In line with modern arbitration practice, key written submissions should be filed electronically with the Secretariat, including the Request for Arbitration, the Answer, and any Request for Joinder (Article 3 of the 2026 ICC Rules). Filing can also be made via ICC Case Connect, ICC's digital platform for communications and document exchange.

• Arbitral tribunals are no longer generally expected to render the final award within six months from the Terms of Reference. As this time limit was often not followed in practice, Article 34 of the 2026 ICC Rules leaves it to the President of the ICC Court to fix the time limit based on the procedural timetable of the case.

• Newly introduced Article 12(8) of the 2026 ICC Rules now obliges arbitrators to maintain confidentiality. As this provision does not apply to parties, parties should consider agreeing on confidentiality obligations if desired and if no such obligations are contained in the laws applicable to the arbitration proceedings. This is, for example, the case for proceedings seated in Switzerland as Swiss arbitration law does not contain specific confidentiality provisions.   

Conclusion

The 2026 ICC Rules represent a modernization of ICC arbitration and particularly provide new attractive opportunities for parties who wish to have their dispute resolved as efficient as possible. With the increase of the threshold for the application of the Expedited Procedure Provisions to USD 4m, parties should consider opting out of the Provisions or reducing the threshold if they would prefer a three-member tribunal to govern their dispute rather than a sole arbitrator.

If you have any questions about the new 2026 ICC Rules, or if you would like to amend your standard arbitration clauses, please do not hesitate to contact our team at Wartmann Merker. We would be pleased to assist you.