NEW ICC RULES FROM 1 JUNE 2026

Introduction

ICC has a leading role among the arbitration institutions, illustrated by its 894 new cases in 2025 involving 2531 parties from 147 states with arbitrations seated in 123 cities across 70 countries. The 2026 changes aim to enhance efficiency, clarity and usability. The revised 2026 Rules will apply to cases that are commenced as of 1 June 2026.

Terms of Reference no longer mandatory

One of the key features of ICC arbitrations has been the Terms of Reference, however, under the 2026 Rules, the Terms of Reference are no longer a mandatory step in ICC arbitrations. Although it will still be possible to establish them if deemed useful, this is no longer a requirement. Based on our experiences, we hope that this change will contribute to expedite the proceedings in many cases.

The 2026 ICC Rules place greater emphasis on the initial Case Management Conference (CMC). Furthermore, the new Article 25 of the 2026 Rules provides that, following the first CMC, no party may introduce new claims unless authorised by the tribunal.

Changed threshold for when the expedited procedure applies

The use of expedited procedures is increasing, as many leading arbitration institutions have included rules for fast-track arbitration. The ICC’s expedited procedure has increased efficiency with the default appointment of a sole arbitrator, shorter procedural timelines, limits on submissions and hearings, and an award within six months from the date of the initial CMC. Over 1,000 cases have been administered under the ICC’s expedited procedure.

In the 2026 Rules, the ICC has raised the threshold for the automatic application of the expedited procedure from US 3 million to US 4 million for arbitration agreements concluded on or after 1 June 2026. All other established procedural features of the ICC’s expedited procedure remain unchanged.

For arbitration agreements concluded on or after 1 March 2017 and before 1 January 2021, the threshold is still US 2 million. For arbitration agreements concluded on or after 1 January 2021 and before 1 June 2026, the threshold is still US 3 million.

We stress that the parties remain free to agree to opt out if the case falls within the automatic application, cf. Article 1 of Appendix V of the 2026 Rules. In practice, we have seen increased use of the expedited procedure among parties who have chosen to opt in, where the amounts in dispute exceed the applicable threshold.

A new optional highly expedited procedure

The 2026 Rules introduce a new opt-in highly expedited procedure, which provides for a final award to be issued within three months of the first CMC. It is meant to meet the need for a quick resolution of certain disputes, or a discrete issue in dispute, regardless of the amount in dispute.

Under the new optional highly expedited procedure, disputes will be resolved by a sole arbitrator, who has the discretion to decide the case solely on documents, rather than holding a hearing, and may decide not to permit document requests. The initial submissions are front-loaded, with the requirement that the Request for Arbitration also include a Statement of Claim, and the Answer also include a Statement of Defence, both supported by evidence and legal authorities.

According to the 2026 Rules, this means that the award shall be rendered within less than 4.5 months after the arbitration was commenced, as the Respondent has 30 days to submit its combined Answer/Statement of Defence, and the award shall be rendered within three months after the initial CMC. We are excited to see how this new option will be welcomed by parties.

No default time limit for rendering the final award

The 2026 Rules no longer specify a fixed time limit for rendering the final award. Pursuant to Article 34 of the 2026 Rules, the President of the ICC Court shall fix the time limit, or subsequently extend the time limit, for rendering the final award. This replaces the previous wording regarding the default time limit of six months from the last signature of the Terms of Reference.

In our view, the new rule enhances clarity and usability as the default time limit was rarely applied in practice. The complete statistics for 2025 have not yet been published by the ICC, but the ICC’s statistics for 2024 show that the average duration from the commencement of the arbitration was 26 months and the median duration was 22 months. That said, we expect most arbitrations will continue to adhere to time limits aligned with the procedural timetable, as was already the common practice under previous editions of the Rules.

Compared version of the 2021 and 2026 Arbitration Rules

The ICC has made a compared version of the 2021 and 2026 Arbitration Rules highlighting the amendments to the 2026 Arbitration Rules, which may be found here.