The new version of the Rules of Arbitration of the International Chamber of Commerce (“ICC”) entered into force on June 1, 2026 and applies to arbitral proceedings commenced on or after that date. The amendments do not represent a break from the previous framework, but rather reflect a clear trend in international arbitration: the pursuit of more efficient, predictable and transparent proceedings. Among the new features, we highlight the following.
a) Expedited Procedure Provisions: The Expedited Procedure Provisions shall, as a rule, automatically apply to disputes of up to USD 4 million, increasing the previous threshold of USD 3 million (Appendix V, Article 1(3)). Under this procedure, the Court may appoint a sole arbitrator even if the arbitration agreement provides otherwise, and the arbitral award must be rendered within six months from the initial case management conference (Appendix V, Articles 2(1) and 4).
b) Highly Expedited Arbitration Provisions: The new Rules also introduce the Highly Expedited Arbitration Provisions, which is conducted by a sole arbitrator and applies only upon the parties’ specific agreement. Under this procedure, the time limit for rendering the final arbitral award is even shorter: three months from the initial case management conference (Appendix VI, Articles 4(1) and 7(1)). This mechanism may be useful in disputes where delays may cause significant financial harm, such as those involving continuing-performance contracts, infrastructure projects, construction, energy, technology and supply chains.
c) Early determination: Another relevant amendment is the express incorporation of the early determination mechanism. The tribunal may decide, in an expedited manner, claims or defences that are manifestly unmeritorious or outside its jurisdiction (Rules, Article 30). In such cases, early determination may narrow the scope of the arbitration and, consequently, reduce its duration and costs.
d) Terms of Reference: The 2026 Rules also change the role of the Terms of Reference, the document that defined the scope of the arbitration, including the parties’ claims and the issues to be decided, and which had previously been mandatory. Under the new version, the initial case management conference will assume this function, serving as the cut-off point for the submission of new claims (Rules, Article 25).
e) Duty to disclose: The new Rules also incorporate provisions such as the arbitrators’ duty, where in doubt as to whether certain information should be disclosed for conflict purposes, to decide in favour of disclosure. In addition, the parties are required to submit, in their first submissions, a list of persons and entities to be considered by prospective arbitrators for disclosure purposes (Rules, Articles 12(2) and 12(5)).
f) Emergency arbitrator: The Rules clarify and expand the circumstances in which urgent measures may be requested in emergency arbitrator proceedings. The new rules allow, in certain circumstances, measures to be sought also against parties in relation to whom the President of the ICC Court is satisfied that a binding arbitration agreement may exist (Appendix IV, Articles 1(2) and 1(7)). This amendment seeks to preserve access to urgent relief in complex contractual or corporate structures, without prejudging the final determination on jurisdiction, which will remain reserved to the arbitral tribunal. Preliminary orders are also now expressly permitted, including without prior notice to the opposing party where the circumstances so justify, while preserving due process guarantees at a subsequent stage (Appendix IV, Article 7).
Final remarks: practical implications
In practical terms, the amendments call for attention both in the drafting of arbitration clauses and in the conduct of ICC proceedings.
At the contractual stage, it will be important to assess whether certain mechanisms should be expressly excluded or incorporated, particularly the Expedited Procedure Provisions and the new Highly Expedited Arbitration Provisions. This assessment should take into account the nature of the contract, the expected complexity of potential disputes and the need for broader evidentiary production, especially in light of the shorter time limits applicable to these procedures.
As regards the arbitral proceedings themselves, case preparation from the outset becomes even more important, given the increased relevance and centrality of the initial case management conference, the restriction on submitting new claims after that conference and the possibility of early determination.
