Streamlining ICC Arbitrations: Key Updates to the ICC Rules

Why should I read this?

On 1 June 2026, revised ICC Arbitration Rules (the “2026 Rules”) came into force, replacing the 2021 edition. The 2026 Rules apply to any arbitration commenced on or after 1 June 2026, unless the parties have agreed otherwise.

The updates form part of the ICC’s continued effort to modernise arbitral procedure. In particular, they place greater emphasis on efficiency, early case management and streamlined processes.

The introduction of the ICC’s 2026 Rules marks the first of two major updates to institutional arbitration rules highlighted in our May 2026 briefing. The LCIA's consultation on potential changes to its rules has now closed, but it explored similar themes to those addressed in the ICC's 2026 Rules. Parties arbitrating under the LCIA Rules can therefore expect comparable changes to be implemented in the coming months.

What should I do?

• Plan your procedural proposals early - the initial case management conference (CMC) now replaces the Terms of Reference as the first procedural milestone. Parties should be ready to set out their case and procedural proposals at an early stage.
• Set out all claims up front - parties must raise all claims before the initial CMC and new claims cannot be introduced after this point without tribunal permission. Early case assessment is critical.
• Consider early dismissal options - a new early determination procedure allows tribunals to dismiss claims or defences that are manifestly without merit or outside the scope of the Tribunal’s jurisdiction at an early stage. This can reduce time and cost in certain cases.
• Review your arbitration clauses - the threshold for the expedited procedure has increased to $4 million, and a new “highly expedited” process is available, subject to party agreement. These options should be considered at the contract drafting stage.
• Check funding arrangements - parties must disclose any third-party funding at the outset. Funding agreements should reflect this requirement.
  Plan for urgent scenarios - expanded emergency arbitrator provisions may provide additional protection where urgent interim measures are required.

What do I need to know about these changes?

A more streamlined start to proceedings

One of the most significant changes is the abolition of the Terms of Reference. Under the previous ICC rules, this was a formal document setting out key elements of the dispute and required agreement by the parties and the tribunal.

The 2026 Rules remove this step entirely. Instead, the tribunal must hold an initial CMC within 30 days of receiving the file from the Secretariat.

This is expected to reduce formality and delay at the early stages of an ICC arbitration. However, it also means that parties will need to be prepared to engage substantively on procedural issues at an earlier stage, as the CMC will now set the timetable and procedural framework for the arbitration.

Earlier deadline for additional claims

Reflecting the increased focus on early case management, the cut-off for new claims is now linked to the initial CMC. No new claims may be introduced after that point without the tribunal’s authorisation. In deciding whether to allow new claims, the tribunal will consider factors such as the nature of the claim, the stage of the proceedings and any cost implications.

In practice, this is likely to limit late-stage expansion of disputes and reinforces the need for thorough preparation at the outset.

Early determination of claims

The 2026 Rules introduce an express mechanism for the early determination of claims or defences that are manifestly without merit or outside the tribunal’s jurisdiction.

This gives tribunals a stronger basis to dispose of unmeritorious claims at an early stage. It also aligns the 2026 Rules more closely with other arbitral institutions that have adopted similar procedures.

Quicker routes to resolution

The 2026 Rules expand the availability of expedited procedures.

The threshold for the existing expedited procedure has increased to US$4 million for arbitration agreements concluded on or after 1 June 2026. A broader range of disputes may now fall within the expedited regime.

Additionally, a new “highly expedited” arbitration is available, subject to party agreement. Under this procedure, the dispute is decided by a sole arbitrator and the final award must be issued within three months of the initial CMC. This may be a useful tool for parties dealing with lower-complexity disputes where a quick resolution is the priority.

Funding transparency

The 2026 Rules require parties to disclose the existence and identity of any third-party funder with an economic interest in the outcome of the arbitration at the outset of the proceedings.

This obligation is designed to assist arbitrators in complying with their duties of independence and impartiality. Parties using third-party funding should ensure that disclosure can be made promptly and without restriction.

Strengthened emergency arbitrator provisions

The emergency arbitrator regime has been expanded in a number of respects. In particular, its scope has been broadened to cover additional parties in certain circumstances, and it is now available in relation to certain investment-law disputes. The introduction of preliminary orders also allows a party to seek urgent relief to prevent the opposing party from frustrating the purpose of an application, including on an ex parte basis (subject to later challenge).

Other developments

The 2026 Rules also include a number of further updates:

• Arbitrators are now subject to an express confidentiality obligation.
• The ICC Court’s scrutiny of awards expressly considers validity and enforceability.
• Tribunals may use electronic means for signing and notifying awards.
• The 2026 Rules continue to support virtual and hybrid hearings.

The full copy of the 2026 Rules, alongside a version comparing them to the 2021 rules, can be found here.