On 1 June 2026, the International Chamber of Commerce’s (ICC) revised Arbitration Rules came into force. Prior to this, the Arbitration Rules were last updated five years ago. The latest changes follow a period of consultation, which gave practitioners and the wider arbitration community the opportunity to provide feedback before the ICC finalised the 2026 Rules.
The changes affect a number of areas of the arbitral process, with a focus on efficiency, transparency, and adapting to new technologies.
The ICC published several useful resources alongside the 2026 Rules, including a comparison of the 2026 and 2021 rules and an explanation of what the ICC views as the most significant changes.
The most notable changes include:
- Arbitrator independence and impartiality: The ICC has moved two provisions from a guidance note into the 2026 Rules themselves. Article 12(2) now provides that doubts a prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure, and Article 12(4) states that a disclosure does not, by itself, establish a lack of independence or impartiality. Article 12(5) also introduces a new requirement for parties, at the same time as filing their Request, Answer, Request for Joinder, Answer to a Request for Joinder or request for an extension of time for submitting an Answer, to provide a list of relevant persons and entities they believe the prospective arbitrators and arbitrators should consider and note why they are relevant.
- Confidentiality: Article 12(8) specifies that arbitrators shall keep all matters relating to the arbitration confidential unless otherwise in the public domain, agreed by the parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations. Confidentiality requirements, however, remain otherwise unchanged, and the parties retain flexibility to agree on confidentiality arrangements.
- Terms of Reference: The previous requirement for Terms of Reference to be drawn up has been removed. Whilst it is still possible that Terms of Reference may be used, the 2026 Rules focus on the importance of the initial case management conference (CMC) in determining the procedural measures that may be adopted (see Article 24).
- Early determination: Article 30 introduces new rules around early determination, providing that any party may apply for early determination of one or more claims or defences on the grounds that they are manifestly without merit, or that they are manifestly outside the tribunal's jurisdiction. Clear criteria for early determination are important in allowing parties the opportunity to obtain a quick determination of the case on the merits, saving both time and money.
- Emergency arbitration: The 2026 Rules update the emergency arbitration provisions, expanding their scope to apply not just to parties that are signatories of the arbitration agreement, but also to their successors and to any party for which the President of the ICC Court of Arbitration is satisfied, based on information in the application, that an arbitration agreement binding such party may exist. In addition, the 2026 Rules include provisions permitting a party to request a preliminary order directing another party not to frustrate the purpose of the application at any stage, including on an ex parte basis.
- Expedited procedure: Expedited procedure provisions were first introduced by the ICC in 2017. Whilst most features remain unchanged, the 2026 Rules include an increase in the threshold for the application of the expedited procedure provisions (now $4 million), and introduce new “Highly Expedited Arbitration Provisions.” These opt-in provisions require the final award to be issued within three months of the first CMC, thereby providing the potential for a faster dispute resolution process.
Commentary
According to the 2025 International Arbitration Survey conducted by Queen Mary University of London, arbitration remains the preferred method of resolving international disputes, with 87% of respondents indicating they favour international arbitration for the resolution of cross-border disputes.
Confidentiality, party choice, and flexibility continue to be among arbitration’s most-cited advantages. The ICC’s decision to leave confidentiality arrangements under the new 2026 Rules to the parties reflects a recognition that a one-size-fits-all approach may not suit the varied commercial contexts in which arbitration operates.
However, arbitration has faced increasing criticism for the cost and the time it frequently demands of parties. The 2026 Rules represent an attempt to address those concerns, for example by way of removing the mandatory requirement for a Terms of Reference. The shift to an optional model cuts out costs and places greater emphasis on the initial CMC as the primary forum for parties to align on issues and procedure.
Further, the introduction of Article 30 on Early Determination is also notable in relation to cost considerations. Although the mechanism has, in principle, been available under the previous rules, some practitioners have been reluctant to invoke it, and express codification is intended to encourage greater use. The choice of “manifestly” rather than “clearly” without merit or outside jurisdiction is deliberate — setting a high bar that favours questions of law over fact.
On expedited procedures, the novel change is the introduction of the Highly Expedited Arbitration Provisions. This opt-in mechanism front-loads the process and targets an award within three months of the first CMC. Under the Highly Expedited Arbitration Provisions, parties have the option to agree to an unreasoned award. The introduction of this mechanism appears to address the criticism that arbitration faces for its cost and time. Practitioners will watch with interest to see whether end users of arbitration will be confident to opt for an unreasoned award in the hope of securing cost efficiencies in the process.
The 2026 ICC Rules developments sit within a broader trend of institutions, including the London Court of International Arbitration, actively reviewing their own rules, with procedural efficiency becoming a meaningful point of competition for institutions.