2026 ICC Rules: Updates and changes to increase efficiency in arbitration

The International Chamber of Commerce (ICC) has published its updated arbitration rules, which enter into force on June 1, 2026. The 2026 ICC Rules of Arbitration (2026 Rules) introduce several changes aimed at modernization and efficiency. As with previous iterations, if a dispute is referred to arbitration under ICC arbitration rules without specifying a particular version, the 2026 Rules will govern all arbitrations commenced after June 1, 2026.

This update addresses three notable developments: (1) the monetary threshold for the Expedited Procedure Provisions will increase from US$3 million to US$4 million; (2) an entirely new Highly Expedited Arbitration Provisions regime which offers parties an even shorter time period to an award; and (3) arbitrator disclosure obligations, including fresh requirements for parties to identify relevant persons early in proceedings.

Expedited Procedures

Since their introduction in the 2017 Rules, the Expedited Procedure Provisions (EPP) have provided a streamlined process resulting in an award within six months following the first Case Management Conference. Unless the parties agree otherwise, the EPP apply automatically to any arbitration below the applicable monetary threshold at the time of commencement. That threshold, set at US$3 million since January 1, 2021, rises to US$4 million as of June 1, 2026. Parties may still opt into the EPP where the amount in dispute exceeds US$4 million.

Two important takeaways flow from this. First, parties who have not expressly excluded the EPP in their arbitration agreement should be aware that disputes under the new US$4 million threshold will be subject to expedited procedures by default. Some disputes below this value may be too complex or significant to suit the EPP framework. If your existing agreement does not carve out the EPP and the higher threshold is a concern, it is worth revisiting the arbitration clause before a dispute arises.

New Highly Expedited Arbitration Provisions

One of the most significant developments under the 2026 Rules is the introduction of the Highly Expedited Arbitration Provisions (HEAP). The HEAP offer parties the benefit of ICC institutional support targeting an award within three months following the first Case Management Conference. Key features of the HEAP (assuming no counterclaim) include:

• Parties must expressly opt into the HEAP;
• Proceedings commence with the Claimant filing a Request and Statement of Claim;
• The Secretary General must be prima facie satisfied based on what is delivered in the Request and Statement of Claim that a binding agreement to arbitrate under the HEAP exists before transmitting these materials to the Respondent (failing which, the matter will proceed under the EPP);
• The Respondent must submit its Answer within 30 days of receiving the Request and Statement of Claim;
• Joinder of additional parties and consolidation are not permitted;
• Unless the parties jointly agree on an arbitrator within 20 days of the Respondent receiving the Request and Statement of Claim, or agree otherwise, the ICC Court shall directly appoint the arbitrator;
• The arbitrator shall hold a Case Management Conference within seven days of receiving the file from the ICC Secretariat;
• The award must be rendered within three months of that Case Management Conference; and
• The parties may agree at any time that the HEAP no longer apply.

The HEAP present a compelling alternative to expert determination—particularly where parties want a more structured procedure or where uncertainty exists around how an expert might conduct proceedings. They could also serve as a substitute for a Dispute Resolution Board where a quick determination is needed, provided the HEAP timeline is workable and the broader ICC Rules framework (with the EPP as a backstop) offers an advantage. An additional benefit: using the HEAP in place of other mechanisms for faster determination keeps all dispute resolution under one institution and one set of rules across a complex agreement, simplifying strategy and approach. Taken together with the EPP, the HEAP give parties meaningful flexibility to pursue faster, more cost-effective outcomes.

Arbitrator independence and impartiality

Under the current rules, Article 11(2) requires prospective arbitrators to sign a statement of acceptance, availability, impartiality and independence, and to disclose any facts or circumstances that might call their independence or impartiality into question. Article 12(2) of the 2026 Rules adopts the same core requirement but adds a disclosure standard previously found only in the Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration: where a prospective arbitrator has any doubt about whether to disclose, it must be resolved in favour of disclosure. A complementary provision at Article 12(4) clarifies that disclosure does not, by itself, establish a lack of independence or impartiality.

The 2026 Rules also impose new obligations on parties. Under Article 12(5), each party must submit to the Secretariat a list of persons and entities that prospective arbitrators should consider when assessing potential conflicts, along with reasons for their inclusion. This requirement applies at the time of filing a Request, Answer, Request for Joinder, or related submission. Article 12(6) further requires parties to disclose promptly the existence and identity of any non-party funder that has an economic interest in the outcome of an arbitration. While these steps add a procedural requirement, they should promote more accurate and complete disclosures earlier in proceedings—at least to the extent of each party’s knowledge at that stage.

There are many other changes under the 2026 Rules, such as:

• Removing the requirement for Terms of Reference;
• Also removing the requirement for an award within six months of the last signature on the Terms of Reference, and instead requiring that such time limit be fixed by the President, taking into account the procedural timetable or requests by the tribunal (Article 34);
• Clearly stating that a party may apply for early determination of one or more claims or defences on grounds that the claim or defence is manifestly (a) without merit or (b) outside of the arbitral tribunal’s jurisdiction (Article 30(1)); and
• Setting out that if one of three arbitrators is removed or not able to continue, the matter may proceed with a truncated tribunal (Article 16(5)).

For a complete list of changes, the ICC has published a comparison to the former 2021 ICC Arbitration Rules. Please contact the authors, Rachel Howie and Michael Schafler, for more information.