The Executive Committee of the International Chamber of Commerce (“ICC”) approved, on 23 March 202611, the revised version of the Rules of Arbitration (“Rules”), which will enter into force on 1 June 2026 and will apply to requests for arbitration submitted from that date onwards.
The launch is scheduled for the period of April and May 2026, with subsequent amendments to the Schedule of Costs and the rules on Appointing Authority, Mediation Rules and Expert Rules also anticipated.
The new Rules follow the previous update, which entered into force in January 2021, and reflect the ongoing evolution of arbitral practice. The revision aims to enhance procedural efficiency, ensure the clarity of the Rules and incorporate community practices, while maintaining the flexibility and adaptability of the proceedings.
Some of the key changes that have already been announced are highlighted below:
a) Terms of Reference and New Claims
Following the provision already in place for Expedited Arbitration, the Terms of Reference will no longer be mandatory for all proceedings, although their use will remain possible. No new claim may be submitted after the first Case Management Conference (CMC) without the authorization of the arbitral tribunal.
b) Early Determination
Any party may request the arbitral tribunal to make an early determination of one or more claims or defences where such claims or defences are manifestly without merit or manifestly outside the jurisdiction of the tribunal. The arbitral tribunal shall determine, at its discretion, whether to allow the request to proceed and, if so, shall adopt such procedural measures as it considers appropriate, after consulting the parties.
c) Truncated Tribunals
After the last hearing or the filing of the last submissions, whichever occurs later, instead of replacing an arbitrator who has died or been removed by the Court, the Court may decide, where it considers it appropriate, that the remaining arbitrators shall continue the arbitration. In making such determination, the Court shall take into account the views of the remaining arbitrators and the parties, as well as any other matters it considers relevant.
d) Emergency Arbitration — Preliminary Orders and Conditions of Applicability
The new Rules expressly recognize the possibility of preliminary orders in the context of emergency arbitration proceedings. A party may, at any stage of the proceedings, request a preliminary order from the emergency arbitrator prior to the notification of the other parties, in order to preserve the purpose of the application. If the preliminary order is granted, the emergency arbitrator shall immediately afford all other parties the right to be heard and may modify the preliminary order.
The emergency arbitration rules shall apply to parties that are signatories to the arbitration agreement, their successors and those parties in respect of which the President determines that a binding arbitration agreement exists.
e) Expedited Arbitration
The Rules for Expedited Arbitration shall apply to proceedings with an amount in dispute of up to USD 4,000,000.00, replacing the current threshold of USD 3,000,000.00 under the existing Rules. There is a special provision for arbitrations seated in Brazil, where the threshold is lower, at R$ 12,800,000.00 (twelve million eight hundred thousand reais).
In addition, the new Rules will introduce provisions for “Highly Expedited” proceedings:
(i) opt-in format;
(ii) three-month duration;
(iii) front-loaded initial submissions with full presentation of facts and evidence;
(iv) initial screening decision by the Secretary-General;
(v) no possibility of consolidation or joinder of additional parties;
(vi) shorter time limits;
(vii) sole arbitrator to be agreed upon by the parties within 20 days or, failing agreement, appointed by the Court;
(viii) arbitrator with powers to determine the procedure (document production, hearings, etc.);
(ix) parties may agree on an unreasoned award (a matter which, under Brazilian law, would be limited by the Arbitration Act).
f) Independence and Impartiality of Arbitrators
To assist arbitrators in fulfilling their duty of disclosure, for the purposes of meeting the requirements of independence and impartiality, each party shall submit to the ICC Secretariat a list of persons and entities that it believes prospective arbitrators should consider, together with the relevant reasons.
Any doubts an arbitrator may have as to whether or not to disclose a fact should be resolved in favour of disclosure. On the other hand, a disclosure, in and of itself, does not establish a lack of independence or impartiality.
g) Written Communications — Preferably Electronic
To formalize an already widespread practice, the Rules specify that, unless otherwise agreed, written communications with the Secretariat shall be made by email or other electronic means of communication that create a record of transmission.
h) Time Limit for the Award — Set by the President of the Court
Article 31 of the current Rules, which sets a six-month time limit for the rendering of the arbitral award, will be amended to provide that the President of the Court shall fix the time limit, and may extend it, for the rendering of the final award, taking into account the procedural timetable established under the applicable article or a reasoned request from the arbitral tribunal.
i) Signature and Notification of Awards
After consulting the parties and considering all relevant circumstances, the arbitral tribunal may sign the award electronically; sign in separate counterparts; and/or request the Secretariat to notify the award in printed format, electronic format or by any other means permitted by law.
j) Tribunal Secretary
After consulting the parties, the arbitral tribunal may appoint a tribunal secretary to work under its direction and control, without delegating its decision-making authority. Tribunal secretaries shall satisfy the same requirements of independence, impartiality and confidentiality as those required of arbitrators under the Rules, and shall sign a declaration of acceptance, availability, impartiality and independence prior to their appointment.
k) Confidentiality — Express Obligation for Arbitrators
The new Rules expressly impose a duty of confidentiality on arbitrators, maintaining the existing obligation applicable to the Court and the Secretariat. Arbitrators shall maintain the confidentiality of all matters relating to the arbitration, unless the facts are already in the public domain, the parties agree, applicable law so requires or it is necessary to protect a legal right or comply with disclosure obligations.
l) Fees and Costs
The Secretary-General will assume responsibility for the majority of decisions relating to fees and costs — except for the fixing of fees themselves —, and may refer matters to the Court. The new Rules will also introduce a Schedule of Fees.
In addition, in the near future, the ICC Schedule of Costs will be revised, including the introduction of differentiated rates for arbitrations seated in Brazil.
Our Dispute Resolution team is available to provide guidance on the impact of the new ICC Arbitration Rules on existing arbitration clauses, ongoing arbitrations and procedural strategies to be adopted.