In brief
The new International Chamber of Commerce (ICC) Arbitration Rules 2026 ("ICC Rules 2026") came into force on 1 June 2026, and apply to arbitrations commenced from 1 June 2026 onwards.
Amongst other things, the ICC Rules 2026 seek to improve the conduct of arbitral proceedings through:
- Abolishing the mandatory Terms of Reference
- Introducing opt-in "Highly Expedited Arbitration Provisions" that allow disputes to be decided more expeditiously than the existing "Expedited Procedure Provisions"
- Enhancing the framework for emergency arbitrations to facilitate urgent interim or conservatory relief prior to the constitution of the tribunal
- Codifying the tribunal's power to make early determinations to dismiss manifestly unmeritorious claims or defences
We elaborate on these developments in greater detail below.
Key features
Terms of reference
The ICC Rules 2026 dispose with mandatory Terms of Reference, which has long been a key feature of ICC arbitration. With the abolishment of the mandatory Terms of Reference, the initial Case Management Conference (CMC) now assumes greater significance as the first procedural milestone for the tribunal.
Pursuant to Article 24 of the ICC Rules 2026, the tribunal must convene the initial CMC within 30 days of receiving the file from the ICC Secretariat. Further, Article 25 provides that no new claims may be introduced by parties after the initial CMC, unless authorised by the tribunal.
Comments
The removal of mandatory Terms of Reference is a timely and welcome move, especially in light of ICC's own historical data showing that tribunals overwhelmingly opt not to draw up Terms of Reference when given the discretion under the Expedited Procedure Provisions (EPP) introduced in 2017. According to the ICC’s announcement explaining the key changes to the ICC Rules, ICC noted that out of 1,000 cases administered by the ICC Court under the EPP, fewer than 25 tribunals chose to establish Terms of Reference.
With the cut-off for introducing new claims and defences now aligned with the date of the initial CMC, parties should endeavour to articulate the full scope of their claims and defences in the Request for Arbitration and Answer and Counterclaim stages.
Expedited procedures (HEAP and EPP)
The Highly Expedited Arbitration Provisions (HEAP) is a new opt-in mechanism that requires the issuance of a final award within 3 months from the initial CMC.
Pursuant to Article 33 of the ICC Rules 2026, an arbitration may be conducted under HEAP only with the agreement of all parties. Unlike the EPP which automatically applies to disputes valued below a monetary threshold, parties can agree for HEAP to apply regardless of the amount in dispute. Parties can opt into HEAP in their arbitration agreement, or via subsequent agreement after a dispute has already arisen.
The HEAP procedure is set out in Appendix VI of the ICC Rules 2026. It provides, amongst other things, that:
- The claimant shall file its Request for Arbitration together with its Statement of Claim and the respondent shall file its Answer together with its Statement of Defence (and Counterclaim, if any), in both cases accompanied by the evidence each party relies upon to the extent possible.
- The arbitration shall be decided by a sole arbitrator, who is to be either jointly nominated by parties within 20 days from the respondent’s receipt of the Request and Statement of Claim, or otherwise appointed by the ICC Court.
- The tribunal may, after consulting parties, decide not to allow requests for document production or to limit the number, length and scope of written submissions and written witness evidence.
- The final award shall be made within three months from the initial CMC, unless the President of the ICC Court extends the time limit for making such final award.
In tandem with the introduction of the new HEAP procedure, the ICC Rules 2026 widens the criteria for the automatic application criteria of the EPP mechanism, which requires a final award to be made within six months of the initial CMC. Pursuant to Appendix V of the ICC Rules 2026, the EPP now applies automatically to claims with amounts in dispute that do not exceed the equivalent of USD 4 million, provided that they are brought under arbitration agreements concluded from 1 June 2026 onwards. This represents an increase from the previous monetary threshold of USD 3 million. As with the previous ICC Rules, the parties can agree to opt out of the EPP, regardless whether a case falls within the automatic application of the EPP.
Comments
The introduction of HEAP mirrors the SIAC’s rollout of the "Streamlined Procedure" last year under the latest SIAC Rules ("SIAC Rules 2025"), with both mechanisms offering users the possibility of an expedited determination of their disputes within three months. The availability of choices between two different arbitral institutions is a welcome development for prospective users who wish to have their disputes resolved expeditiously, especially where they are of lower value and complexity.
Nonetheless, parties should bear in mind that arbitrations conducted under HEAP would generally be decided without document production or witness evidence, and without a hearing. Therefore, in deciding whether to agree to HEAP, it may be prudent for parties to carefully consider whether they wish to opt in to the HEAP at the time of the conclusion of the arbitration agreement itself, and if so, whether certain categories of less complex disputes should be specifically identified for referral to HEAP arbitration.
Emergency arbitration and preliminary orders
The ICC Rules 2026 now permit parties to apply for emergency arbitration against non-signatories to arbitration agreements. The Emergency Arbitration Provisions (EAP), set out in Appendix IV of the ICC Rules 2026, could apply to a non-signatory in the event that the President of the ICC Court is satisfied at face value that an arbitration agreement may bind such a party.
Another enhancement to the emergency arbitration framework under the ICC Rules 2026 is the introduction of Preliminary Orders, which are directions that a party may seek against another party to prevent them from frustrating the purpose of the emergency interim or conservatory measures requested under an Application for Emergency Measures under the EAP ("Application"). Crucially, Appendix IV of the ICC Rules 2026 provides that a request for Preliminary Orders may be made without notifying all other parties, and before the Application has been transmitted to the other parties.
The emergency arbitrator may decide upon the Preliminary Order request without notice to all other parties. However, in the event the Preliminary Order is granted, the emergency arbitrator must immediately afford all other parties a reasonable opportunity to present their case. Thereafter, based on these submissions, the emergency arbitrator can exercise its power to modify the Preliminary Order.
Comments
The amendments to the emergency arbitration framework take into account the realities of present-day commercial transactions involving complex corporate structures, by conferring upon the President of the ICC Court the discretion to flexibly determine the applicability of EAP to persons and entities who are not signatories to arbitration agreements or their successors.
The introduction of Preliminary Orders in the ICC Rules 2026 brings the ICC closer in line with other arbitral institutions like the SIAC, which provides for "Protective Preliminary Orders" under its emergency arbitration framework in the SIAC Rules 2025, as well as national courts. Allowing parties to apply for interim relief on an ex parte basis (i.e., without notice to the other party) serves to mitigate the risk of a counterparty acting to undermine the effectiveness of the interim relief sought, such as through dissipating assets or destroying evidence.
Early determination
Article 30 of the ICC Rules 2026 allows any party to make an application for the early determination of one or more claims or defences on the grounds that:
- Such claims or defences are manifestly without merit
- Such claims or defences are manifestly outside the arbitral tribunal's jurisdiction
The tribunal has discretion over whether to allow the application to proceed, and shall adopt procedural measures it considers appropriate in consultation with parties if it so allows.
Comments
The tribunal's power to make an early determination is well-established even prior to this amendment, with the ICC's 2017 Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration providing guidance on its use. The codification of the early determination mechanism in the ICC Rules 2026 serves to give tribunals greater confidence in using this tool, by eliminating any lingering doubt over their power to make such early determination.
Other new features
Apart from the features highlighted above, the ICC Rules 2026 also set out the following new features, amongst others:
- Article 3 of the ICC Rules 2026 provides that by default, written communications in ICC administered cases are to be conducted via electronic means.
- Article 12(8) of the ICC Rules 2026 expressly provides that arbitrators are obliged to maintain confidentiality over all matters relating to the arbitration unless otherwise in the public domain, agreed by parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations.
- Article 44 of the ICC Rules 2026 expressly imposes the same requirements of independence, impartiality and confidentiality on tribunal secretaries as arbitrators, and mandates that tribunal secretaries sign a statement of acceptance, availability, impartiality and independence before their appointment.
Conclusion
The ICC Rules 2026 represent an important step by the ICC to meet the increasing demand from arbitration users for greater simplicity, efficiency, and effectiveness in proceedings. The greater emphasis on streamlined case management, expedited procedures and emergency relief are geared towards modernising the ICC framework to meet current user expectations.
It is important to understand how these new procedures and modifications will affect the manner in which ICC arbitration will be conducted, in particular, the suitability of the HEAP and EPP in relation to the nature of disputes that typically arise in the relevant users’ industry and agreements concluded by such users. In the event parties wish to exclude certain procedures or mechanisms under the ICC Rules 2026, it may be useful to have this expressly set out in the parties' arbitration agreement to avoid disputes over the relevant regime which applies to the arbitration.
Please feel free to reach out to us should you require more information on the ICC Rules 2026.
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James Kwong, Associate, has contributed to this legal update.
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