International
What businesses and in-house counsel need to know before the new rules take effect
The 2026 ICC Arbitration Rules introduce significant reforms that will directly impact how international commercial disputes are managed, from enhanced arbitrator disclosure requirements and a new early determination mechanism to the elimination of mandatory Terms of Reference and the creation of a brand-new Highly Expedited Arbitration Procedure (HEAP).
Key Ideas
- The 2026 Rules adopt a "when in doubt, disclose" approach for arbitrators, require parties to submit conflict-check lists at the outset, and introduce express confidentiality obligations for the tribunal—while stopping short of imposing default confidentiality between the parties.
- The Terms of Reference is no longer a compulsory procedural milestone; instead, the Case Management Conference (CMC) becomes the pivotal early step in ICC proceedings, and serves as the new cut-off point for the unilateral introduction of new claims.
- A new early determination mechanism allows dismissal of claims that are manifestly without merit or outside the tribunal's jurisdiction. The former fixed six-month deadline for the final award is replaced by case-specific time limits set by the President in light of the procedural timetable.
- Electronic communications become the default mode for correspondence with the Secretariat; hearings and deliberations may now formally take place in hybrid or remote formats; and awards may be signed electronically and notified in digital form.
- Emergency relief now extends to non-signatories on a prima facie basis and expressly codifies preliminary (including ex parte) orders. In addition, the new Highly Expedited Arbitration Provisions (HEAP) provide an ultra-fast track with a sole arbitrator, strict procedural deadlines and a final award within three months from the initial CMC.
For more information, please contact our specialists through the Knowledge and Innovation Area.