The 2026 ICC Rules of Arbitration Have Officially Entered Into Force

The 2026 ICC Rules of Arbitration have officially entered into force from 1 June 2026.

These updated rules now set the framework for how cases are administered and managed by the ICC International Court of Arbitration going forward.

Here’s a summary of the key changes in the 2026 ICC Rules versus the 2021 Rules:

Terms of Reference abolished. Terms of Reference are no longer mandatory in standard ICC arbitration, though tribunals retain discretion to use them where appropriate, relying instead on tools like a list of issues to define the scope of the dispute. The tribunal must instead hold an initial case management conference within 30 days of receiving the file, which replaces the TOR as the primary early-stage milestone.

Early determination (new Article 30). Parties may apply for early determination of claims or defences that are “manifestly without merit” or “manifestly outside the tribunal’s jurisdiction” — elevating what was previously only guidance in the ICC’s Note to Parties into the Rules themselves.  The tribunal first decides whether to allow the application to proceed, and the “manifestly” standard remains demanding.

Expedited procedures expanded. The Expedited Procedure threshold rises to US$4,000,000 for arbitration agreements concluded on or after 1 June 2026 and new opt-in “Highly Expedited Arbitration Provisions” are introduced — offering final awards within three months. The EPP applies automatically within the threshold unless parties opt out, while the HEAP requires all parties to opt in.

Arbitrator disclosure and confidentiality strengthened. Two provisions moved from a guidance note into the Rules: doubts about whether to disclose must be resolved in favour of disclosure (Article 12(2)), with arbitrators’ confidentiality obligations now codified.

Emergency arbitration broadened. Emergency arbitration now extends to successors of signatories and to any party where the ICC Court President is satisfied an arbitration agreement binding them may exist, and parties can request preliminary orders directing another party not to frustrate the purpose of the application.

Other adjustments include extending the tribunal’s time limit to correct an award on its own initiative from 30 to 45 days, and removal of the six-month award time limit, which was routinely extended in practice anyway.

The 2026 Rules apply to arbitrations commenced on or after 1 June 2026. Given your cross-border work with the Singapore counterparty, it may be worth noting that the CMS analysis specifically benchmarks these reforms against the SIAC Rules 2025 if you ever need a comparative angle.

Read ICC Arbitration Rules 2021 and 2026 compared version