From 1 June 2026, the International Chamber of Commerce’s (“ICC”) new Rules of Arbitration entered into force and apply to arbitrations commenced from that date. The revised rules introduce a series of targeted reforms designed to streamline proceedings, sharpen procedural clarity, and improve the overall user experience for parties, counsel, and tribunals. We’ve provided a summary of some key changes and their practical implications.

The ICC has introduced provisions aimed at reducing both the time and cost of arbitral proceedings without sacrificing due process. All written communications are to be sent via electronic means and Terms of Reference have moved to discretionary footing only, following the success of the Expedited Procedure Provisions (“EPPs“) since their introduction in 2017.

The rules also reinforce the tribunal’s duty to conduct proceedings efficiently, encouraging active case management from the outset. Tribunals are expected to tailor procedures to the needs of each dispute, avoiding unnecessary formalism and ensuring that procedural steps are proportionate to the amounts in dispute and the complexity of the issues involved. These measures reflect a broader trend in international arbitration toward front-loading case management and reducing procedural friction.

The 2026 Rules raise the monetary threshold for the automatic application of the EPPs from USD 3 million to USD 4 million for arbitration agreements concluded on or after 1 June 2026. In the light that over 40% of ICC cases in 2025 were below USD 4 million in claim value, this adjustment meaningfully broadens the range of eligible disputes. Parties remain free to opt in or out of the EPP regardless of whether their case falls within the threshold.

The most significant procedural update is the introduction of the Highly Expedited Arbitration Provisions (“HEAP“), an entirely new opt-in mechanism. Under HEAP, a sole arbitrator must render a final award within three months of the initial CMC. The three-month window must encompass ICC Court scrutiny of the draft award, making the timeline even more demanding. Unlike the EPP, HEAP is not tied to any monetary threshold; its suitability depends on the nature and complexity of the dispute rather than its value. The procedure is designed for lower-complexity commercial disputes, claims with a simple factual matrix, or distinct aspects of a dispute requiring swift resolution.

Under these changes, procedural steps are frontloaded. A Statement of Claim must be filed with the Request for Arbitration, and a Statement of Defence with the Answer. The sole arbitrator has broad discretion to limit further submissions and written witness evidence, exclude document production, and determine the dispute without a hearing. Parties may also agree to an unreasoned award to further accelerate the process, although they should consider enforcement implications in jurisdictions where the absence of reasons may provide grounds to challenge the award. HEAP applies a reduced cost scale, providing parties with lower tribunal fees.

The 2026 Rules introduce a formal early determination mechanism under Article 30, permitting any party to apply for the expeditious determination of one or more claims or defences on the grounds that they are “manifestly without merit” or “manifestly outside the arbitral tribunal’s jurisdiction”. The tribunal retains discretion over whether to allow the application to proceed. If it does, it may adopt procedural measures it considers appropriate after consulting the parties. While this power was previously referenced in the ICC’s Note to Parties and Arbitral Tribunals, its express codification removes any remaining doubt about arbitral tribunals’ authority to dispose of unmeritorious claims at an early stage.

Emergency arbitration proceedings may now be initiated not only against signatories and their successors but also against any party where the ICC Court President is satisfied that an existing arbitration agreement binds that party. This expansion reflects the realities of disputes involving affiliates or non-signatories connected to the underlying transaction. For the first time, the 2026 Rules also expressly recognise the emergency arbitrator’s power to issue preliminary orders, including on an ex parte basis, directing another party not to frustrate the purpose of the application. Such orders function similarly to temporary restraining orders in court proceedings, providing initial protection against asset dissipation or destruction of evidence.

On independence and impartiality, the 2026 Rules codify two principles previously contained only in the ICC’s guidance: any doubt about whether to disclose must be resolved in favour of disclosure; and, a disclosure does not, in itself, establish a lack of independence or impartiality. Parties must now submit a list of persons and entities that prospective arbitrators should consider for disclosure purposes, together with an explanation of their relevance.

Arbitrators are now expressly subject to a confidentiality obligation covering all matters relating to the arbitration though the 2026 Rules continue not to impose a default confidentiality requirement on the parties themselves.

The LCIA Rules, last revised in 2020, are widely regarded as offering capacity for lean and cost-efficient dispute resolution. The LCIA’s hourly rate fee structure (as opposed to the ICC’s scale which is tied to the amount in dispute) can result in materially lower costs for high-value claims, a factor that has historically attracted parties where large sums are at stake but the underlying issues are relatively discrete.

The ICC’s new HEAP has no direct equivalent under the LCIA Rules, which offer expedited tribunal formation under Articles 9A and 9B but not a comprehensive fast-track procedure delivering a final award within three months. HEAP aligns more closely with the Streamlined Procedure introduced by the Singapore International Arbitration Centre (“SIAC”) in its 2025 Rules. On early determination, the 2026 Rules bring the ICC into alignment with the LCIA, SIAC, and HKIAC, all of which already permit early disposal of manifestly unmeritorious claims.

Where the ICC arguably distinguishes itself most clearly is in its multi-party provisions, the expanded emergency arbitrator framework, including emergency relief against non-signatories and ex parte preliminary orders, and its institutional oversight, including the Court’s scrutiny of draft awards.

For parties considering mediation, where an ICC arbitration follows an ICC mediation, the ICC will now credit half of the mediation administrative expenses against the arbitration costs. This could operate as an incentive that clients, who frequently use mediation to resolve disputes involving ongoing commercial relationships, should factor into their dispute resolution planning.

Under the new Rules, with the elimination of mandatory Terms of Reference, the initial CMC becomes the central procedural milestone, and the Request for Arbitration and Answer take on greater significance in defining the scope of the dispute. Parties and counsel must ensure that all intended claims are fully developed and properly asserted before the CMC, as deferred or incomplete claims risk being barred from later assertion without tribunal authorisation.

Drafters of arbitration clauses should consider the question of any opt-in or exclusion of HEAP, and may wish to address the EPP threshold. Drafters should also remember that the 2026 Rules still do not impose a general confidentiality obligation on parties — only on arbitrators. This difference to the LCIA and SIAC Rules continues, and parties for whom confidentiality is commercially important should address it expressly in their arbitration clause.

Parties should take advice on the interaction of HEAP and EPP – while they share some features, they differ on timing, opt-in and suitability.

The 2026 Rules represent a meaningful evolution of the institution’s procedural framework, introducing targeted reforms to address potential issues of cost and delay. The elimination of mandatory Terms of Reference, the introduction of HEAP, the expanded emergency arbitrator framework, the formal early determination mechanism, and the strengthened disclosure and confidentiality provisions collectively provide parties and tribunals with a significantly enhanced procedural toolkit.

If you would like to discuss how these developments affect your business or if you need support, please do not hesitate to contact us.