International Chamber of Commerce unveils its 2026 Arbitration Rules

The International Chamber of Commerce (ICC) has announced the release of its updated Arbitration Rules, which come into effect on 1 June 2026 (2026 Rules). According to the ICC, these changes align with its continued focus on greater efficiency, transparency and procedural flexibility.

Anticipated changes relate to arbitrator disclosure, streamlining of the procedural timetable, expedited arbitration and emergency relief mechanisms, and the introduction of new Highly Expedited Arbitration Provisions.

Arbitrator disclosure: Earlier and more structured conflict vetting, greater transparency, party participation

The 2026 Rules will reinforce arbitrator independence and impartiality by refining disclosure obligations. While the core disclosure standard remains unchanged (arbitrators must disclose any circumstances that may give rise to doubts as to their independence or impartiality), two important clarifications are now embedded in the 2026 Rules; when in doubt, disclose, and disclosure does not equal conflict.

Parties must participate in the disclosure exercise by proactively submitting a list of relevant individuals and entities (with reasons) early in proceedings to assist arbitrators in considering potential conflicts. This procedure is aimed at complementing the potential arbitrator’s assessment in terms of Article 12(2).

Removal of mandatory terms of reference: Shift towards case management as a central procedural milestone

One of the most significant procedural shifts under the 2026 Rules is the removal of mandatory terms of reference (ToR). While ToR have historically played an important role in structuring arbitration proceedings, successive revisions to the Rules had already streamlined their use and reduced their prescriptive nature. ToR are no longer compulsory but remain available at the Tribunal’s discretion under the 2026 Rules. Under this new regime, the case management conference becomes a central procedural milestone for structuring proceedings and ensuring efficiency.

Under the 2026 Rules, the President of the ICC Court now sets and may extend the deadline for the final award, based on the procedural timetable or a reasoned request, replacing the previous six‑month default and improving predictability by aligning timelines with the greater procedural schedule.

Expedited and emergency arbitration: Improved access, enhanced tools and greater flexibility

The 2026 Rules refine and expand both expedited arbitration and emergency relief mechanisms.

• The threshold for the automatic application of the expedited procedure provisions has increased to USD 4 million (for claims brought under arbitration agreements concluded from 1 June 2026). The increased threshold broadens eligibility, reflecting rising dispute values and growing confidence in streamlined ICC procedures.

• Under the 2026 Rules, and in line with the realities of international trade, emergency relief may now, through the discretion of the President of the ICC Court, extend to non-signatories to an arbitration agreement where there is a prima facie basis that they may be bound by the arbitration agreement.

• For the first time, preliminary orders (including ex parte orders) have been expressly acknowledged. Requests may be made and decided on an ex parte basis when required to prevent actions such as dissipation of assets or destruction of evidence.

Highly expedited arbitration: New ultra-fast opt-in provision, final award handed down within three months

A major innovation in the 2026 Rules is the introduction of the Highly Expedited Arbitration Provisions (HEAP), which are opt‑in provisions designed for parties seeking a final award within three months. This is likely to be a suitable option for parties in lower-complexity disputes with simple factual matrices and where there are distinct issues requiring rapid determination.

Core features

Opt-in only (no value threshold).

Sole arbitrator and to be appointed within twenty days.

Initial CMC should take place within seven days of the arbitral tribunal’s appointment.

Final award within three months of the initial CMC.

Mandatory front-loading of submissions.

Same cost scale as expedited procedure provisions, where parties benefit from lower tribunal fees.

Option for awards without reasons (subject to enforceability considerations).

Conclusion

The 2026 Rules mark a clear commitment by the ICC towards ensuring transparency and accountability, efficiency and speed, and flexibility and party engagement in arbitration.

Jonathan is a partner in Bowmans’ Johannesburg office, specialising in litigation and international arbitration, and an accredited mediator in South Africa and the UK. Samantha is a Senior Associate in the Litigation Practice and member of the Dispute Resolution department. Zandile is an associate with experience assisting local and international clients on complex commercial litigation, arbitration and regulatory-related disputes across a range of industries,