2026 ICC Arbitration Rules Explained: Key Changes for International Disputes

The International Chamber of Commerce (the “ICC”) has approved a revised set of arbitration rules (the “2026 ICC Rules”), which became effective on June 1, 2026, applying to all arbitrations commenced on or after that date, unless parties agree otherwise.^[1]

The revisions continue the ICC’s broader move toward efficiency, procedural discipline, and flexibility in case management. Among other changes, the 2026 ICC Rules introduce an enhanced emergency arbitrator procedure, a new highly expedited procedure, expand the reach of expedited arbitration, formally incorporate early determination, and replace mandatory Terms of Reference with an earlier case management process. Taken together, these changes are intended to streamline proceedings, narrow issues sooner, and give parties and tribunals more procedural tools at an earlier stage.

For parties and counsel, the practical significance lies not only in potentially faster timelines, but also in the greater emphasis on early strategy, front-loaded preparation, and arbitration clause design. In this post, we summarize the key changes in the 2026 ICC Rules and consider what they may mean for parties and counsel assessing dispute resolution strategy and what to expect should they adopt these new rules of arbitration.

Overview of Key Changes in the 2026 ICC Rules

1.Enhanced Emergency Arbitrator Provisions

The 2026 ICC Rules build on the emergency arbitrator provisions in the ICC’s 2021 rules. Similar to the 2021 rules, parties can obtain urgent interim measures before the tribunal is constituted. On receiving a party’s Application for an emergency arbitrator, the ICC Secretariat will aim to appoint an emergency arbitrator within two days and, thereafter, the emergency arbitrator has 15 days from receiving the file to make an Order.  

In contrast to the 2021 rules, the 2026 ICC Rules expressly give an emergency arbitrator the power to grant interim relief. Moreover, the 2026 ICC Rules allow emergency arbitrators to grant such Orders on an ex parte basis.

The 2026 ICC Rules also expressly allow the emergency arbitrator requests to be directed against a non-signatory assuming that the ICC President is satisfied based on the information in the application that an “arbitration agreement binding such party may exist”. 

2.Introduction of a “Highly Expedited” Procedure

The 2026 ICC Rules introduce a new, innovative, “highly expedited” procedure, designed to allow disputes to be resolved within a significantly compressed timeframe, in some cases within a matter of months.  

This new procedure follows an “opt-in” mechanism that targets “three months from the date of the initial [Case Management Conference], unless the President extends the time limit …”.  Unlike the standard expedited procedure, this “highly expedited” procedure is not tied to a monetary threshold and may be adopted in disputes of any value, provided that the issues are sufficiently straightforward and the parties prioritize speed. 

The procedure is built around a sole arbitrator and a compressed timetable, with limited scope for joinder or consolidation, making it particularly suitable for less complex disputes or discrete issues requiring rapid resolution.

3.Expanded Use of Expedited Procedure

The ICC’s existing expedited procedure has also been expanded through an increase in its monetary threshold to USD $4 million, thereby bringing a broader range of disputes within streamlined procedural frameworks for parties who decide to opt into this procedure.  However, the core features of the process remain unchanged, including the appointment of a sole arbitrator, streamlined proceedings, and an expected six-month timeframe for rendering an award.  By comparison, Canada’s Alternative Dispute Resolution Institute of Canada (“ADRIC”) Arbitration Rules, which were revised in 2025, do not have a monetary threshold and contemplate a more compressed expedited process, with awards expected within seven days of the hearing or within nine days of the delivery of the Respondent’s materials. 

Ultimately, the increase in the monetary value of claims eligible for the expedited procedure under the 2026 ICC Rules, reflects the increasing value of international disputes and broadens the scope of cases eligible for expedited treatment, while preserving party autonomy to opt in or out of the procedure regardless of the amount in dispute. 

Together, changes to the expedited procedure and addition of the highly expedited procedure reflect the ICC’s recognition of growing demand for faster and more cost-effective dispute resolution, particularly for commercially time-sensitive matters. 

4.Early Determination Mechanisms

In addition, the 2026 ICC Rules formally incorporate an early determination mechanism, providing that parties may apply for early determination for claims or defences that are “manifestly without merit” or “manifestly outside of the arbitral tribunal’s jurisdiction.”  The arbitral tribunal has discretion whether to allow applications for early determination to proceed and, if so, the procedures to adopt, after consulting with the parties. 

The addition of an early determination mechanism aligns ICC arbitrations more closely with other leading institutional rules, such as those of the London Court of International Arbitration and Singapore International Arbitration Centre, These rules have the effect of streamlining proceedings, reducing procedural steps and associated costs. Notably, however, Canada’s domestic ADRIC rules do not provide a mechanism for early determination. 

5.Removal of Mandatory Terms of Reference

Mandatory Terms of Reference have historically been a defining feature of ICC proceedings. They were used to confirm party consent, record procedural agreements, and define the scope of the dispute.

The 2026 ICC Rules remove the requirement for Terms of Reference, replacing the requirement with a Case Management Conference (“CMC”) which must be held within 30 days of the tribunal receiving the file, unless extended by the secretary general.  The CMC is held by the arbitral tribunal in order to “consult the parties on procedural measures” and set a “procedural timetable that it intends to follow for the efficient conduct of the arbitration.”  Following the initial CMC, parties cannot introduce new claims without authorization from the Tribunal. 

This change places greater emphasis on early procedural steps to define the scope of the dispute and requiring parties to articulate their claims and defenses early in the arbitration process. 

6.Enhanced Arbitrator Disclosure Framework

Complementing this shift toward efficiency, the 2026 ICC Rules also enhance transparency in the arbitral process by clarifying and strengthening arbitrator disclosure obligations. The 2026 ICC Rules now explicitly state that “any doubts the prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure” and that “disclosure does not, by itself, establish a lack of independence or impartiality.”  

These clarifications, previously reflected in practice notes, are now embedded directly in the 2026 ICC Rules to promote greater transparency and reinforce confidence in the arbitral process.

Implications for Parties

The 2026 ICC Rules reflect a broader industry shift toward speed, efficiency, and procedural discipline, with several key implications:

• Mid-value disputes are increasingly likely to fall within expedited frameworks, which may change how parties approach dispute resolution while negotiating agreements.
• Faster resolution timelines are expected as a result of the expanded expedited procedures and the introduction of the “highly expedited” track. While shorter proceedings may reduce overall costs, this may be paired with more intensive upfront preparation from the parties.
• With the removal of the Terms of Reference and greater emphasis on early procedural steps, parties may expect initial submissions to play a more decisive role, effectively front-loading dispute strategy.
• Although the 2026 ICC Rules do not provide for a six month award deadline, timelines for the arbitration will be reflected in the procedural timetable so that they can be tailored to each case. Importantly, this change does not affect arbitrations proceeding under the Expedited procedure or the Highly Expedited Procedure.

When drafting agreements to fall under the 2026 ICC Rules, parties should consider whether to accept default expedited procedures and clearly define where disputes may opt-into the highly expedited procedure. Parties should also consider reviewing existing arbitration clauses to ensure alignment with the 2026 ICC Rules and the increasing emphasis on expedited proceedings.

Overall, the 2026 ICC Rules represent a continuation of the ICC’s evolution toward more efficient and structured arbitration, while preserving its flexibility and neutrality.

McCarthy Tétrault has significant domestic and international arbitration experience. Should you have any questions about arbitration clause drafting or appellate considerations in arbitration proceedings, please do not hesitate to reach out to a member of our team for assistance.