The New Arbitration Rules of the International Chamber of Commerce 2026: What Changed?

Executive Summary:

• The new International Chamber of Commerce Arbitration Rules (“ICC Rules”) will come into force on June 1, 2026 and will apply, as a general rule, to arbitrations initiated on or after that date.
• The ICC 2026 Regulations introduce changes aimed at reducing formalities in arbitration administered by the International Chamber of Commerce (“ICC”), prioritizing procedural efficiency and the digitization of the procedure.
• Among the most relevant changes are: i) the elimination of the traditional Mission Statement; ii) the creation of a new procedure highly expedited; (iii) the increase in the economic threshold for the current expedited procedure; (iv) a more flexible regulation regarding the time limits for issuing awards; v) the consolidation of electronic communications, hearings, and awards; and you) new disclosure and transparency obligations regarding third-party financing of arbitrations.

Recently, the International Chamber of Commerce (“ICC”) published the new version of its Arbitration Rules (“ICC Rules 2026”), which will come into force on June 1, 2026, and will replace the version in force since 2021 (“ICC Rules 2021”).

While several of the changes might appear merely technical at first glance, the new ICC Rules reflect a significant shift in how ICC-administered arbitration is currently conceived. In particular, the institution is committed to more streamlined, less formalistic, and significantly more digitalized procedures.

Below, we share some of the most relevant changes:

I. Elimination of the Mission Statement.

The Terms of Reference, traditionally considered a distinctive feature of ICC arbitration and provided for in Article 23 of the 2021 ICC Rules, is no longer part of the ordinary procedural structure under the 2026 ICC Rules. Instead, the new Rules provide only for the Conduct of Proceedings Conference, which must be held within 30 days of the ICC Secretariat transmitting the case file to the Arbitral Tribunal. During this conference, or as soon as possible thereafter, the Arbitral Tribunal must establish the procedural timetable and agree on the corresponding procedural order.

II. Procedure highly expeditious.

The ICC 2026 Rules introduce a new, highly expedited procedure whereby arbitral tribunals can issue a final award in approximately three months. This mechanism responds to the growing demand for swift and enforceable decisions in urgent or time-sensitive disputes. However, this procedure will only apply if the parties expressly agree to it.

III. Increase in the economic threshold for the expedited procedure.

Under the ICC Rules 2026, the monetary threshold for expedited arbitration will increase from USD $3 million to USD $4 million. This change reflects the ICC's recognition that expedited arbitration has been successfully used in disputes far exceeding the threshold set out in the ICC Rules 2021.

IV. Time limits for issuing awards.

Under the ICC Rules 2021, arbitral tribunals were generally required to issue their final award within six months of the signing or approval of the Terms of Reference, unless an extension was granted by the Court upon a reasoned request from the arbitral tribunal. In practice, this period was frequently extended. -sometimes significantly-To address this situation, the ICC Regulation 2026 introduces a more flexible and realistic approach, establishing that the time limit for issuing the award will be determined by the President of the ICC, taking into account the specific circumstances of each proceeding.

V. Fully electronic communications and awards.

The ICC 2026 Regulations stipulate that electronic communications will be the general rule, limiting the use of physical documents to exceptional circumstances. Furthermore, they expressly recognize the possibility for the parties to agree to hold virtual or hybrid hearings, as well as the electronic issuance and signing of arbitral awards.

It should be noted that both electronic communications and virtual hearings have been used in practice for years; however, their formal incorporation into the Regulations reduces procedural uncertainty and strengthens the validity of this type of action.

VI. Disclosure of Information.

Under the ICC Rules 2026, from the outset of arbitration, the parties must provide a list of relevant entities and individuals connected with the dispute, enabling the arbitrators to more easily identify potential conflicts of interest. The ICC Rules 2026 also clarify that the mere disclosure of information does not, in itself, imply a lack of independence or impartiality on the part of the arbitrator. Furthermore, the ICC Rules 2026 incorporate provisions related to third-party funding, including the obligation to disclose certain links to such schemes.

VII. Conclusions.

The ICC 2026 Regulations confirm the ICC's trend towards more agile, flexible and digitized arbitration procedures, expressly incorporating various practices that were already being implemented in arbitrations administered by that institution.

As a complement to this analysis, we share the comparison published by the ICC between the ICC Regulations 2021 and 2026, which allows for a more detailed identification of the modifications incorporated by the institution: Comparison between the ICC Regulation 2021 and the ICC Regulation 2026.

In this context, it will be crucial to analyze the scope and practical implications these modifications could have when entering into arbitration agreements administered by the ICC. Our team remains available to analyze any of the changes described above and their potential implications for current or future disputes.