The International Chamber of Commerce (“ICC”) has updated its arbitration rules for the first time since 2021. The new rules apply to any arbitration started on or after 1 June 2026 unless the parties have agreed to use an earlier version. That date matters: the rules will govern new disputes under existing contracts that contain an ICC arbitration clause, not only new contracts.
The headline theme of the new rules is speed. The ICC wants arbitration to be faster, simpler, less expensive and more predictable. For clients, that is good news on cost and timing, but it shifts more of the work to the start of a case. This article sets out what to know, and what to do about it.
A quicker start - but you need to be ready sooner
For standard cases, the formal Terms of Reference document has now been removed. In its place is an early Case Management Conference (“CMC”), where the tribunal and the parties set the timetable and structure for the arbitration.
This cuts out a layer of delay and paperwork. The trade-off is that the CMC happens early in the case timeline as it must take place within 30 days of the tribunal receiving the case file (and shorter under the Expedited Procedures), so you need your case and key documents in order sooner. The fixed six-month time limit for the final decision (the award) in standard cases has also been removed.
There is a second reason to be ready. The CMC is now a cut-off: once it has taken place, you cannot add new claims without the tribunal’s permission.
Practical takeaway: Identify every claim you may want to run before the CMC and collect your key documents. Leaving a claim out could mean losing the chance to bring it.
More routes for smaller or urgent disputes
There are now more routes under the ICC Rules for smaller or urgent claims. The expedited procedure applies automatically to disputes worth up to USD 4 million, raised from USD 3 million (for cases where the arbitration agreement was made on or after 1 June 2026). In these cases, one arbitrator decides the case on a six-month timetable.
What this means for you: In new contracts, you can agree not to use the Expedited Procedure if you prefer three arbitrators, or agree to use it for larger disputes.
The rules have also introduced a new ‘very fast’ option called the Highly Expedited Arbitration Provisions (“HEAP”), aimed at straightforward disputes where speed is the priority. The key features of HEAP are:
- An award within three months of the first CMC;
- No financial limit, so it can be used for a claim of any size;
- A single arbitrator decides the case;
- It is opt-in only, therefore, all parties must expressly agree to it, as it is never triggered automatically. The option for a HEAP arbitration can be included in the contract or agreed between the parties after a dispute arises;
- The claimant (party bringing the claim) must file its full case and evidence when it starts the arbitration and the respondent must reply with its full defence within 30 days;
- The arbitrator may decide the case on the documents alone, without a hearing;
- Other parties cannot be added and the case cannot be combined with another arbitration; and
- The parties can agree to an award without reasons (although this may be difficult to enforce in some countries).
What this means for you: HEAP suits simple disputes where speed matters most, such as a single unpaid invoice or the meaning of one contract term. It is not suitable for complex disputes. A claimant must be fully ready before it starts, and a respondent should contact its lawyers immediately, given the quick turnaround times.
Early dismissal of weak claims
Tribunals now have an express power to dismiss a claim or defence that is manifestly without merit or manifestly outside the tribunal’s jurisdiction. This does not happen on its own: a party has to apply for dismissal, and it is then at the tribunal’s discretion.
Practical takeaway: This cuts both ways. It is a tool to shut down a hopeless claim quickly, saving time and cost when the other side’s claim is obviously weak. However, the test is strict, and the other side can use the same procedure against you, so check your own claims carefully before you start.
Urgent protection before the tribunal is appointed
The rules have also incorporated a provision whereby an emergency arbitrator can now make a ‘preliminary order’ without first informing the other side, for example to stop it moving assets or destroying evidence. The other side is then given a prompt opportunity to respond.
What this means for you: Where there is a real risk that the other party will act to defeat your claim, you now have a faster and more effective way to protect your position.
Confidentiality is not automatic
This is an important gap. The new rules impose express confidentiality duties on arbitrators and tribunal secretaries but not on the parties themselves. Parties should, therefore, not assume their dispute is automatically confidential.
Practical takeaway: If confidentiality is crucial, deal with it directly, ideally with an express confidentiality clause in your contract or in a separate agreement at the start of the dispute.
Costs
The fee scale for the ICC’s administrative charges has been rebalanced. Costs have fallen for disputes worth less than USD 10 million and risen for larger disputes. The maximum administration fee is now capped at USD 180,000. The filing fee remains at USD 5,000, and there is a new joinder application fee of the same amount to add a party to the arbitration. The emergency arbitrator fees are USD 50,000.
For most clients bringing smaller or mid-sized claims, the overall effect should be lower administrative costs.
What this means in practice
Prepare earlier. Cases move faster, so more of the heavy lifting falls at the outset. Thorough early preparation is now the single biggest factor in running an efficient arbitration, and all claims must be clearly set out before the CMC cut-off.
If you use HEAP, be ready from day one. With an award due within three months, you will need everything in place early such as a full statement of claim and all supporting evidence, including documents, correspondence, contracts and witness statements. The tribunal can decide a HEAP case on the documents alone, without a hearing, so there is little room to fill gaps later. Note too that no parties can be added and cases cannot be consolidated under HEAP. If you receive a claim under HEAP, act quickly as the deadlines are short.
Keep early dismissal in mind. Build your case to withstand a dismissal application, and look for the same weakness in any claim brought against you.
Review existing contracts. Identify which contracts contain ICC arbitration clauses. The 2026 Rules will apply to new disputes under them.
Update your clauses for new contracts. If your contract contains an arbitration agreement under the ICC Rules, consider whether to opt in to, or out of, the Expedited Procedure, whether HEAP suits some types of dispute, and whether you need a confidentiality clause.
Help the tribunal avoid conflicts. There is a greater onus on arbitrators to check for conflicts and disclosures under the new rules as, if in doubt, arbitrators must disclose possible conflicts of interest. To avoid delay, provide a full and carefully prepared list of your affiliates and related entities at the start, including any funders for the arbitrators to check.
How 3CS can help
If you are involved in a dispute, or are considering international arbitration, our dispute resolution team can talk you through the options and help you choose the right course. Please get in touch for advice or guidance.
