Legal Updates ICC Arbitration Rules 2026: Key Updates and Practical Implications By Aleksandra Zanowska | August 11, 2026 On June 1, 2026, the updated ICC Arbitration Rules (“2026 Rules”) took effect, and will, in principle, apply to all arbitrations commenced on or after that date. The key updates include (1) removing a longstanding feature of ICC arbitration – the Terms of Reference; (2) explicitly empowering an arbitral tribunal to make early determinations; (3) increasing flexibility in the deadlines for issuance of a final award; (4) amending the Expedited Procedure Provisions (“EPP”) and Emergency Arbitration Provisions (“EA”), (5) adding a new procedure: Highly Expedited Arbitration Provisions (“HEAP”); and (6) revising the ICC administrative expenses scale. 1. Terms of Reference Are Not Mandatory The Terms of Reference was a mandatory document signed by the parties and the arbitral tribunal setting out the procedure and scope of the issues to be decided in non-expedited arbitration. It had been a defining feature of ICC arbitrations since 1955. The 2026 Rules no longer require the arbitral tribunal to draw up this document at any stage of the proceeding. Arbitral tribunals may still use a similar document to clarify the bounds of their engagement, but this would be their discretionary decision, not a mandatory milestone in the process. Instead of drawing up the Terms of Reference, an arbitral tribunal must conduct a case management conference, within 30 days of receiving the file from the Secretariat and establish as soon as possible a procedural timetable for the proceeding. The procedural timetable must be communicated to the ICC Secretariat. The intended benefit of this change is efficiency, achieved by removing a procedural step that often required several hours of negotiation at the outset of the arbitration. One potential drawback of this amendment is that the Terms of Reference helped define the issues and record the parties’ positions at an early stage, including jurisdictional issues. This document could serve as useful evidence in highly litigious matters involving post-arbitration enforcement or annulment proceedings. 2. Early Determinations Explicitly Allowed The new Article 30 of the 2026 Rules empowers the parties to apply for early determination of one or more claims or defenses where they are: (a) manifestly without merit or (b) manifestly outside the arbitral tribunal’s jurisdiction. There is no fixed deadline for such application, but the arbitral tribunal shall have the discretion to decide whether to allow the application to proceed. This mechanism is broadly analogous to early-dismissal procedures or motions to dismiss often used in litigation. While the previous Rules did not prohibit such applications, the express inclusion of Article 30 in the 2026 Rules removes any remaining doubt about the arbitral tribunal’s authority to issue such decisions. 3. Time Limit for the Final Award Is More Flexible The new Article 34 of the 2026 Rules provides that the ICC President shall fix, and may subsequently extend, the time limit for the rendering of the final award, taking into account the procedural timetable and any reasoned request from the arbitral tribunal. This replaces the former default six-month deadline, which ran from the last signature of the Terms of Reference. This time limit was often unrealistic in complex matters, and the ICC Court frequently had to extend it. The change should create more practical timetables in complex cases, but the success of this amendment will depend on disciplined case management and the ICC President’s proper exercise of its powers. 4. Expedited Procedure and Emergency Arbitration Updated The EPP is a simplified arbitration intended to streamline cases where the amount in dispute does not exceed the applicable threshold. Introduced in 2017, it applies automatically to eligible cases where the arbitration agreement was concluded on or after March 1, 2017, the parties have not opted out, and the ICC Court does not determine that EPP would be inappropriate in the circumstances. In the EPP, the final award must be issued within six months from the case management conference, unless the ICC President extends this time limit. The 2026 Rules increase the EPP monetary threshold to $4 million for proceedings based on arbitration agreements concluded on or after June 1, 2026. EA is a procedure designed for seeking urgent interim or conservatory relief before the arbitral tribunal is constituted. The 2026 Rules permit application not only against a signatory to the arbitration agreement or its successors, but also against “any party for which the ICC President is satisfied, based on information in the application, that an arbitration agreement binding such party may exist.” This change may be important in multi-party and corporate-group disputes, if, under the applicable law, such non-signatories could be bound to arbitrate. The ICC President makes only a prima facie assessment at this stage, and the arbitral tribunal retains the authority to decide whether it has jurisdiction over a non-signatory. The amended EA procedure also explicitly recognizes preliminary orders directing another party not to frustrate the purpose of the application for emergency relief. 5. Highly Expedited Arbitration Introduced Unlike the EPP, the HEAP is a new opt-in procedure, requiring explicit agreement of all parties, and has no monetary threshold. This novel expedited procedure must be initiated by filing both a Request for Arbitration and Statement of Claim, and, to the extent possible, be accompanied by evidence relied upon by claimant. Respondent will then have 30 days to submit its Answer and Statement of Defence together with, to the extent possible, the evidence it relies upon. Any counterclaims must be filed with the Answer, and claimant has 20 days to reply to them. A case management conference must be held within seven days of the file being transferred to the arbitral tribunal by the Secretariat, and the final award in a HEAP proceeding must be rendered within three months thereafter, unless the ICC President extends the time limit. While HEAP may be attractive for matters requiring swift decisions, its success will depend on whether parties are prepared to accept a heavily compressed process that may limit the time and procedural opportunities available to present their case. 6. ICC Administrative Expenses Revised The ICC administrative expenses are generally calculated as a percentage of the amount in dispute and are the same irrespective of whether the proceedings are conducted as the ordinary ICC proceeding, the EPP or the HEAP. The revised scale leaves administrative expenses unchanged or lower for many lower-value disputes (up to approximately $11 million), while increasing them for those with a higher amount in dispute. The maximum cap on the ICC administrative expenses has been increased by $30,000, to $180,000. The arbitrator’s fees scale remains unchanged. In both EPP and HEAP, the arbitrator’s fees are 20% lower than in the ordinary ICC proceeding. This revised Schedule of Fees applies to arbitrations commenced on or after June 1, 2026. Aleksandra Zanowska is an Associate in the firm’s litigation group with nearly a decade of experience in dispute resolution, litigation and international arbitration. She has extensive experience in drafting pleadings, petitions, motions, substantive arguments, research memoranda and other legal documents, as well as representing clients at hearings and trials. She holds the Master of Laws degree (J.D. equivalent) from Jagiellonian University in Poland and an LL.M. degree from Harvard Law School. Aleksandra can be reached at azanowska@zeklaw.com.
ICC Arbitration Rules 2026: Key Updates and Practical Implications By Aleksandra Zanowska | August 11, 2026 On June 1, 2026, the updated ICC Arbitration Rules (“2026 Rules”) took effect, and will, in principle, apply to all arbitrations commenced on or after that date. The key updates include (1) removing a longstanding feature of ICC arbitration – the Terms of Reference; (2) explicitly empowering an arbitral tribunal to make early determinations; (3) increasing flexibility in the deadlines for issuance of a final award; (4) amending the Expedited Procedure Provisions (“EPP”) and Emergency Arbitration Provisions (“EA”), (5) adding a new procedure: Highly Expedited Arbitration Provisions (“HEAP”); and (6) revising the ICC administrative expenses scale. 1. Terms of Reference Are Not Mandatory The Terms of Reference was a mandatory document signed by the parties and the arbitral tribunal setting out the procedure and scope of the issues to be decided in non-expedited arbitration. It had been a defining feature of ICC arbitrations since 1955. The 2026 Rules no longer require the arbitral tribunal to draw up this document at any stage of the proceeding. Arbitral tribunals may still use a similar document to clarify the bounds of their engagement, but this would be their discretionary decision, not a mandatory milestone in the process. Instead of drawing up the Terms of Reference, an arbitral tribunal must conduct a case management conference, within 30 days of receiving the file from the Secretariat and establish as soon as possible a procedural timetable for the proceeding. The procedural timetable must be communicated to the ICC Secretariat. The intended benefit of this change is efficiency, achieved by removing a procedural step that often required several hours of negotiation at the outset of the arbitration. One potential drawback of this amendment is that the Terms of Reference helped define the issues and record the parties’ positions at an early stage, including jurisdictional issues. This document could serve as useful evidence in highly litigious matters involving post-arbitration enforcement or annulment proceedings. 2. Early Determinations Explicitly Allowed The new Article 30 of the 2026 Rules empowers the parties to apply for early determination of one or more claims or defenses where they are: (a) manifestly without merit or (b) manifestly outside the arbitral tribunal’s jurisdiction. There is no fixed deadline for such application, but the arbitral tribunal shall have the discretion to decide whether to allow the application to proceed. This mechanism is broadly analogous to early-dismissal procedures or motions to dismiss often used in litigation. While the previous Rules did not prohibit such applications, the express inclusion of Article 30 in the 2026 Rules removes any remaining doubt about the arbitral tribunal’s authority to issue such decisions. 3. Time Limit for the Final Award Is More Flexible The new Article 34 of the 2026 Rules provides that the ICC President shall fix, and may subsequently extend, the time limit for the rendering of the final award, taking into account the procedural timetable and any reasoned request from the arbitral tribunal. This replaces the former default six-month deadline, which ran from the last signature of the Terms of Reference. This time limit was often unrealistic in complex matters, and the ICC Court frequently had to extend it. The change should create more practical timetables in complex cases, but the success of this amendment will depend on disciplined case management and the ICC President’s proper exercise of its powers. 4. Expedited Procedure and Emergency Arbitration Updated The EPP is a simplified arbitration intended to streamline cases where the amount in dispute does not exceed the applicable threshold. Introduced in 2017, it applies automatically to eligible cases where the arbitration agreement was concluded on or after March 1, 2017, the parties have not opted out, and the ICC Court does not determine that EPP would be inappropriate in the circumstances. In the EPP, the final award must be issued within six months from the case management conference, unless the ICC President extends this time limit. The 2026 Rules increase the EPP monetary threshold to $4 million for proceedings based on arbitration agreements concluded on or after June 1, 2026. EA is a procedure designed for seeking urgent interim or conservatory relief before the arbitral tribunal is constituted. The 2026 Rules permit application not only against a signatory to the arbitration agreement or its successors, but also against “any party for which the ICC President is satisfied, based on information in the application, that an arbitration agreement binding such party may exist.” This change may be important in multi-party and corporate-group disputes, if, under the applicable law, such non-signatories could be bound to arbitrate. The ICC President makes only a prima facie assessment at this stage, and the arbitral tribunal retains the authority to decide whether it has jurisdiction over a non-signatory. The amended EA procedure also explicitly recognizes preliminary orders directing another party not to frustrate the purpose of the application for emergency relief. 5. Highly Expedited Arbitration Introduced Unlike the EPP, the HEAP is a new opt-in procedure, requiring explicit agreement of all parties, and has no monetary threshold. This novel expedited procedure must be initiated by filing both a Request for Arbitration and Statement of Claim, and, to the extent possible, be accompanied by evidence relied upon by claimant. Respondent will then have 30 days to submit its Answer and Statement of Defence together with, to the extent possible, the evidence it relies upon. Any counterclaims must be filed with the Answer, and claimant has 20 days to reply to them. A case management conference must be held within seven days of the file being transferred to the arbitral tribunal by the Secretariat, and the final award in a HEAP proceeding must be rendered within three months thereafter, unless the ICC President extends the time limit. While HEAP may be attractive for matters requiring swift decisions, its success will depend on whether parties are prepared to accept a heavily compressed process that may limit the time and procedural opportunities available to present their case. 6. ICC Administrative Expenses Revised The ICC administrative expenses are generally calculated as a percentage of the amount in dispute and are the same irrespective of whether the proceedings are conducted as the ordinary ICC proceeding, the EPP or the HEAP. The revised scale leaves administrative expenses unchanged or lower for many lower-value disputes (up to approximately $11 million), while increasing them for those with a higher amount in dispute. The maximum cap on the ICC administrative expenses has been increased by $30,000, to $180,000. The arbitrator’s fees scale remains unchanged. In both EPP and HEAP, the arbitrator’s fees are 20% lower than in the ordinary ICC proceeding. This revised Schedule of Fees applies to arbitrations commenced on or after June 1, 2026. Aleksandra Zanowska is an Associate in the firm’s litigation group with nearly a decade of experience in dispute resolution, litigation and international arbitration. She has extensive experience in drafting pleadings, petitions, motions, substantive arguments, research memoranda and other legal documents, as well as representing clients at hearings and trials. She holds the Master of Laws degree (J.D. equivalent) from Jagiellonian University in Poland and an LL.M. degree from Harvard Law School. Aleksandra can be reached at azanowska@zeklaw.com.