ICC RULES 2026: KEY PROCEDURAL CHANGES

On 1 June 2026, the new version of the International Chamber of Commerce (ICC) Rules of Arbitration (“ICC Rules 2026”) came into force, introducing a number of changes designed to increase the flexibility of the arbitration process and adapt it to the practical needs of modern international disputes. Below we briefly outline the key changes.

FAST-TRACK ARBITRATION

The threshold for the application of the Expedited Procedure Provisions (“EPP”) has been raised from USD 3 to USD 4 million (for arbitration agreements concluded after 1 June 2026). Given that the median claim value in ICC cases is around USD 5 million, it can be assumed that a significant proportion of disputes will now automatically fall within the scope of the expedited procedure. Parties wishing to avoid the application of the EPP may agree to do so at any time.

A fundamentally new mechanism is also being introduced – the Highly Expedited Arbitration Provisions (“HEAP”). The HEAP applies only by mutual agreement of the parties. Its key features include:

1. the case is decided by a sole arbitrator
2. the final arbitral award must be rendered within three months of the date of the case management conference (whereas the EPP provide for a six-month period)
3. third-party applications and consolidation of proceedings are not permitted
4. the Statement of Claim and the Statement of Defence are filed simultaneously. Unlike under the standard procedure, the claimant must include a full statement of its position in the Request for Arbitration
5. a shortened time limit for challenging an arbitrator: 7 days instead of the standard 30 days

EMERGENCY ARBITRATION

Under the ICC Rules 2021, an emergency arbitrator had jurisdiction only over the parties to the arbitration agreement and their successors. The ICC Rules 2026 extend this scope: an emergency arbitrator may now make decisions regarding any other party in respect of whom the President of the ICC establishes the existence of an arbitration agreement (Article 1(2) of Appendix IV). This extension is particularly important in disputes involving multi-party contracts, agreements concluded by different legal entities within the same corporate group, and other situations where a party to the arbitration agreement may be a person who did not sign it directly.

EARLY DETERMINATION

For the first time, the ICC Rules 2026 establish a mechanism for early determination of disputes expressly within the text of the Rules (Article 30 of the ICC Rules 2026). Previously, this mechanism was mentioned only in the annex to the ICC Note on the Conduct of Arbitration, a document of a non-binding nature. The mechanism allows a party to request the tribunal, at an early stage of the proceedings, to dismiss claims or defences that are: (i) clearly without merit, or (ii) manifestly outside the arbitral tribunal’s jurisdiction.

CASE MANAGEMENT CONFERENCE AND TERMS OF REFERENCE

One of the notable features of ICC arbitration has traditionally been the drafting of the Terms of Reference, which set out the parties to the dispute, the subject matter of the dispute, the list of issues in dispute, and the applicable law. Under the ICC Rules 2026, the Terms of Reference are no longer mandatory. Instead, there is a requirement for the arbitrators and the parties to hold a case management conference within 30 days of the tribunal receiving the case file. This amendment makes the ICC Rules more flexible, giving the parties and arbitrators more freedom to organise the arbitration proceedings as they see fit.

THIRD-PARTY FUNDING

The ICC Rules 2026 reflect a growing trend in international arbitration and require parties to promptly notify the Secretariat, the tribunal and the other parties of the existence of any third party that is funding the claims or the defence against them and has an economic interest in the outcome of the arbitration.

CONFIDENTIALITY

The ICC Rules 2026, for the first time, expressly require arbitrators to maintain the confidentiality of all matters relating to the arbitration (Article 12(8) of the ICC Rules 2026). Previously, the ICC Rules did not expressly impose such an obligation on arbitrators. Exceptions are made where the relevant information is publicly available, where its disclosure has been agreed by the parties, is required by applicable law, or is necessary to protect legitimate rights or to fulfil other disclosure obligations.

TIME LIMIT FOR RENDERING AN ARBITRAL AWARD

The ICC Rules 2021 set a default six-month time limit for rendering a final arbitral award. The ICC Rules 2026 replace this approach with a more flexible one: the President of the ICC sets the time limit for rendering the award, taking into account the procedural timetable. The President of the ICC is also entitled to extend this time limit. This approach better reflects the actual complexity of disputes and ensures more realistic planning of the arbitration proceedings.

IMPLICATIONS FOR UKRAINIAN PARTIES

The expansion of the emergency arbitrator’s powers is particularly relevant in the context of agreements between groups of companies, which is a common practice in the Ukrainian business environment. The ability to obtain an interim measure against a party that is not a direct signatory to the arbitration agreement, but in respect of whom the existence of an arbitration agreement has been established, broadens the range of remedies available in disputes involving related parties.

The HEAP may be of practical interest to parties seeking the most expeditious resolution of a dispute whilst retaining the advantages of ICC arbitration. However, the tight time limits and the requirement to set out full arguments in the Request for Arbitration mean that careful preparation is necessary before proceedings commence.

The obligation to disclose information about third parties financing the arbitration is a novelty in ICC practice. Parties seeking external financing for the arbitration should take this obligation into account as early as the dispute planning stage.

ADDITIONAL NOTES

This LEGAL ALERT is issued to inform AVELLUM clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The information above does not constitute legal or other advice and should not be considered a substitute for specific advice in individual cases.

For further information on the ICC Rules 2026 please contact partner Oleksii Maslov, by telephone +380 44 591-3355, or via e-mail.