2026 ICC Arbitration Rules: Key Changes for Businesses

The International Chamber of Commerce (ICC) has introduced its 2026 Rules of Arbitration, effective from 1 June 2026, bringing a series of targeted procedural changes designed to improve efficiency, reduce unnecessary costs and accelerate the resolution of international disputes.

While the 2026 Rules retain the overall framework of the 2021 Rules, they place greater emphasis on early case management, streamlined procedures and digital processes. Businesses using ICC arbitration should consider how these changes may affect their existing arbitration clauses and future dispute resolution strategies.

Overview of the 2026 Amendments

Earlier case management replaces mandatory Terms of Reference

One of the most significant changes is the removal of the mandatory requirement to prepare Terms of Reference, a long-standing feature of ICC arbitration.

Instead:

the tribunal must hold the first Case Management Conference within 30 days of receiving the file;
the procedural timetable will be established at an earlier stage; and
new claims after the Case Management Conference will generally require the tribunal’s permission.

These changes are intended to reduce procedural delays and enable tribunals to focus on the substantive issues earlier in the proceedings.

Express procedure for early determination

The 2026 Rules now expressly allow parties to seek early determination of claims or defences that are:

manifestly without legal merit; or
manifestly outside the tribunal’s jurisdiction.

Although early determination was previously recognised through ICC practice, its inclusion within the Rules provides greater certainty and may enable unmeritorious claims to be resolved more efficiently.

Expanded expedited arbitration

The threshold for the automatic application of the Expedited Procedure has increased from US$3 million to US$4 million for arbitration agreements concluded on or after 1 June 2026.

The ICC has also introduced a new Highly Expedited Arbitration Procedure.

Available on an opt-in basis regardless of the amount in dispute, this procedure is intended to deliver a final award within three months of the initial Case Management Conference. Proceedings are front-loaded, generally involve a sole arbitrator and may proceed without a hearing where appropriate, making the procedure particularly suitable for urgent commercial disputes.

Enhanced emergency arbitration

The 2026 Rules strengthen the emergency arbitration regime by:

clarifying against whom emergency relief may be sought;
expressly recognising preliminary orders where urgent interim protection is required; and
providing clearer procedural safeguards for parties affected by emergency measures.

Continued modernisation

The Rules further modernise ICC arbitration by:

recognising electronic communications as the default;
permitting the electronic execution of awards;
strengthening arbitrator disclosure obligations;
formalising the role of tribunal secretaries; and
aligning the timetable for rendering awards with the procedural timetable established by the tribunal, rather than the former six-month period linked to the Terms of Reference.

Practical implications for businesses

The amendments place greater emphasis on early case preparation and active case management.

For businesses, this may mean:

earlier preparation of claims, defences and supporting evidence;
greater opportunities to resolve unmeritorious claims at an early stage;
faster resolution of suitable disputes;
reduced procedural costs; and
increased flexibility through expanded expedited procedures.

Businesses should review their arbitration clauses and dispute resolution strategies to determine whether they remain aligned with the updated procedural framework and their commercial objectives.

How ASAR assists clients

ASAR has one of the leading disputes and international arbitration practices in the GCC, advising and representing clients in complex ICC arbitrations across a broad range of industries.

Our team can assist with:

drafting and reviewing ICC arbitration clauses and dispute resolution provisions;
advising on the strategic use of the Expedited and Highly Expedited Arbitration Procedures;
assisting clients in ICC arbitrations governed by Bahraini law;
advising on jurisdictional challenges, interim measures and enforcement strategies; and
enforcing or challenging arbitral awards before the Bahraini courts and across the GCC.

As arbitration continues to evolve, businesses should ensure their dispute resolution clauses and strategies remain aligned with the latest procedural framework. Early planning and effective case management can help parties make the most of the efficiencies introduced by the 2026 ICC Rules.

Need Advice?

If you have any questions about the 2026 ICC Rules of Arbitration or would like to discuss you dispute resolution strategy, please contact the ASAR Bahrain team at asarbh@asarlegal.com.