1.

Abolition of the Mandatory Terms of Reference (“TOR”)

Under the Previous Rules, the arbitral tribunal was required to transmit the TOR—signed by the tribunal and the parties—to the ICC Court within 30 days of the date on which the file was transmitted to it. Under the 2026 Rules, this mandatory TOR requirement is abolished, leaving it to the arbitral tribunal’s discretion to utilize the TOR as a case management tool.

However, within 30 days of receipt of the relevant document from the Secretariat, the arbitral tribunal must hold a Case Management Conference (“CMC”), and absent specific authorization from the arbitral tribunal, parties may not, in principle, introduce new claims after the CMC. Where a new claim is sought to be introduced, the arbitral tribunal will decide whether to permit it by taking into account (i) the nature of the new claim, (ii) the stage of the proceedings, (iii) cost-related implications, and (iv) any other relevant circumstances.
 

2.

Codification of Arbitrators’ Duty of Confidentiality

The 2026 Rules expressly codify arbitrators’ duty of confidentiality. Accordingly, arbitrators must maintain confidentiality with respect to all matters relating to the arbitration, except (i) in relation to information in the public domain, (ii) where the parties have agreed otherwise, (iii) where required by applicable law, or (iv) where necessary to protect legal rights or comply with a disclosure obligation.
 

3.

Enhanced Disclosure Procedures for Arbitrators

While maintaining the core approach of the Previous Rules regarding disclosures, the 2026 Rules explicitly codify the principle that, if there is any doubt as to whether a disclosure should be made, the arbitrator must choose to disclose. The 2026 Rules also expressly codify the principle—previously recognized as a matter of practice by the ICC Court—that a disclosure does not, by itself, establish a lack of independence or impartiality.

In addition, the 2026 Rules require each party to submit, together with its Request for Arbitration or Answer, a list of persons and entities in relation to whom potential arbitrator candidates and arbitrators should consider whether disclosure is required. This is intended to enable potential conflicts of interest to be identified at an early stage and to enhance procedural efficiency.
 

4.

Electronic Communications as Default Means of Communication

The 2026 Rules provide that written communications with the Secretariat are to be made by email or other electronic means as a matter of principle. Accordingly, hard copy submissions of the Request for Arbitration or Answer, and other documents are required only where electronic transmission is not possible or where a party requests a confirmation of service by registered mail or equivalent. Subject to consultation with the parties, the arbitral tribunal may electronically sign the arbitral award.
 

5.

Flexible Time Limit for Final Award

Under the Previous Rules, the final award had to be rendered, in principle, within six months from the date of the last signature on the TOR, subject to extensions by the ICC Court if deemed necessary or upon a reasonable request from the arbitral tribunal. The 2026 Rules abolish this six-month time limit running from the date of the last signature of the TOR, and instead allow the President of the Court to set a time limit based on the procedural timetable or a reasoned request by the arbitral tribunal.
 

6.

Introduction of Early Determination Procedure

The 2026 Rules introduce a new procedure whereby a party may apply for an early determination of a specific claim or defense on the grounds that it is (i) manifestly without merit, or (ii) manifestly outside the jurisdiction of the arbitral tribunal. The arbitral tribunal has discretion to decide whether to proceed with such application and, if it decides to do so, shall adopt an appropriate procedure after consulting the parties.
 

7.

Increase of Threshold Amount for Expedited Procedure Provisions (“EPP”)

The threshold amount for the application of the EPP has been increased from USD 3 million to USD 4 million under the 2026 Rules, thereby expanding the range of disputes subject to the expedited procedure. The increased threshold of USD 4 million will, however, apply only to disputes arising from arbitration agreements concluded on or after June 1, 2026.
 

8.

Introduction of Highly Expedited Arbitration Provisions (“HEAP”)

Under Appendix VI, the 2026 Rules introduce the HEAP, aiming to deliver a final award within three months. The HEAP operates on an opt-in basis and may be elected by the parties by agreement, regardless of the amount in dispute.

HEAP proceedings are decided by a sole arbitrator, and absent any extension of time limit, a final award will, in principle, be rendered within three months of the first CMC. It is also possible, by agreement between the parties, for the award to be rendered without reasons.