ArbDB Chambers Member, John Abbott, has put this briefing note together on the Reforms in the ICC Arbitration Rules 2026.

On 1 June 2026, the ICC unveiled its most substantial revision of the Arbitration Rules since 2021, marking a decisive shift toward faster, clearer, and more modern arbitral practice. As ArbDB Chambers’ John Abbott notes, the reforms aim to streamline procedure, accelerate timelines, and reinforce the ICC’s position as a leading global arbitral institution. For arbitrations seated in England & Wales, the Rules operate in tandem with the Arbitration Act 1996, maintaining the statutory foundation of fairness, efficiency, and limited court intervention.

The 2026 overhaul centres on five themes: speed, procedural clarity, early filtering of weak claims, stronger interim relief, and greater transparency in arbitrator appointments.

1. Abolition of the Terms of Reference: A Structural Shift

One of the most striking reforms is the removal of the Terms of Reference (TOR). TORs were considered to be a defining feature of ICC arbitration. The Case Management Conference (CMC) is now the procedural anchor of the arbitration. Tribunals must hold the CMC within 30 days of receiving the file, and it becomes the cut-off point for adding new claims or defences.

This change aligns ICC practice with other institutions and reduces early-stage cost and delay. While tribunals may still choose to prepare a TOR voluntarily, parties should now treat the CMC as a hard deadline for crystallising claims, jurisdictional objections, and evidential strategy.

2. Early Determination: A New Summary Disposal Tool

Article 30 introduces a mechanism allowing tribunals to dismiss claims or defences that are manifestly without merit or manifestly outside jurisdiction. This largely mirrors summary dismissal provisions in SIAC and HKIAC rules and complements the tribunal’s duty under s.33 Arbitration Act 1996 to avoid unnecessary delay.

Contrast s.39A of the Arbitration Act, where the threshold— “no real prospect of success”—is arguably higher than that of Art. 30. Early Determination is expected to be used for time-barred claims, clearly non-contractual claims, or abusive pleadings, though tribunals may penalise tactical misuse through costs under s.61.

3. Expedited and Highly Expedited Procedures

The ICC has expanded its fast-track options as follows:

• Expedited Procedure: automatic threshold increased from US$3m to US$4m, but it is possible to opt out.

• Highly Expedited Procedure: a new opt-in mechanism targeting a final award within three months of the CMC, typically with a sole arbitrator and limited submissions.

When drafting an arbitration agreement, consideration should be given to whether the expedited pathways suit the potential disputes which may arise under a commercial agreement.

4. Strengthened Emergency Arbitration Powers

Emergency Arbitration (EA) is significantly reinforcement. Emergency Arbitrators may now issue Preliminary Orders, including ex parte orders, before the main arbitration begins. The Emergency Arbitrator’s Decision must still be delivered within 15 days of appointment.

EA relief complements the court’s powers under s.44 Arbitration Act 1996, though EA orders remain contractual in nature. For coercive enforcement or third-party effects, parties may still have to turn to the High Court.

5. Enhanced Arbitrator Disclosures and Conflict Management

Article 12 expands disclosure obligations and requires parties to provide comprehensive lists of persons and entities relevant to conflict checks. This aligns with ss.23A, 24 and 33 of the Arbitration Act 1996. However, disclosure does not equate to lack of independence, but early and thorough disclosure will enhance conflict management and should reduce the risk of late challenges.

6. Case Management, Evidence, and Hearings

Tribunals retain broad discretion over evidence, including virtual hearings—now firmly embedded in English case law. Under s.34 Arbitration Act 1996, tribunals may decide whether to hold oral hearings, how evidence is presented, and whether to adopt IBA or other rules on evidence.

As always, Tribunals and parties should ensure procedural decisions do not risk challenges.

7. Interim Measures: Reinforced and Integrated

Article 29 and Appendix V reaffirm tribunals’ powers to order interim measures, which is now strengthened by the Emergency Arbitration reforms. Tribunal-ordered measures may require court assistance under s.42 Arbitration Act 1996, and urgent asset preservation may justify parallel applications under s.42.

8. Award Scrutiny and Costs

The ICC Court will continue to scrutinise draft awards, thus reducing the risk of s.68 challenges—for example failures to address all issues that were put to the Tribunal.

Costs remain structured, with tribunals generally applying the “costs follow the event” principle unless party agreement or fairness dictates otherwise.

Conclusion

The 2026 ICC Rules represent a decisive modernisation of ICC arbitration. By removing the TOR, introducing Early Determination, expanding expedited pathways, and strengthening emergency and interim relief, the ICC has created a more agile and efficient framework. For practitioners and parties—particularly those operating under the Arbitration Act 1996—the reforms offer both opportunities and new strategic considerations for parties and their representatives.

A comparison Table showing the old ICC Arbitration Rules against the 2026 Rules is annexed.

John Abbott FCIArb SFBiam

Arbitrator and Mediator

ArbDB Chambers

July 2026

Comparison Table: ICC Arbitration Rules 2021 against the ICC Arbitration Rules 2026

For enquiries as to John’s availability for appointments as arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on either tel +44 (0)203 514 9020 or email martin.poulter@arbdb.com

ArbDB Chambers Member, Paul Rose FCIArb, CArb, LLM, conducted this session, organised by the Asian Institute of Alternative Dispute Resolution (AIADR) and the Centre for Mediation and Research of Maharashtra National Law University, Mumbai. Paul tackled the appointment and constitution of the tribunal, the role, powers and responsibilities arbitrators and challenges to the appointment of arbitrators. The attentive audience consisted of undergraduate law students and post-graduate law students. For enquiries about Paul's availability for appointments as arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on tel +44 203 914 9020 or email martin.poulter@arbdb.com

ArbDB Chambers Member, Steffen Pedersen, has joined the LMLN Editorial Team, as Co-Editor of the Arbitration Section of the LMLN, working with Andrea Skeoch and Professor Robert Merkin, who remains Co-Editor in respect of judicial case law. The first newsletter under the Arbitration Co-Editorship of Steffen and Andrea was Issue 1218 published on 14 August 2026 and contained summaries of two important Court decisions on maritime issues, namely on the calculation of the daily hire rate by reference to the freight payable for LNG, rectification and common and unilateral mistake and safe port, liability for vessel damage during discharge. Another Newsletter was published even more recently and deals with an important Court decision on force majeure and whether timely notice of a force majeure event is a condition precedent. ArbDB Chambers commented: "We are delighted that Steffen has joined and has already started working as part of the Lloyds Maritime Law Newsletter Editorial Team and we wish him every success in that role. This also reflects the depth of expertise amongst our Members, particularly in the maritime and related areas, such as energy and deep sea mining." For enquiries about appointments of Steffen as arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on tel +44 (0)203 514 9020 or email martin.poulter@arbdb.com.

In June 2026, the UAE passed Decree No (85) of 2026. Becoming a signatory to the Singapore Convention on Mediation. There are conditions and qualifications contained in the Decree, including its very limited application to UAE Government parties. Professor Stephen Hibbert, of ArbDB Chambers, who is based in Dubai, comments: “This represents the UAE’s continued reinforcement of mediation as an important element of the dispute resolution process, when conducting business in or with companies in the UAE”. A useful summary can be found here: https://www.linkedin.com/pulse/uae-approves-accession-singapore-convention-mediation-ummer-babu-jgvyf/ For appointments of Stephen Hibbert as Arbitrator or Dispute Board Member, please contact our Clerk to ArbDB Chambers, Martin Poulter, on tel +44 (0)203 514 9020 or email martin.poulter@arbdb.com

ArbDB Chambers is once again supporting the Maritime Law Association of Australia and New Zealand (MLAANZ) at its 51st annual conference, taking place in Sydney from 27 to 29 October 2026. Details of the event can be found at: https://na.eventscloud.com/ehome/mlaanz2026/

Julia Sullivan, ArbDB Member and leading arbitrator, is honoured to have been appointed as a Founding Member of the International Bar Association's North America Regional Council. Julia commented: "The IBA has long played a vital role in advancing the rule of law, fostering international legal cooperation and bringing together lawyers and dispute resolution professionals from around the world. It is a privilege to contribute to the Council's work, as it helps strengthen engagement among practitioners throughout North America and promotes collaboration across the global legal community." Julia looks forward to working with fellow Council Members and supporting the IBA's efforts to enhance professional exchange, promote excellence in legal practice and expand opportunities for lawyers with an interest in international law and dispute resolution. For enquiries about appointing Julia Sullivan https://www.arbdb.com/julia-sullivan as an arbitrator, please contact our Clerk to ArbDB Chambers, Martin Poulter, on +44 (0)203 514 9020 or martin.poulter@arbdb.com.

ArbDB Chambers Member, Adj Professor Stephen Hibbert, will be speaking at the Construction, Contracts and Dispute Resolution Forum at the Rixos Marina, Abu Dhabi on 29-30 September 2026. https://ccdrforum.com/ The Forum will have the theme of “Strengthening Construction Ties by Bridging Comprehensive Contract Management with Effective Dispute Resolution” and Dr Hibbert will be speaking on “Mediation during the Construction/Project-Delivery Stage”. For enquiries about Prof Hibbert’s availability as an arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on tel +44 (0)203 514 9020 or email martin.poulter@arbdb.com.

On May 29, 2026, ArbDB Chambers member Julia Sullivan spoke at a webinar entitled "Building Under Pressure: A Multi-Regional Dialogue on the Future of Dispute Resolution for Accelerated Infrastructure Systems", sponsored by Amanah21. Julia addressed dispute resolution mechanisms under FIDIC's Red Book and FIDIC's MDB Harmonized Construction Contract, as well as ICC arbitration procedures. The panel was moderated by Umer Ghazanfar Malik, founder of Amanah21. Other speakers included Marcus Cato, Peter Neumann, Mariam N. Iga, Rabia Omar Hassan and Vardah Malik. For enquiries on Julia's availability for appointments as arbitrator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on +44 (0)203 514 9020 or martin.poulter@arbdb.com.

ArbDB Chambers Member, Professor Stephen Hibbert has contributed to the BRG Report “Risk of Derailment: What is driving Disputes in Global Railway Projects?”, on “Project Preparation and Procurement”, bringing to bear his experience on the Doha Metro project, noting that, on this project, interfaces were deliberately limited and that disputes usually arise not from engineering failure but from misalignment at the boundaries between scopes. Professor Hibbert is an experienced international commercial arbitrator and mediator and, for enquiries about his availability as arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on +44 (0)203 514 9020 or martin.poulter@arbdb.com. BRG's LinkedIn page can be found here.

ArbDB Chambers Member, Steffen Pedersen, is now listed on the DIAC List of Arbitrators. Steffen is an experienced international arbitrator and mediator, particularly in maritime and international trade and energy disputes. DIAC is one of the leading dispute centres in the Gulf Co-Operation Council Region for arbitration and mediation. For enquiries about appointments of Steffen as arbitrator or mediator, please contact the Clerk to ArbDB Chambers, Martin Poulter, on tel +44 (0)203 514 9020 or martin.poulter@arbdb.com.