Arbitration is an increasingly popular tool for the efficient resolution of disputes. With the rapidly evolving pace and globalisation of commercial operations, the need for efficient international dispute resolution remains at the forefront of most commercial parties’ minds.
Effective June 1, 2026, the International Chamber of Commerce (ICC), one of the world’s leading arbitral institutions, introduced updated Arbitration Rules (New Rules). The New Rules seek to enhance and streamline the arbitration process conducted pursuant to its procedures by removing some cumbersome steps and introducing new provisions for early or expedited determination of disputes.
Removal of Mandatory Terms of Reference
Historically, one of the first procedural steps in an ICC arbitration has been to draw up formal Terms of Reference outlining the scope of the dispute and formalizing certain procedural aspects of the arbitration. Under the New Rules, doing so will no longer be a mandatory step in the proceedings — though arbitral tribunals will retain the discretion to prepare them.
Terms of Reference may continue to serve a valuable case management function in certain complex disputes. However, in many cases, they have proven to be an unnecessarily cumbersome procedural step that can add time and cost at the outset of a proceeding. In place of the mandatory Terms of Reference, the New Rules emphasize the mandatory initial case management conference and subsequent Procedural Order No. 1 as the primary tools for establishing the procedure and structure of the proceedings.
Early Determination, Expedited and Highly Expedited Procedures
The New Rules have introduced three significant changes aimed at achieving expedited resolution of disputes.
Most significantly, the New Rules introduce the Highly Expedited Arbitration Provisions (HEAP), a new, opt-in fast-track procedure designed to facilitate the expedited resolution of low complexity disputes or discrete issues within a dispute. Under HEAP, parties are required to submit their respective statements of claim and defences at the outset of the proceedings, with the arbitration then conducted under an expedited and fixed timetable prescribed by the New Rules. Arbitrations under HEAP are to be resolved by a single arbitrator, with an award to be issued within three months of the initial case management conference. The use of HEAP is likely to be most practical for situations where a single discrete issue needs rapid resolution, rather than highly complex matters.
The New Rules also retain the Expedited Procedure Provisions first introduced in 2017. In contrast to HEAP, the Expedited Procedure Provisions apply by default to proceedings where the amount in dispute falls below a certain monetary threshold. While the Expedited Procedure Provisions did not receive a significant update in the New Rules, the threshold amount under which those procedures will apply has been increased from US$3-million to $4-million.
Finally, the New Rules now expressly grant parties the right to apply to the arbitral tribunal for an early determination of claims or defences that are without merit or outside of the arbitral tribunal’s jurisdiction. Similar to the remedy in court proceedings of “striking pleadings,” this early determination process may allow parties to strike certain claims and defences at an early stage without incurring the time and cost associated with a full arbitration proceeding.
Emergency Arbitrator Provisions
The New Rules contain discrete modifications to the ICC’s Emergency Arbitrator Provisions, which were first introduced in 2012, and permit the appointment of an emergency arbitrator to hear applications for interim or conservatory relief that cannot await the constitution of an arbitral tribunal.
There is now a presumption that the Emergency Arbitration Provisions apply even if a party is not a signatory to an arbitration agreement, provided that the President of the ICC Court is satisfied that a binding arbitration agreement may exist. The New Rules further provide for preliminary orders to be made directing a party not to frustrate the purpose of the emergency arbitration application. Depending on the circumstances, these requests may now be made and decided without notice to other parties, though absent parties will later be afforded a reasonable opportunity to present their case and seek modification of the preliminary order after it is granted.
Why These Changes Are Important
Selection of the institution that best suits your dispute’s needs is critical. When drafting arbitration agreements, choosing whether to have the arbitration institutionally administered, as well as choosing institutional rules, are important considerations. Arbitral institutions are working to keep up with the growing demand for efficient, cost-effective and expedited procedures. Institutional administration, particularly those that allow for expedited procedures, may provide for greater oversight, predictability and a more comprehensive procedural framework than an ad hoc arbitration.
For more information, please contact the authors or any other member of our Arbitration group.
