ICC Arbitration Rules 2026: The Future of International Commercial Arbitration

Highlights of the revisions in the 2026 ICC Rules

01 02 Removal of Mandatory Early determination for Terms of Reference manifestly unmeritorious or ultra vires matters For the first time since the 1950s, Terms of The 2026 ICC Rules introduce a mechanism Reference (ToR) are no longer a mandatory for early determination of claims or defences step in Arbitral proceedings. Although the that are without merit or outside the 2026 ICC Rules still give the arbitral tribunal jurisdiction of the tribunal.3 Although ICC the discretion to draw up a ToR where tribunals previously addressed such issues useful,1 the focus has shifted to an initial through their general case management Case Management Conference (CMC). The powers, the 2026 ICC Rules now expressly CMC must be held within 30 days of the codify the procedure.

This provides tribunals arbitral tribunal's receipt of the file and and parties with a clear and standardised should be given prominence.2 framework for, where appropriate, narrowing the issues in dispute or disposing of In practice, matters previously captured in unmeritorious claims or defences at an early the ToR (party identification, jurisdictional stage. confirmations, governing law, and issue framing) can be reflected in Procedural This development is particularly significant Order No. 1 and a robust procedural when viewed against the arbitration timetable. This change would possibly framework in Nigeria. The Arbitration and reduce front-loading of costs and delays, Mediation Act 2023 does not contain an particularly in smaller or time-sensitive express early determination mechanism. disputes.

Juxtaposing this to traditional litigation, the Nigerian courts have inherent powers to In Nigeria, this development mirrors the strike out frivolous claims or discountenance preliminary meeting or hearing already frivolous defences and proceed to summary familiar in Nigerian arbitral practice, which judgment. enables the Tribunal to establish the procedural timetable and procedural orders The absence of a dedicated procedural tool to guide the proceedings. within the arbitral framework means that parties to domestic arbitrations lack a structured and formal route to early disposal now available under the 2026 ICC Rules.

An CMC Window early determination mechanism would be 30 days particularly valuable in Nigerian commercial arbitrations, where delay and the cost of full proceedings can be disproportionate to the from the arbitral tribunal's receipt of the file. merits of certain claims or defences.

03 04 Conflicts and Disclosure Confidentiality Obligations for arbitrators

The 2026 Rules refine the framework Generally, confidentiality has been seen governing an arbitrator’s neutrality.4 One of more as an obligation on parties and their the most notable developments includes: (a) counsel; the 2026 ICC Rules now impose a the provision that any doubt regarding clear duty on arbitrators to keep matters disclosure “shall be resolved in favour of relating to the arbitral proceedings disclosure”;5 and (b) Article 12(4), which confidential, subject to limited carve-outs clarifies that disclosure does not (the public domain, party agreement, legal automatically imply a lack of independence requirement, and the protection of legal or impartiality. rights).

Essentially, the 2026 ICC Rules prioritise the tribunal’s obligation to keep the The addition of Article 12(5), which requires proceedings and all matters related to it parties to assist in identifying potential confidential. conflicts, introduces a more collaborative model of conflict management, shifting part of the burden of conflict search onto the parties.6 Generally, after parties nominate an arbitrator, the ICC must confirm that person before the tribunal is officially informed. The 2026 ICC Rules now provide that, even if neither party objects to the nominee, the ICC Secretary General may still send the confirmation decision to the ICC Court for a final decision.

05 Time limit for Award delivery

With the removal of the mandatory Terms of Reference (ToR), the traditional six-month timeframe tied to ToR signature has also been eliminated.7 The 2026 ICC Rules now provide that the ICC Court President “shallfixthetimelimit,orsubsequentlyextendthetimelimit,for renderingthefinalaward,considering:(a)theproceduraltimetableestablishedpursuantto Article24(2);or(b)areasonedrequestfromthearbitraltribunal.”8

This has created room for greater case-specific flexibility, allowing the ICC Court to manage timelines more realistically. In Nigeria, the AMA 2023 retains a fixed statutory timeline for the delivery of awards. While statutory deadlines serve the legitimate purpose of promoting efficiency, the ICC's more flexible approach recognises that not all disputes can or should be resolved within a single uniform timeframe, especially considering that some cases could be more complex and onerous than others. Future reform of the AMA 2023 might consider introducing a mechanism that allows for adjustment of award deadlines in appropriate circumstances, balancing efficiency with the practical realities of complex commercial disputes.

06 Adaptation to Technology

The 2026 ICC Rules provide that tribunals may sign awards electronically or in counterparts. It further provides that tribunals may request that the secretariat notify the award in paper or electronic form, after consultation with the parties and consideration of relevant circumstances.9

Furthermore, Article 3(1) of the 2026 Rules provides that all written communications with the Secretariat shall be made by email or other electronic means, unless a party requests confirmation of receipt or delivery of hard copies to effectuate service of the request for arbitration, request for joinder and answer to the request or Joinder.10

The Arbitration and Mediation Act 2023 remains neutral on technology. Technology is here to stay, and with each passing day arbitrators increasingly deploy a range of technological tools in arbitration. Beyond recognising and accommodating the use of technology, there is a need for well-thought-out legislation or a framework that guides the ethical use of technology in arbitration, addressing risks, confidentiality and accountability.

07 08 Expedited Procedure Highly Expedited Arbitration Provisions (HEAP)

Under the 2026 ICC Rules, the monetary The 2026 ICC Rules introduce the Highly threshold for the automatic application of Expedited Arbitration, which provides for a the Expedited Procedure Provisions has final award to be issued within three months been increased to $4,000,000 (Four Million of the initial Case Management United States Dollars) for arbitration Conference.12 It should be noted that during agreements concluded on or after June 1, the course of the Highly Expedited 2026.11 The higher threshold acknowledges Arbitration proceedings, if the parties agree both the rising value of international that the Highly Expedited Arbitration commercial disputes and the confidence the Provisions shall no longer apply, they will no global business community, as well as states longer be applicable.13 Also, the ICC Court and state entities, users have developed in can, suomotuor on the request of a party or ICC proceedings.

Corresponding case the tribunal, decide that the Highly management features have been refined to Expedited Arbitration proceedings should no promote early discipline (including tighter longer apply.14 CMC timelines and controls on new claims after the initial CMC unless leave is granted). It is worth observing that Nigerian arbitral All other established procedural features of institutions have not yet introduced a the EPP remain unchanged. comparable ultra-expedited procedure. Given the well-documented delays associated with commercial dispute resolution in Nigeria, the adoption of a HEAP-style mechanism by Nigerian arbitral bodies could be a significant step toward enhancing the attractiveness of Nigeria as a

10 09 Replacement of Arbitrators Emergency Arbitration

The 2026 ICC Rules clarify the scope of Article 16(5) addresses the procedural parties against whom emergency relief may consequences of replacing an arbitrator. It be sought.15 The Emergency Arbitrator confirms the tribunal’s authority to determine provisions apply only to: (a) parties that are whether, and to what extent, prior signatories to the arbitration agreement proceedings should stand or be repeated upon which the application is based, (b) their following a replacement.

The ICC Court can successors and (c) any party which the ICC now also authorise a truncated tribunal to President is satisfied that an arbitration proceed following the death or removal of agreement binding such party may exist.16 an arbitrator after the last hearing or last The 2026 Rules also makes provision for substantive submissions, whichever is later. circumstances or parties the Emergency Previously, this was confined to the Arbitrator provisions would not apply to, post-closure phase.

The change protects which includes: (a) where the arbitration sunk cost and momentum, where replacing agreement under the Rules was concluded an arbitrator would add disproportionate before January 1, 2012, (b) where parties delay. have agreed to opt out of the Emergency Arbitration provisions, or (c) where the arbitration agreement on which the application is based arises from a treaty or an investment protection law.17

11 Tribunal Secretary

The 2026 Rules formally regulate the role of the tribunal secretary, which is an increasingly important feature of modern arbitration.18 It provides that the tribunal secretaries must satisfy the same independence, impartiality, and confidentiality requirements as arbitrators under the Rules and sign a statement of acceptance, availability, impartiality, and independence before their appointment.19 This is very important as Tribunal Secretaries have come to stay in arbitral proceedings, it is only right that there is a formalised framework guiding the appointment of Tribunal secretaries, enumerating their roles, responsibilities and obligations and ultimately ensure that Tribunal Secretaries are held accountable and to the same standards as the arbitrators themselves.

Implications for Nigerian Arbitration Practice and Reform

The 2026 ICC Rules offer a valuable Second, the collaborative conflict benchmark for the continued disclosure model introduced by the 2026 development of arbitration practice in ICC Rules could be adapted for the Nigeria. While the Arbitration and Nigerian context, strengthening the Mediation Act 2023 represent a integrity of the arbitral process. Third, the significant modernisation of the Nigerian express regulation of the tribunal arbitral framework, the revisions to the secretary's role addresses a gap in the ICC Rules highlight several areas where AMA and could be addressed through further reform could enhance the institutional guidance pending any efficiency, transparency and legislative revision. attractiveness of Nigerian arbitration.

More broadly, the innovations in the 2026 First, the adoption of an early ICC Rules, particularly the HEAP and the determination mechanism, whether enhanced technology provisions, should through legislative amendment or prompt Nigerian arbitral institutions and institutional practice directions, would the legislature to consider whether provide Nigerian arbitral tribunals with a corresponding reforms are needed to tool to address frivolous or ensure that Nigerian arbitration remains jurisdictionally defective claims at an competitive with the procedural early stage, reducing cost and delay for offerings of leading international all parties. institutions.

More Broadly

HEAP & Technology

Conclusion

The 2026 ICC Rules represent a significant adjustment to the framework that largely guides international commercial arbitration. By revision, the ICC has aligned its procedure more closely with how parties actually arbitrate today.

The recommendation for parties now is to redraft their arbitration clauses to anticipate ToR-less proceedings; decide their default position on EPP opt-out and HEAP opt-in; operationalise conflict disclosures; and update emergency-relief playbooks to leverage the broader reach of ICC emergency measures.

For the Nigerian arbitration community, the 2026 ICC Rules provide a roadmap for further development. Arbitral institutions and lawmakers in Nigeria are invited to draw on these innovations to continue strengthening the Nigerian arbitral framework, ensuring that it remains fit for purpose in an increasingly competitive global landscape for dispute resolution.

If implemented thoughtfully, the 2026 ICC Rules is expected to deliver faster, clearer and more predictable arbitral proceedings without sacrificing the institutional oversight that has long differentiated ICC arbitration.

If implemented thoughtfully, the 2026 ICC Rules is expected to deliver faster, clearer and more predictable arbitral proceedings without sacrificing the institutional oversight that has long differentiated ICC arbitration.

Endnotes 12

1. ICC Arbitration Rules 2021, Article 23(2) 2. ICC Arbitration Rules 2026, Article 24 3. ICC Arbitration Rules 2026, Article 30 4. ICC Arbitration Rules 2026, Article 12 5. ICC Arbitration Rules 2026, Article 12(2) 6. ICC Arbitration Rules 2026, Article 12(5) 7. ICC Arbitration Rules 2021 Article 31(1) 8. ICC Arbitration Rules 2026, Article 34 9. ICC Arbitration Rules 2026, Article 38 10. ICC Arbitration Rules 2026, Article 3(2) 11. ICC Arbitration Rules 2026, Article 32 12. ICC Arbitration Rules 2026, Article 33 13. ICC Arbitration Rules 2026, Article 1 (2) of Appendix VI 14. Ibid 15. ICC Arbitration Rules 2026, Article 31 16. ICC Arbitration Rules 2026, Article 1 (2) of Appendix IV 17. ICC Arbitration Rules 2026, Article 1 (3) of Appendix IV 18. ICC Arbitration Rules 2026, Article 44 19. ICC Arbitration Rules 2026, Article 44 (2)