The International Chamber of Commerce (“ICC”) has approved a revised version of its Rules of Arbitration, which will enter into force on 1 June 2026 (the “2026 ICC Rules”), replacing the 2021 Rules of Arbitration (the “2021 ICC Rules”). The revised Rules will apply to all requests for arbitration filed on or after 1 June 2026. Described by the ICC as the most substantial revision since 2012, the 2026 ICC Rules are designed to enhance efficiency, clarity and user-friendliness, ensuring ICC arbitration remains responsive to the evolving needs of global users. Claudia Salomon, President of the ICC International Court of Arbitration, has noted that the revisions “make the Rules clearer and arbitration more efficient, while preserving the flexibility and procedural integrity that parties expect”.

As the 1 June 2026 entry into force date approaches, it is essential for businesses, in-house counsel and practitioners across the region to familiarise themselves with the key changes that the new Rules will bring. This article provides an overview of the most significant amendments introduced by the 2026 ICC Rules, together with our initial observations on their practical significance for businesses and practitioners in the Middle East and beyond.

Introduction of a Highly Expedited Procedure

One of the most notable innovations under the 2026 ICC Rules is the introduction of a new highly expedited procedure, enabling tribunals to issue a final award within just three months. This mechanism is designed to meet the increasing demand for swift and enforceable decisions in urgent, time-sensitive disputes, and will operate on an opt-in basis as a pilot project subject to ongoing review.

Under this framework, disputes may be resolved solely on the basis of written submissions, without a hearing, and parties may agree to the issuance of an award without reasons. Parties will be required to present their full case at the outset, including all evidence and arguments, and joinder and consolidation will not be permitted. A sole arbitrator is to be agreed upon by the parties within 20 days or, failing agreement, appointed by the ICC Court. It remains to be seen which sectors will adopt this procedure, although it is likely to appeal to industries such as cryptocurrency and commodities where speed is often commercially critical. Commentators have also noted that the procedure is likely to attract significant attention in the construction and energy sectors, as well as intellectual property, technology-related disputes and M&A arbitrations, where the ability to secure a rapid and final determination is often critical. In the construction and energy context, how this procedure will interact with DAB and adjudication mechanisms remains to be seen; however, it could prove a valuable additional tool for achieving timely, contemporaneous final resolution of issues central to the delivery of major projects, including disputes over development commitments, design standards, serial defects, acceleration instructions or the application of liquidated damages to interim milestones.

Increased Threshold for the Expedited Procedure

Under the 2026 ICC Rules, the monetary threshold for the automatic application of the Expedited Procedure Provisions (“EPP”) will increase from USD 3 million to USD 4 million for claims brought under arbitration agreements concluded on or after 1 June 2026. Given that, in 2025 alone, over 40% of ICC cases did not exceed USD 4 million, this adjustment broadens the range of disputes eligible for expedited arbitration. Since the introduction of the EPP in 2017, the ICC Court has administered 1,034 cases resulting in 591 awards under these provisions.

Importantly, party autonomy is preserved: parties remain free to opt in or out of the EPP regardless of whether a case falls within the automatic monetary threshold.

Removal of Mandatory Terms of Reference

Perhaps the most significant procedural change is the removal of mandatory Terms of Reference (“TORs”), long regarded as a defining feature of ICC arbitration. Under Article 23 of the 2021 ICC Rules, the arbitral tribunal was required to draw up TORs within 30 days of the file being transmitted to it, though extensions were frequently granted in practice.

Under the 2026 ICC Rules, TORs are no longer a necessary step in ICC proceedings, although arbitral tribunals retain the discretion to establish them where appropriate as a useful case management tool. This approach builds on the experience of the EPP, under which TORs were already optional; the ICC Court has administered more than 1,000 cases under the EPP, with fewer than 25 tribunals deciding to draw up TORs.

In parallel, the Case Management Conference (“CMC”), which remains mandatory and must be held within 30 days of the transmission of the file to the arbitral tribunal, assumes a more central role as the principal procedural milestone for structuring proceedings. Notably, no party may introduce new claims after the initial CMC without the authorisation of the arbitral tribunal, taking into account, amongst other factors, the nature of the new claims, the stage of the proceedings and any cost implications.

Early Determination of Claims

Taking inspiration from common law mechanisms and similar provisions already adopted by the LCIA, the 2026 ICC Rules introduce an early determination mechanism. Any party may request the arbitral tribunal to make an early determination of one or more claims or defences where such claims or defences are manifestly without merit or manifestly outside the jurisdiction of the tribunal. The arbitral tribunal retains full discretion as to whether to allow the request to proceed and, if so, shall adopt such procedural measures as it considers appropriate, after consulting the parties.

This provision is a welcome development for practitioners seeking to prevent unmeritorious arguments from delaying proceedings and inflating costs.

Flexible Time Limits for Rendering Awards

Under Article 31 of the 2021 ICC Rules, arbitral tribunals were generally required to issue their final award within six months from the date the TORs were signed or approved, though this deadline was frequently extended in practice. The 2026 ICC Rules replace this fixed default with a more flexible approach: under Article 34, the President of the ICC Court shall fix, or subsequently extend, the time limit for rendering the final award, taking into account the procedural timetable or a reasoned request from the arbitral tribunal.

In practice, most arbitrations will continue to operate under time limits aligned with the procedural timetable, as was already the prevailing approach under previous editions of the ICC Rules.

Fully Electronic Communications and Awards

Codifying what has become established practice, the 2026 ICC Rules specify that all communications and submissions should be conducted in electronic form, whether via email, ICC Case Connect or other digital means. This reflects a continued move toward greater efficiency, cost reduction and environmental sustainability in arbitration proceedings.

In addition, upon consultation with the parties, arbitral tribunals will be empowered to sign awards electronically and in separate counterparts. Parties will, however, still be able to request hard copies where necessary — for instance, for enforcement purposes in jurisdictions where national courts require certified hard copies or original signed documents.

Enhanced Disclosure Requirements and Arbitrator Independence

The 2026 ICC Rules strengthen the framework governing arbitrator independence and impartiality. From the outset of the arbitration, each party must submit to the ICC Secretariat a list of persons and entities which it believes prospective arbitrators should consider, together with the reasons for such consideration. This new provision formalises a structured mechanism through which parties can proactively raise potential points at an early stage, thereby promoting efficiency and reducing the risk of late-stage challenges.

For the first time, the 2026 ICC Rules codify the ICC Court’s long-standing practice that any doubts a prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure, and that disclosure alone does not, by itself, establish a lack of independence or impartiality.

Confidentiality

The ICC considered introducing default confidentiality for ICC arbitrations under the 2026 ICC Rules but ultimately decided against it. A blanket confidentiality regime was seen as potentially problematic, particularly for government parties that may require a greater degree of transparency. Instead, the 2026 ICC Rules introduce an express duty of confidentiality on arbitrators themselves, mirroring the existing obligation applicable to the ICC Court and Secretariat.

By comparison, arbitral proceedings are confidential by default under several other leading arbitration rules, including the LCIA Rules (Article 30), the SIAC Rules (Rule 59) and the HKIAC Rules (Article 45).

Enhanced Emergency Arbitration Provisions

The 2026 ICC Rules introduce important clarifications to the emergency arbitration provisions. Emergency arbitrator proceedings may now be initiated not only against signatories to the arbitration agreement and their successors, but also against any party for which the President of the ICC Court is satisfied, on a prima facie basis, that a binding arbitration agreement may exist. This reflects the evolution in practice developed over 287 emergency arbitration applications administered since the provisions were first introduced in 2012.

For the first time, the 2026 ICC Rules also expressly acknowledge preliminary orders, including on an ex parte basis. A party may request a preliminary order directing another party not to frustrate the purpose of the application — for instance, to prevent asset dissipation or destruction of evidence. Procedural safeguards are built into the framework: if a preliminary order is granted, the emergency arbitrator must immediately afford all other parties a reasonable opportunity to present their case and retains the power to modify or revoke the order in light of subsequent submissions.

Truncated Tribunals

The 2026 ICC Rules introduce a new provision addressing situations where an arbitrator dies or is removed after the last hearing or the filing of the last submissions. In such circumstances, the ICC Court may decide that the remaining arbitrators shall continue the arbitration without replacing the departed member, having taken into account the views of the remaining arbitrators and the parties, as well as any other relevant matters. This is a pragmatic measure designed to prevent the costly re-running of arbitrations that have already reached an advanced stage.

Tribunal Secretaries

The 2026 ICC Rules formalise the role of tribunal secretaries. After consulting the parties, the arbitral tribunal may appoint a tribunal secretary to work under its direction and control, without delegating its decision-making authority. Tribunal secretaries shall satisfy the same requirements of independence, impartiality and confidentiality as those applicable to arbitrators under the Rules, and shall sign a declaration of acceptance, availability, impartiality and independence prior to their appointment.

Practical Implications for the Middle East

The 2026 ICC Rules are of particular relevance to practitioners and businesses operating in the UAE, KSA, Egypt and Kuwait, where ICC arbitration remains a widely used dispute resolution mechanism across sectors including construction, energy, banking and finance, and infrastructure. The removal of mandatory TORs, the introduction of the highly expedited procedure, and the strengthening of the emergency arbitration provisions are likely to be of significant practical value in these jurisdictions, where the speed and enforceability of arbitral awards are often of paramount commercial importance.

Businesses and in-house counsel in the region should review their existing arbitration clauses and dispute resolution strategies in light of the 2026 ICC Rules ahead of their entry into force on 1 June 2026. In particular, parties may wish to consider whether the new highly expedited procedure or the enhanced EPP threshold may be suitable for the types of disputes they most commonly encounter.

GLA & Co’s dispute resolution team is available to assist clients in understanding the impact of the 2026 ICC Rules and in reviewing and updating their contractual dispute resolution provisions accordingly.

Authors: May El Mahdy, Senior Associate and Mohammed Al Awadhi, Partner.