The International Chamber of Commerce (ICC) has published its 2026 ICC Arbitration Rules which came into force on 1 June 2026. These updates aim to improve procedural efficiency and clarity in the arbitral process while preserving the flexibility, neutrality and procedural integrity that underpin ICC arbitrations.
This article will focus on the key changes and their significance on the ICC arbitration landscape.
Terms of Reference
One of the most notable changes under the 2026 ICC Arbitration Rules is the removal of the mandatory Terms of Reference (TOR).
The mandatory TOR had long been a defining feature of previous editions of the ICC Rules. It played a central role in delineating the scope of the dispute and identifying the issues to be determined. However, the ICC recognised that its practical utility has diminished over time. The process of preparing the mandatory TOR has increasingly been viewed as time-consuming and potentially detrimental to procedural efficiency of the