Faster justice: the new ICC Rules of Arbitration 2026 promise awards within just three months
The entry into force of the new International Chamber of Commerce (ICC) Arbitration Rules 2026, with effect from 1 June 2026, represents a significant step forward in the management of international commercial disputes. Beyond technical adjustments, these reforms reflect a global trend towards greater efficiency, transparency and alignment with business needs.
“The ICC Rules 2026 mark a turning point for companies operating in Costa Rica and the region: arbitration is no longer perceived as a lengthy and costly process, but is establishing itself as a flexible and predictable risk management tool. We recommend that our clients review their arbitration clauses now to make the most of these changes,” said Aracelly López, a dispute resolution specialist at ECIJA in Costa Rica.
What are these key changes?
1. Faster arbitration
One of the most significant changes is the introduction of highly expedited arbitration, which allows awards to be issued within approximately three months of the first case management hearing. Furthermore, the threshold for the expedited procedure has been raised to USD 4 million, broadening its scope and practical utility.
For businesses, this means: a substantial reduction in resolution times, less impact on liquidity and greater operational continuity in contractual disputes. Arbitration thus ceases to be a protracted process and becomes an agile tool for conflict resolution.
2. A more efficient procedure
The new rules reinforce the role of the initial case management conference as the cornerstone of the proceedings and remove the requirement for Terms of Reference, thereby reducing unnecessary formalities.
This approach entails fewer formalities, greater procedural flexibility and earlier, more strategic control over the arbitration process. For businesses, this translates into arbitration that is more adaptable and aligned with the commercial objectives of the case.
3. Early determination
The rules expressly provide for the possibility of seeking an early determination of claims or defences that are manifestly unfounded or outside the jurisdiction at an early stage, thereby reducing the costs and duration of proceedings.
This is a key tool, particularly in complex or high-value disputes, where early control of the proceedings is crucial.
4. Transparency
The rules reinforce the obligation for arbitrators to disclose conflicts of interest and require them to report the existence of third-party funding, thereby strengthening the integrity of the process, the predictability of the arbitration and the legal certainty of the award.
For companies, this means a reduced risk of subsequent challenges or challenges.
5. Urgent measures
Emergency arbitration is established as an effective mechanism for protecting assets and contractual rights in critical situations. It allows decisions to be taken within very short timeframes and for preliminary orders to be issued to preserve the subject matter of the dispute.
This is particularly relevant in sectors such as construction, energy and international transactions, where the immediate protection of assets or contractual rights is critical.
6. Digitalisation
The rules enshrine the full adoption of digital tools, including virtual hearings and electronic communications, making the conduct of proceedings more flexible.
This facilitates a reduction in logistical costs, participation in international arbitrations without geographical restrictions, and greater efficiency in case management.
“The ICC Rules 2026 consolidate arbitration as a strategic tool for business risk management, enabling faster, more efficient solutions that are aligned with commercial objectives. Companies that adapt their arbitration clauses, their procedural strategy and their approach to dispute management to this new framework will be able to benefit from proceedings that are faster, more predictable and aligned with their business objectives,” summarised López.