The ICC Arbitration Rules 2026: Key Implications for International Construction Disputes

The International Chamber of Commerce (ICC) has approved a comprehensive revision of its Rules of Arbitration, which entered into force on 1 June 2026, superseding the 2021 ICC Rules. The 2026 Rules mark a decisive step towards greater efficiency, procedural flexibility and institutional modernisation.

This article examines the principal amendments of relevance to construction practitioners and considers their likely impact on international construction arbitrations.

1. A New Highly Expedited Procedure

The most notable innovation is an opt-in ultra expedited procedure, distinct from the existing expedited procedure, under which tribunals may issue a final award within three months. The procedure will initially operate as a pilot project.

Key features include:

1. disputes may be determined solely on written submissions;
2. hearings may be dispensed with;
3. parties must advance their complete case at the outset; and
4. parties may agree to an award without reasons.

While attractive in principle, this procedure is likely to be of limited use in most construction disputes, which typically involve granular factual evidence, expert testimony and detailed technical causation analysis. It may, however, suit narrowly defined disputes such as discrete contractual interpretation issues, where the factual matrix is contained.

Parties should consider at the drafting stage whether to opt into or expressly exclude this procedure.

2. Higher Threshold for the Existing Expedited Procedure

The monetary threshold for the existing expedited procedure has been raised from USD 3 million to USD 4 million, reflecting the ICC’s recognition that sophisticated users increasingly accept streamlined procedures in higher-value disputes.

For the construction sector, this broadens the category of disputes that may benefit from expedited proceedings.

3. Removal of the Terms of Reference

The abolition of mandatory Terms of Reference is arguably the most significant reform for construction arbitration. In practice, Terms of Reference in large construction cases frequently became lengthy, costly and duplicative of the pleadings – adding procedural burden without commensurate benefit.

Their removal should accelerate proceedings, reduce front-loaded costs, and align ICC practice more closely with other leading arbitral institutions.

4. First Case Management Conference

The first case management conference and early procedural orders will now assume heightened importance. With the abolition of mandatory Terms of Reference, the first case management conference effectively absorbs the function previously served by that mechanism, elevating it from a routine procedural exercise to a critical strategic stage at which the framework for the arbitration is established. Parties will be required to address jurisdictional issues, the scope of claims and procedural sequencing with precision at the outset.

In the absence of Terms of Reference as a subsequent opportunity to refine the scope of the dispute, this could well place a particular burden on claimants, who will need to ensure that their claims are fully articulated, supported by contemporaneous documentation and, where necessary, underpinned by expert analysis by the time they commence proceedings.

5. More Flexible Award Timelines

Under the 2021 Rules, tribunals were required to render awards within six months of the Terms of Reference, routinely extended in practice, undermining the credibility of the timetable framework.

The 2026 Rules replace this fixed deadline with a discretionary regime, under which the ICC President will determine the appropriate timeframe for the final award on a case-by-case basis.

Construction practitioners are likely to welcome this reform, as complex disputes involving multiple experts and site‑specific technical issues rarely lend themselves to rigid deadlines.

However, this discretion may introduce uncertainty as to award timing, with potentially commercial consequences for contractors and consultants operating on thin margins. Parties will need to engage proactively with the tribunal on timetabling from the outset.

6. Fully Electronic Proceedings

The 2026 Rules formalise electronic communications and submissions as the default mode of proceeding. For construction arbitration, routinely involving voluminous document sets and extensive contemporaneous correspondence, this offers clear efficiency benefits.

7. Enhanced Disclosure Obligations

The Rules introduce expanded disclosure obligations, requiring parties to identify relevant entities and individuals connected to the dispute from the outset, particularly significant in construction arbitration, where joint ventures, consortia and layered subcontracting arrangements give rise to potential conflicts.

Earlier and broader disclosure should assist arbitrators in identifying conflicts at the preliminary stage, reinforcing tribunal independence and reducing the risk of disruptive challenges.

8. No Default Confidentiality

Despite consultation, the ICC has declined to introduce default confidentiality under the 2026 Rules, in contrast to the position under several other institutional regimes.

Given the commercial and reputational sensitivity of many construction disputes, particularly those involving public infrastructure or state entities, parties should address confidentiality expressly in their contracts or early procedural orders.

Conclusion

The 2026 ICC Rules represent a considered and pragmatic evolution of the ICC arbitration framework. For construction disputes, the removal of the Terms of Reference, flexible award timelines and expanded expedited mechanisms are each significant developments.

These reforms place increased responsibility on parties to manage proceedings strategically from the outset, reinforcing the ICC’s standing as the pre-eminent forum for complex international construction disputes.

For further information on our International Arbitration expertise and team, please see our website page here. If you would like to discuss any of the issues raised in this article, please contact the authors or your usual contact at the firm.