{"id":9131,"date":"2026-06-01T20:37:33","date_gmt":"2026-06-01T20:37:33","guid":{"rendered":"https:\/\/cosro.com\/?p=9131"},"modified":"2026-06-01T20:42:43","modified_gmt":"2026-06-01T20:42:43","slug":"regras-de-arbitragem-da-cci-2026-principais-alteracoes-relevantes-para-o-seu-negocio","status":"publish","type":"post","link":"https:\/\/cosro.com\/en\/regras-de-arbitragem-da-cci-2026-principais-alteracoes-relevantes-para-o-seu-negocio\/","title":{"rendered":"The 2026 ICC Arbitration Rules: Key Changes That Matter For Your Business"},"content":{"rendered":"

Em 1\u00ba de junho de 2026, entra em vigor a vers\u00e3o revisada das Regras de Arbitragem da C\u00e2mara de Com\u00e9rcio Internacional (\u201cRegras\u201d), aplic\u00e1vel a todos os requerimentos de arbitragem protocolados a partir dessa data. Os procedimentos j\u00e1 instaurados antes de 1\u00ba de junho de 2026 permanecer\u00e3o regidos pela edi\u00e7\u00e3o anterior das Regras. As novas Regras podem ser acessadas diretamente atrav\u00e9s do site da CCI<\/a>. Uma compara\u00e7\u00e3o com a vers\u00e3o de 2021 das Regras tamb\u00e9m foi disponibilizada pela CCI <\/a>.<\/p>\n\n\n\n

The revisions reflect the ICC International Court of Arbitration\u2019s continued focus on procedural efficiency, flexibility and party-driven case management, incorporating into the Rules themselves practices that had previously existed only in guidance documents and feedback from users.<\/p>\n\n\n\n

Below, we summarize the main changes introduced by the 2026 Rules across six key areas: (1) the end of mandatoryTerms of Reference<\/em> ; (2) arbitrator disclosure and confidentiality obligations; (3) theExpedited Procedure Provisions<\/em>; (4) Emergency Arbitration; (5) the newHighly Expedited Arbitration Provisions<\/em>; and (6) early determination.early determination<\/em>).<\/p>\n\n\n\n

1. End of Mandatory Terms of Reference<\/strong><\/p>\n\n\n\n

Under prior editions of the Rules, the arbitral tribunal was responsible for drawing up Terms of Reference, a document that historically served to confirm consent to arbitrate, record procedural agreements and define the scope of the dispute. Under the 2026 Rules, Terms of Reference are no longer a mandatory step, although arbitral tribunals retain the discretion to establish them where they remain a useful case management tool.<\/p>\n\n\n\n

This approach builds on the experience of Expedited Procedure Provisions introduced in 2017, under which Terms of Reference were not mandatory. In their place, the Case Management Conference (\u201cCMC\u201d), which remains mandatory within 30 days of the file being transmitted to the arbitral tribunal, becomes the central procedural milestone. After the CMC, no party may introduce new claims without the tribunal\u2019s authorization, a cut-off that parties should carefully consider when framing their initial submissions.<\/p>\n\n\n\n

Importantly, the longstanding default time limit of six months from the Terms of Reference for rendering a final award has also been replaced. Under Article 34 of the 2026 Rules, the President of the ICC Court now fixes, and may extend, the time limit based on the procedural timetable or a reasoned request from the tribunal, providing greater predictability while accommodating the diversity of ICC proceedings.<\/p>\n\n\n\n

2. Arbitrators: Greater Clarity and Proactive Party Input for Disclosure and Express Confidentiality Obligations<\/strong><\/p>\n\n\n\n

The 2026 Rules maintain the longstanding disclosure standard: prospective arbitrators must disclose any facts or circumstances that might call into question their independence or give rise to reasonable doubts as to their impartiality. Article 12 of the ICC Rules now sets out the expectation that: (i) any doubt about whether to disclose must be resolved in favor of disclosure; and (ii) disclosure alone does not establish a lack of independence or impartiality. These codifications encourage full and prompt disclosure while reassuring arbitrators that transparency will not be treated as an admission of conflict.<\/p>\n\n\n\n

A notable innovation is that parties must now proactively assist arbitrators in fulfilling their disclosure obligations. At the time of filing their Request, Answer, Request for Joinder or related submissions, each party must submit to the Secretariat a list of persons and entities which they believe arbitrators should consider, together with the reasons. This structured mechanism allows potential issues to surface early, reducing the risk of late-stage challenges. The disclosure obligation, however, remains ultimately with the arbitrator.<\/p>\n\n\n\n

Further, the 2026 Rules introduce an express confidentiality obligation on arbitrators. Under Article 12(8), arbitrators must keep confidential all matters relating to the arbitration unless the information is in the public domain, the parties agree otherwise, applicable law requires disclosure, or disclosure is necessary to protect a legal right. Notably, the Rules do not impose a default confidentiality obligation on the parties themselves, including disputes involving states or matters of public interest where blanket confidentiality may be inappropriate. Parties remain free to agree on confidentiality provisions tailored to their needs.<\/p>\n\n\n\n

3. Expedited Procedure Provisions: Broader Reach<\/strong><\/p>\n\n\n\n

Since 2017, the Expedited Procedure Provisions (\u201cEPP\u201d) have offered a streamlined path for disputes: a sole arbitrator, shorter timelines, limits on submissions, and a final award within six months. The experience has been positive, with more than 1,000 cases administered and almost 600 decisions rendered.<\/p>\n\n\n\n

The headline change is the increased monetary threshold for automatic application: from US$3 million to US$4 million for arbitration agreements concluded on or after 1 June 2026), or R$ 12.8 million for arbitrations based in Brazil.<\/p>\n\n\n\n

Party autonomy remains fully preserved: parties may request that their case be conducted under the EPP regardless of the amount in dispute, or conversely, may request that a case falling within the automatic threshold not be conducted under the EPP. In practice, numerous parties have voluntarily opted into the EPP even in disputes worth hundreds of millions of dollars where the case lent itself to a streamlined process.<\/p>\n\n\n\n

4. Emergency Arbitration: Expanded Scope and Preliminary Orders<\/strong><\/p>\n\n\n\n

The 2026 Rules introduce clarifications to Emergency Arbitration (\u201cEA\u201d), the mechanism that allows parties to obtain urgent interim or conservatory relief before the arbitral tribunal is constituted. The amendments expand the scope of EA proceedings, specifying that they may be initiated against: (i) signatories to the arbitration agreement; (ii) their successors; or (iii) any party for which the President of the ICC Court is satisfied, based on the application, that an arbitration agreement binding such party may exist. The addition of this third category ensures that access to urgent relief is not unduly curtailed.<\/p>\n\n\n\n

For the first time, the 2026 Rules expressly acknowledge preliminary orders. At any stage of EA proceedings, a party may request that the emergency arbitrator direct another party not to frustrate the purpose of the application. Such requests may be made and decided without prior notice to the other parties where circumstances require, for example, to prevent asset dissipation or destruction of evidence. Procedural safeguards follow: 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 preliminary order.<\/p>\n\n\n\n

5. Highly Expedited Arbitration Provisions (HEAP): A New Fast Track<\/strong><\/p>\n\n\n\n

Among the most notable innovations in the 2026 Rules is the Highly Expedited Arbitration Provisions (\u201cHEAP\u201d). HEAP is designed to deliver a final award within three months of the initial case management conference (half the EPP timetable). Its suitability does not depend on the value of the claims but on the complexity of the issues and the parties\u2019 interest in swift resolution. HEAP is likely to be most appropriate for lower-complexity commercial disputes, claims with a simple factual matrix, or distinct aspects of a dispute requiring quick resolution, such as purchase price adjustments or technology-related disputes.<\/p>\n\n\n\n

Unlike the EPP, HEAP applies exclusively on an opt-in basis \u2013 there is no automatic application or threshold amount. Parties may agree to HEAP either at the drafting stage (by including a HEAP clause in the arbitration agreement) or after a dispute has arisen, if they agree that fast resolution is to their mutual benefit.\n\nTo achieve this speed, HEAP accelerates proceedings from the outset by requiring parties to frontload their cases. Key features include: (i) a sole arbitrator \u2013 parties have 20 days (rather than 30) to agree on a nomination, failing which the ICC Court appoints directly; (ii) a Statement of Claim must be filed with the Request for Arbitration, and a Statement of Defense with the Answer, with parties encouraged to submit all evidence at that stage; (iii) joinder and consolidation are not permitted; (iv) the sole arbitrator has broad discretion to limit further submissions, exclude document production, or determine the dispute without a hearing; and (v) timetables are not extendable by the Secretariat unless the parties agree otherwise. HEAP also adopts the same cost scale as EPP, offering lower tribunal fees.<\/p>\n\n\n\n

One of HEAP\u2019s more novel features is that parties may agree to receive an award without reasons. While this can deliver significant time and cost efficiencies, parties should carefully consider enforcement implications: in a number of jurisdictions, the absence of reasons may be grounds to set aside or refuse enforcement, even despite party agreement. For instance, there is a legal requirement in Brazil that the arbitral award be reasoned to be considered valid and judicially enforceable (art. 26, II, of the Brazilian Arbitration Act). During scrutiny of the draft award, the ICC Court will consider, to the extent practicable, the validity and enforceability of the award and the requirements of mandatory law at the seat of the arbitration.<\/p>\n\n\n\n

6. Early Determination: Disposing of Untenable Claims or Defenses<\/strong><\/p>\n\n\n\n

O Artigo 30 das Regras de 2026 codifica um mecanismo de julgamento antecipado (early determination<\/em>), ferramenta procedimental que integrava a pr\u00e1tica arbitral da CCI desde outubro de 2017 por meio de orienta\u00e7\u00f5es constantes da Nota \u00e0s Partes e aos Tribunais Arbitrais, mas que agora est\u00e1 expressamente prevista nas pr\u00f3prias Regras. Qualquer parte pode requerer ao tribunal arbitral o julgamento antecipado de uma ou mais pretens\u00f5es ou defesas com fundamento em que: (i) tais pretens\u00f5es ou defesas s\u00e3o manifestamente desprovidas de m\u00e9rito; ou (ii) tais pretens\u00f5es ou defesas est\u00e3o manifestamente fora da jurisdi\u00e7\u00e3o do tribunal arbitral.<\/p>\n\n\n\n

The tribunal retains full discretion to decide whether to allow the application to proceed and, if so, to adopt the procedural measures it considers appropriate after consulting the parties. The responding party must be given a reasonable opportunity to respond. In practice, tribunals have most often permitted early determination where only legal issues were in play and no, or very limited, evidence was required. By contrast, applications have been rejected where substantial legal or factual analysis would be needed.<\/p>\n\n\n\n

Timing is critical: for early determination to deliver its intended time and cost savings, applications should be made as promptly as possible after the relevant claims or defenses are filed. An application made after submissions or document production may defeat the purpose of the mechanism.<\/p>\n\n\n\n

How We Can Help<\/strong><\/p>\n\n\n\n

Our arbitration team has extensive experience in ICC proceedings across sectors, amounts and degrees of complexity. We are available to assist in reviewing arbitration clauses in light of the 2026 Rules, advising on whether to opt into the EPP or HEAP, preparing disclosure lists under the new Article 12(5), and defining the best procedural strategy for disputes under any of the available ICC procedures. Contact us to discuss how these changes may impact your contracts and disputes.<\/p>","protected":false},"excerpt":{"rendered":"

Em 1\u00ba de junho de 2026, entra em vigor a vers\u00e3o revisada das Regras de Arbitragem da C\u00e2mara de Com\u00e9rcio Internacional (\u201cRegras\u201d), aplic\u00e1vel a todos os requerimentos de arbitragem protocolados a partir dessa data. Os procedimentos j\u00e1 instaurados antes de 1\u00ba de junho de 2026 permanecer\u00e3o regidos pela edi\u00e7\u00e3o anterior das Regras. As novas Regras […]<\/p>","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[12],"tags":[],"class_list":["post-9131","post","type-post","status-publish","format-standard","hentry","category-alertas"],"featured_image_src":"","blog_images":{"medium":"","large":""},"acf":[],"ams_acf":[{"key":"url_pdf","label":"URL PDF","value":false},{"key":"url","label":"URL","value":"https:\/\/cosro.com\/regras-de-arbitragem-da-cci-2026-principais-alteracoes-relevantes-para-o-seu-negocio\/"}],"_links":{"self":[{"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/posts\/9131","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/comments?post=9131"}],"version-history":[{"count":4,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/posts\/9131\/revisions"}],"predecessor-version":[{"id":9135,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/posts\/9131\/revisions\/9135"}],"wp:attachment":[{"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/media?parent=9131"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/categories?post=9131"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cosro.com\/en\/wp-json\/wp\/v2\/tags?post=9131"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}