ICC arbitration explained

What the ICC Court does and does not do

Appendix I, Article 1(2) of the 2026 Rules states: "The Court does not resolve disputes." The Court administers disputes that arbitral tribunals decide ¹.

The 2026 Rules apply to any arbitration commenced on or after 1 June 2026. Parties may agree to apply Rules in effect on an earlier date ¹.

Under Article 5(2), the arbitration commences on the date the Secretariat receives the Request. Under Article 6(1), the respondent has 30 days from receipt of the Request from the Secretariat to submit an Answer ¹.

Main stages of an ICC case under the 2026 Rules

ICC states that Terms of Reference are no longer a necessary step in ICC proceedings. Tribunals may still establish them where appropriate ².

• Request for Arbitration filed with the Secretariat, with the filing fee set out in the Schedule of Fees (Article 5) ¹.
• Answer from the respondent within 30 days of receiving the Request (Article 6) ¹.
• Advance on costs fixed by the Secretary General by reference to the amount in dispute and the Schedule of Fees (Article 40) ¹.
• Initial case management conference, held by the tribunal within 30 days of receiving the file from the Secretariat (Article 24) ¹.
• Final award within the time limit that the President of the Court fixes or extends (Article 34) ¹.
• Scrutiny: the tribunal submits its draft award to the Court before signing it (Article 37) ¹.
• Award, which is binding on the parties (Article 38(3)) ¹.

What changed from the 2021 Rules

The 2021 Rules entered into force on 1 January 2021 and covered cases received by the Court from that date ⁵. Under Article 23 of those Rules, the tribunal drew up Terms of Reference within 30 days of receiving the file ⁵.

Under Article 31 of the 2021 Rules, the final award was due within six months, and the Court could extend this ⁵. ICC states that the period ran from the last signature of the Terms of Reference ².

Under Article 37 of the 2021 Rules, the Court fixed the advance on costs ⁵. ICC states that the Secretary General now fixes advances, and the Court still fixes arbitrators' fees and administrative expenses ².

ICC states that the 2026 administrative expense scales are lower for disputes under US$10 million and higher for larger disputes. The tribunal's time limit for correcting an award on its own initiative rose from 30 to 45 days ².

Expedited Procedure, highly expedited cases and emergency arbitrator

Appendix V sets the Expedited Procedure threshold by the date of the arbitration agreement. It is US$2,000,000 for agreements concluded from 1 March 2017 to 31 December 2020, US$3,000,000 from 1 January 2021 to 31 May 2026, and US$4,000,000 on or after 1 June 2026. Agreements concluded before 1 March 2017 are excluded. The award is due within six months from the initial case management conference, and the President can extend this ¹.

Appendix VI adds Highly Expedited Arbitration Provisions, which apply only where the parties opt in. The final award is due within three months of the initial case management conference, and the President can extend this ¹. ICC states that a sole arbitrator decides these cases ².

A party that needs interim or conservatory measures that cannot await the tribunal can apply for an emergency arbitrator under Article 31 and Appendix IV ¹. ICC states that a party may now ask for a preliminary order, which can be made and decided without notice where circumstances require ².

The ICC reported 169 new cases under the Expedited Procedure Provisions in 2025. Since 2017 it has administered 1,034 such cases, which led to 591 awards. In 2025, 30 of the 881 new cases began with an emergency arbitrator application, and the ICC counts 287 applications since 2012 ³. These 2025 cases were filed before the 2026 Rules took effect ^1,3.

ICC caseload in 2025

These figures come from the ICC's preliminary statistics for calendar year 2025, published on 12 February 2026. The ICC said a full report would follow later in the year and that the figures are subject to verification ³.

Costs and funding disclosure

The ICC Costs and Payment page sets a non-refundable filing fee of US$5,000, or US$6,000 where French VAT applies. It says administrative expenses and arbitrator fees are set on an ad valorem basis ⁴. Under Article 41(1) of the 2026 Rules, the costs of the arbitration include the fees and expenses of the arbitrators ¹.

Under Article 12(6), each party must promptly disclose the existence and identity of any non-party that has entered into an arrangement for the funding of claims or defences and has an economic interest in the outcome ¹.