A California Perspective on the 2026 ICC Arbitration Rules
The International Chamber of Commerce (ICC) has issued revised Arbitration Rules (the “2026 Rules”), which entered into force on June 1, 2026. The revisions are significant and focus throughout on making ICC arbitration more efficient, flexible, and expeditious. This note examines the key changes and how they operate in arbitrations seated in California under the state’s legal framework.
The California International Arbitration Act
The California International Arbitration and Conciliation Act ("CIACA") is the primary state statute that establishes the framework for and governs international arbitrations seated in California. It is distinct from and supersedes the California Arbitration Act (the "CAA"), which applies only to domestic arbitrations in California. For arbitrations governed by the Federal Arbitration Act (the "FAA"), CIACA supplements the federal statutory framework.
CIACA implements the UNCITRAL Model Law on International Commercial Arbitration, a model statute that provides a framework for international arbitration reflecting accepted best practice. Consistent with the Model Law, CIACA adopts several familiar procedural approaches. It provides, for example, for the parties to present their full factual and legal case through written statements of claim and defense, and contemplates that each party will submit the documents on which it relies together with those statements, in advance of any hearing. It also contemplates that the parties may rely on written evidence from both expert and fact witnesses. In addition, CIACA reflects the widespread international practice of allowing a party to be represented by counsel of its choice, whether or not that counsel is admitted to practice in California.
These features align closely with the ICC Rules, which are designed around the same internationally accepted procedures. California is therefore well positioned as a seat for arbitrations conducted under the revised ICC Rules.
Terms of Reference Are No Longer Mandatory
Before the recent changes, ICC arbitration proceedings required the preparation of Terms of Reference at the outset, setting out the issues, claims, and procedural framework. This requirement, long viewed as cumbersome and often duplicative of subsequent work, has been replaced by Article 24 of the 2026 Rules, which requires a case management conference to be held within 30 days after the tribunal receives the case file from the Secretariat.
The CMC is now the first procedural milestone, and it is at the CMC, or as soon as possible thereafter, that the tribunal will establish the procedural timetable it intends to follow. The CMC is also the point after which no new claims or amendments may be made without authorization from the tribunal.
Expedited Procedures and Increased Threshold
Appendix V, Article 1(3) of the 2026 Rules expands the threshold for claims eligible for the ICC's Expedited Procedure Provisions (EPP) to include claims valued at up to US$4 million. The parties remain free to opt out of this regime, thus retaining procedural flexibility.
Appendix VI introduces the new Highly Expedited Arbitration Provisions (HEAP), which apply on an opt-in basis by party agreement. Notable features of HEAP include: (i) a sole arbitrator nominated within 20 days after the respondent receives the Request and Statement of Claim; (ii) a CMC held within seven days after receipt of the file from the Secretariat; (iii) resolution of the dispute solely on the documents, without a hearing or examination of witnesses or experts; (iv) no extensions of time limits unless agreed to by the parties; and (v) a final award rendered within three months after the initial CMC.
Other Key Changes
Appendix IV, Article 1(2) expands the scope of the Emergency Arbitrator Provisions to apply not only to signatories or their successors but also, potentially, to third parties where “the President is satisfied, based on information in the Application, that an arbitration agreement binding such a party may exist.”
Article 30 introduces a formal early-determination procedure that enables a party to seek, at the tribunal's discretion, a ruling that a claim or defense is "manifestly without merit" or "outside the arbitral tribunal's jurisdiction." The ability to make a dispositive motion at the outset not only streamlines proceedings and facilitates time and cost savings but also aligns ICC procedures with those of other leading arbitral bodies, including the LCIA, HKIAC, and SIAC.
The default six-month time limit for rendering the final award, which parties routinely extended, has been removed by Article 34. Under the 2026 Rules, the President shall fix or extend the time limit by reference to the procedural timetable or to a request from the tribunal.
Outlook
The drive for flexibility, efficiency, and modernization reflected in the 2026 Rules is considerable and offers significant benefits to commercial parties and arbitrators alike. Like the CIACA, the opt-in and opt-out provisions of the 2026 Rules also mean that California-seated arbitrations are well suited to adopt these rules going forward.