Updated ICC Arbitration Rules 2026: Focus on Efficiency, Digitalisation, and Case Management
2026-07-09 01:03
The Arbitration Centre of the Atameken NCE of the Republic of Kazakhstan draws the attention of the business community to the entry into force of the updated Arbitration Rules of the International Chamber of Commerce — the ICC Arbitration Rules 2026.
The new edition applies from 1 June 2026 to arbitrations submitted to the ICC International Court of Arbitration on or after that date, unless the parties have agreed to apply an earlier edition of the Rules.
The changes are aimed at improving the efficiency, clarity, and quality of arbitration case management while preserving the key advantages of international arbitration: procedural flexibility, neutrality, procedural good faith, and party autonomy.
Among the important innovations is the shift to electronic written communications as the general rule. This speeds up the exchange of documents, reduces the administrative burden, and makes interaction between the parties, arbitrators, and the arbitral institution more convenient.
The scope of expedited arbitration is also being extended: for arbitration agreements concluded on or after 1 June 2026, the threshold for the automatic application of the Expedited Procedure Provisions has been increased to USD 4 million. In addition, Highly Expedited Arbitration Provisions are being introduced, applicable by agreement of the parties.
For Kazakhstani companies, these changes underscore the importance of a well-drafted arbitration clause. It determines in advance where and under which rules a dispute will be considered, the composition of the tribunal, the language of the proceedings, the seat of arbitration, and the applicable law.
The Arbitration Centre of the Atameken NCE of the Republic of Kazakhstan recommends that entrepreneurs pay particular attention to the dispute resolution section of their contracts and use the Model Arbitration Clause prepared by the Centre for inclusion in contracts.
A properly agreed arbitration clause is an important element of protecting business interests, reducing contractual risks, and ensuring predictable resolution of commercial disputes.
The Arbitration Centre recommends using the following arbitration clause in the contract:
If the parties determine one arbitrator (sole arbitrator):
"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved in the Center of Arbitration of the National Chamber of Entrepreneurs Atameken, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be (specify city and/or country).
The language to be used in the arbitral proceedings shall be (specify language).
The governing law of the contract shall be the substantive law of (specify country)."
If the parties determine three arbitrators (arbitral panel):
"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved in the Center of Arbitration of the National Chamber of Entrepreneurs Atameken, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be three.
The seat, or legal place, of arbitration shall be (specify city and/or country).
The language to be used in the arbitral proceedings shall be (specify language).
The governing law of the contract shall be the substantive law of (specify country)."