Unveiling the 2026 ICC Arbitration Rules, part 1: arbitrator disclosure 

The independence and impartiality of arbitrators (including prospective arbitrators) are basic tenets of international arbitration, and constitute core elements of the legitimacy of the arbitral process.

In ICC Arbitration, central to the assessment of an arbitrator’s independence and impartiality is the arbitrator’s disclosure obligation.

While the ICC Rules have long developed a comprehensive framework for that assessment, the latest revision process provided the opportunity to review the practices of the ICC International Court of Arbitration and its Secretariat to ascertain whether any changes to the Rules were necessary to better serve the expectations of parties and arbitrators alike. This exercise was guided by a desire to reinforce confidence in the arbitral process and provide greater clarity where practice had already matured over time.

Focussing on the duty to disclose, the Rules maintain the standard that has long been associated with ICC Arbitration: in accepting to serve, prospective arbitrators are required to “disclose in writing to the Secretariat any facts or circumstances which might be of such a nature as to call into question the arbitrator’s independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the arbitrator’s impartiality” (Article 12(2)). The 2026 Rules maintain this obligation.

For the first time, however, the 2026 Rules set out the ICC Court’s expectation that any “doubts the prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure” (Article 12(2)) as well as the ICC Court’s long-standing practice that a “disclosure does not, by itself, establish a lack of independence or impartiality”(Article 12(4)). These provisions – to date set out in the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration – have been introduced in the Rules themselves to encourage prompt and full disclosure of the facts and circumstances required under Article 12(2).

By elevating these principles to the level of the Rules themselves, the 2026 revision seeks to clarify the ICC Court’s expectations around disclosures, while also providing reassurance to prospective arbitrators that disclosure alone should not be understood as an admission of conflict.

Party engagement in assisting arbitrators to fulfil their disclosure obligations is not unknown to ICC Arbitration. The current Rules already provide it with regard to third-party funding – as reiterated in Article 12(6) of the 2026 Rules. Appropriately, however, the revision process identified a broader opportunity for the parties to contribute proactively ahead of disclosure. In this regard, Article 12(5) of the 2026 Rules provides:

“To assist prospective arbitrators and arbitrators in complying with their disclosure obligations, at the time of filing their respective Request, Answer, Request for Joinder, Answer to a Request for Joinder or request for an extension of time for submitting an Answer under Article 6(2), each party must submit to the Secretariat a list of persons and entities which they believe the prospective arbitrators and arbitrators should consider and the reasons thereof”.

This new provision sets out ICC Court expectations that a party will participate in identifying persons and entities which that party considers relevant to the prospective arbitrator’s assessment of potential disclosure, as well as the reasons for such consideration. It formalises a structured mechanism through which parties can raise potential points to consider at an early stage, thereby promoting efficiency and reducing a risk of late-stage issues. The lists aim to complement the assessment the prospective arbitrator is required to undertake pursuant to Article 12(2) and do not shift the disclosure obligation away from the arbitrator, who remains, ultimately, responsible for making any necessary disclosure.

In implementing the new provision, these lists will be incorporated in the case information document which the ICC Secretariat compiles, updates and then transmits to prospective arbitrators for their assessment, after taking into consideration all potentially relevant facts and circumstances. Upon circulation of a prospective arbitrator’s statement of acceptance to the parties and in keeping with established practice, each party may request clarifications from the prospective arbitrator, with the Secretariat maintaining oversight in that process and inviting, at the appropriate juncture, the ICC Court Secretary General or, as the case may be, the ICC Court, to proceed with a confirmation or appointment.

Taken together, the changes introduced in the 2026 Rules strengthen an already robust disclosure framework, align the Rules more closely with established practice, and further enhance trust in ICC Arbitration as it continues to evolve to meet the needs of parties and arbitrators everywhere.

This article forms part of a seven-part series breaking down the key updates introduced by the 2026 ICC Rules of Arbitration. Stay tuned to discover all the updates of our revised 2026 Rules before entry into force on 1 June 2026.