Unveiling the 2026 ICC Arbitration Rules, part 3: Expedited Procedure Provisions and Emergency Arbitration

Expedited Procedure Provisions: an expanded scope

Under the 2026 ICC Arbitration Rules, the established framework of expedited arbitration remains unchanged. This includes the  default appointment of a sole arbitrator, rendering an award within six months, shorter procedural timelines, limits on submissions, hearings and overall arbitration costs that are lower than in ordinary arbitral proceedings.

What has changed?

While these elements remain unchanged, the monetary threshold for the automatic application of the EPP increases to US$4 million forclaims brought under arbitration agreements concluded on or after 1 June 2026. Thresholds continue to apply for arbitration agreements concluded prior to that date, as detailed in the Rules. Given that, in 2025 alone, over 40% of ICC cases did not exceed US$4 million, this adjustment broadens the range of disputes eligible for expedited arbitration.

The higher threshold reflects the rising value of international commercial disputes, and the confidence that businesses worldwide, as well as states and state entities have developed in streamlined ICC proceedings. Since the introduction of the EPP in 2017,the ICC Court, to date, has administered 1,034 cases resulting in 591 awards.

Importantly, the 2026 ICC Arbitration Rules continue to safeguard party autonomy. Parties remain free to request that their case should be – or should not be – conducted under the EPP, regardless of whether a case falls within the automatic application of the EPP or explicitly requests for the constitution of a three-member tribunal.

In practice, numerous parties have chosen to opt in to the EPP where amounts in dispute were in the hundreds of millions of dollars and where the dispute lent itself to a streamlined process.

ICC has developed a model clause and a comprehensive report, guidance note and statistical details on the EPP.

A more flexible approach under the 2026 ICC Arbitration Rules

The 2026 ICC Arbitration Rules introduce clarifications aimed at enhancing the effectiveness of emergency arbitration, a process allowing for urgent interim or conservatory relief prior to the constitution of an arbitral tribunal. In particular, the amendments specify that emergency arbitrator proceedings may be initiated against:

1. parties that are signatories to the arbitration agreement upon which the Application is based;
2. their successors; or
3. any party for which the President is satisfied, based on information in the Application, that an arbitration agreement binding such party may exist.
   
   

This new, additional language under c) reflects how the practice, with respect to signatories or successors, has evolved across the 287 EA applications administered by the ICC Court since the EA provisions were first introduced in 2012.

The amendment recognises present-day realities of international trade, affording the President of the ICC Court the discretion to decide that the EA provisions may also apply to persons and entities other than signatories to arbitration agreements or their successors.

As such, the President of the ICC Court is empowered to take a prima facie view, based on the information submitted as part of the file, as to whether an arbitration agreement may bind the party or parties. This safeguard ensures that access to urgent interim relief is not unduly curtailed where appropriate, while preserving the arbitral tribunal’s authority to make a final determination on jurisdiction in the main proceedings as well as the Emergency Arbitrator’s findings on jurisdiction and admissibility.

Preliminary orders explicitly acknowledged

For the first time, the 2026 ICC Arbitration Rules expressly acknowledge preliminary orders and provide that, at any stage of emergency arbitrator proceedings, a party may request a preliminary order directing another party not to frustrate the purpose of the application.

Where circumstances so require, such requests may be made and decided without notice to the other parties, addressing situations where prior notification could undermine the effectiveness of the requested relief, such as asset dissipation or destruction of evidence.

The 2026 ICC Arbitration Rules contain procedural safeguards following the issuance of a preliminary order. If the preliminary order is granted, the emergency arbitrator must immediately afford all other parties a reasonable opportunity to present their case, reinforcing due process protections. The emergency arbitrator is expressly empowered to modify or revoke the preliminary order in light of subsequent submissions.

This article forms part of ICC’s six-part series breaking down the key updates introduced by the 2026 Rules. Discover all the updates of our revised 2026 Rules before entry into force on 1 June 2026.