Unveiling the 2026 ICC Arbitration Rules, part 6: Written communications, time limits for awards and confidentiality

Written Communications

Reflecting the realities of modern arbitral practice, Article 3 of the 2026 ICC Arbitration Rules clarifies that, as a default rule, written communications in ICC administered cases are to be made via electronic means.

Article 3(1) of the 2026 Rules specifies that each of the following submissions shall be sent to the Secretariat by electronic means:

• the Request (Article 5)
• the Answer, any counterclaim (Article 6)
• any Request for Joinder (Article 8)

This clarification aligns the 2026 Rules with the aim to increase efficiency, reduce the administrative burden and support more streamlined case management for parties, arbitrators and the ICC Secretariat alike. Moreover, the ICC Court provides a digital case management platform, ICC Case Connect powered by Opus 2. This digital platform serves as a convenient space for parties to communicate, share documents and interact with the Secretariat and the arbitral tribunal.

The Rules nonetheless preserve a degree of flexibility. Hard copies of submissions will still be permitted in exceptional circumstances. Article 3(2) of the 2026 Rules states:

“Parties shall submit hard copies of the Request, Answer and any Request for Joinder to the Secretariat only when the party filing such submission requests transmission against receipt, registered post or courier or if electronic transmission is not practicable.”

In any other circumstances, hard copies shall not be sent to the Secretariat.

Time limits for awards

Under the 2021 ICC Arbitration Rules, Article 31(1) required that a final award must be rendered within six months from the Terms of Reference, unless otherwise extended by the ICC Court. Such time limit was rarely followed in practice as procedural timetables established in most cases extended beyond that time frame.

Article 34 of the 2026 Rules addresses this disconnect and provides that the President fixes, and may extend, the time limit based on the procedural timetable of the case, or upon a reasoned request from the arbitral tribunal.

This approach reflects the diversity of ICC arbitrations. ICC Dispute Resolution statistics for 2025 showcase the wide range in amount in dispute of ICC cases, from US$2,500 to as high as US$31 billion. By anchoring time limits to the procedural timetable, the 2026 Rules offer greater predictability for parties while allowing sufficient flexibility to accommodate the specific features of each case.

Importantly, the revised framework does not alter the strict and distinct time limits applicable under the Expedited Procedure Provisions and the Highly Expedited Arbitration Provisions, which continue to operate under their own dedicated timelines. The current practice of reducing arbitrator fees in case of unwarranted delays in the conduct of the proceedings and submitting draft awards for scrutiny, which will still be applied and enforced in all ICC arbitrations.

Confidentiality

The 2026 Rules introduced a provision to clarify that arbitral tribunals have the obligation to maintain confidentiality. Article 12(8) states that:

“Arbitrators shall keep confidential all matters relating to the arbitration unless otherwise in the public domain, agreed by the parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations.”

The arbitral tribunal, parties and representatives are also expected to put in place appropriate security protocols and consider applicable regulatory requirements when conducting and participating in the arbitral proceedings in order to protect personal, sensitive, proprietary or confidential information.

The 2026 Rules do not include a default confidentiality provision on the parties themselves. This reflects the diversity of approaches taking by parties in ICC arbitrations, including disputes involving States, state entities or matters of public interest, where blanket confidentiality may be unsuitable. Parties are free to tailor the confidentiality provisions to meet the needs of their contract or dispute.

The existing confidentiality obligation applicable to all those who participate in the work of the ICC Court including Court members and members of the Secretariat has remained unchanged.

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