The new International Chamber of Commerce (ICC) Arbitration Rules entered into force on June 01, 2026, with the Spanish version published on July 17. This reform aims to provide a more efficient, practical, and flexible procedural framework and coincides with a significant institutional moment for the ICC, whose International Court of Arbitration reached the milestone of 30.000 cases registered under its rules in 2025. In this context, a brief analysis of the main changes introduced is pertinent, as they can serve as a reference for strengthening best practices and regulations at arbitration centers in Costa Rica.
- Elimination of the terms of reference (“Mission Statement” and Terms of Reference in English): The ICC pioneered the formalization, structuring, and popularization of the document, which became a common instrument for the procedural organization of arbitrations. The new ICC Rules eliminate its mandatory nature, although they retain the option for the arbitral tribunal to issue them voluntarily when it deems it useful for the efficient conduct of the proceedings. Instead, the initial conference takes precedence over the conduct of the proceedings.
- Strengthening accelerated decision-making mechanisms: The threshold for automatic application of the Abbreviated Procedure was raised to USD 4 million (Expedited Procedure Provisions (in English) regarding arbitration agreements entered into from June 1, 2026. Arbitration is also introduced AltaAbbreviated mind (Highly Expedited Arbitration Provision (in English) only under agreement between parties, which guarantees obtaining an award within 3 months.
- Amendment to the provisions on emergency arbitrationsThe new rules contemplate the possibility that urgent measures may be directed against parties not signatory to the arbitration agreement in those cases where the President of the ICC Court determines, prima faciethat there might be an arbitration agreement binding them. The emergency arbitrator may issue preliminary orders, even without prior notification to the opposing party, when such notification could frustrate the purpose of the requested measure.
- Introduction of the concept of Early Determination (early determination in English): A party may request the court to rule early on claims or defenses that are manifestly unfounded or manifestly outside the court's jurisdiction. If the request is granted, the court shall take such procedural steps as it deems appropriate, after consulting with the parties.
- Enhanced disclosure standards for arbitrators: The new rules also introduce a new obligation for the parties, who, when submitting their request and response, must provide the Secretariat with a list of persons and entities that, in their opinion, the arbitrators should consider for the purposes of their disclosure duties, along with the corresponding reasons. Similarly, the obligation to disclose the existence and identity of any third party financing the proceedings and having a financial interest in the outcome of the arbitration remains in place. These modifications raise the required disclosure standard, which helps to expedite the formation of the arbitral tribunal and, consequently, to make the process faster and more secure.
In summary, the new ICC Arbitration Rules demonstrate a clear commitment to more agile and flexible procedures adapted to the current needs of the parties, through the elimination of mandatory formalities, the strengthening of expedited mechanisms, and the incorporation of new procedural tools. Beyond their direct application in arbitrations administered by the ICC, these reforms constitute a valuable benchmark for the modernization of rules and best practices in other arbitral institutions, including those in Costa Rica.
