Chen & Chang’s partner, Alison Chang, attended the 2026 ICC Tokyo Arbitration Day on 22 April 2026

Chen & Chang’s partner, Alison Chang, attended the 2026 ICC Tokyo Arbitration Day on 22 April 2026. Reporting live from the event, Alison outlined the following seven key revisions to the ICC Arbitration Rules (the “Revised Rules”) as highlighted by Ms Claudia Salomon, President of the ICC International Court of Arbitration (“Court”):

1. Elimination of the Terms of Reference

The Terms of Reference were originally introduced to address situations where the validity of arbitration agreements is not recognized or is restricted in certain jurisdictions. As this background largely no longer exists, the Revised Rules no longer mandate the use of Terms of Reference (although arbitral tribunals or parties may still use them voluntarily).

2. Independence and Impartiality of Arbitrators

The Revised Rules require parties to provide a list of persons and entities that may be relevant for arbitrators to make disclosures at the outset of the case. In addition, the Revised Rules expressly provide that, where arbitrators are in doubt as to whether certain facts should be disclosed, they should make disclosure. The Revised Rules also expressly provide that a disclosure does not, by itself, imply a lack of independence or impartiality, thereby encouraging arbitrators to comply with their disclosure obligations.

3. Integration of Technology

The Revised Rules expressly provide that arbitral awards may be signed electronically by arbitral tribunals and notified to the parties by electronic means, unless otherwise required by applicable law or agreed by the parties.

4. Flexibility of the Time Limit for Arbitration

The previous requirement that the arbitral tribunal shall render an arbitral award within six months from the signing of the Terms of Reference will be removed under the Revised Rules. Instead, the President of the Court will determine the time limit for an arbitration based on the procedural timetable, and may extend it where necessary, so as to enhance both the transparency and flexibility of the proceedings.

5. Adjustment of the Threshold for Expedited Procedure

The threshold of the amount in dispute for the automatic application of the Expedited Procedure Provisions (EPP) will be increased from USD 3 million to USD 4 million under the Revised Rules.

6. Introduction of a “Highly Expedited Procedure”

A new Highly Expedited Procedure will be introduced, which may be applied on an opt-in basis by the parties. Where the parties elect to apply the Highly Expedited Procedure, the proceedings will be completed within three months, and the parties will be required to submit their full claims and defences at the outset of the proceedings. Provisions on joinder and consolidation are not applicable. Under the Highly Expedited Procedure, arbitral awards may be issued without reasons, in order to maximize efficiency.

7. Confidentiality Obligations of Arbitrators

While the ICC no longer considers arbitration proceedings to be inherently confidential and discloses certain information about cases under specific circumstances, the Revised Rules expressly set out arbitrators’ confidentiality obligations.

The ICC will publish the Revised Rules in multiple languages and will organize various training programs.

The Revised Rules will be effective from 1 June 2026.