New ICC Rules: Transparency and Efficiency in International Arbitration
Felipe Ossa, Gonzalo Fernández, Mónica van der Schraft, Priscila Machado, Juan Pablo Argentato and Cristian Conejero
Transparency, procedural efficiency, and the early resolution of disputes are among the key principles underpinning the new ICC Rules, which were presented on 11 June at Pontificia Universidad Católica de Chile.
Mónica van der Schraft joined Juan Pablo Argentato, Felipe Ossa, Gonzalo Fernández, and Cristian Conejero on the panel, in a discussion moderated by Priscila Machado Martins. The conversation focused on the main innovations introduced by the new Rules.
Some of the most significant changes include:
🔹 Arbitrators’ duty of disclosure: the Rules expressly provide that, in cases of doubt, disclosure should be favored. At the same time, they clarify that a disclosure does not, in itself, constitute grounds for disqualification.
🔹 Greater transparency from the outset of the proceedings: parties will be required to disclose, in a timely manner, the identity of relevant persons and entities for the purposes of identifying potential conflicts of interest.
🔹 Terms of Reference: these will no longer be mandatory, reinforcing the role of the Case Management Conference.
🔹 Arbitral Tribunal Secretaries: their role is now expressly regulated, and they are subject to the same standards of independence, impartiality, and confidentiality as arbitrators. The Rules also reaffirm that the tribunal’s decision-making powers cannot be delegated.
🔹 Emergency Arbitration: the rules applicable to this mechanism have been strengthened.
🔹 Expedited Procedure: the threshold for its application will increase from USD 3 million to USD 4 million for contracts entered into on or after 1 June 2026, reflecting the success of this procedure.
🔹 Confidentiality: the Rules expressly establish arbitrators’ duty of confidentiality with respect to all matters relating to the arbitration.
🔹New Highly Expedited Arbitration: this procedure will be available by agreement of the parties, with no monetary threshold, and the decision must be issued within three months following the Case Management Conference.
🔹 Early resolution of claims and defences: the Rules introduce the power to dismiss, at an early stage, claims or defences that are manifestly without merit or manifestly outside the tribunal’s jurisdiction.
These are some of the main developments introduced by the new ICC Rules, without seeking to provide an exhaustive overview. The amendments reflect an ongoing trend towards more efficient, transparent proceedings tailored to the current needs of international arbitration.
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