The International Chamber of Commerce (“ICC”) has approved the revised text of its Rules of Arbitration, with the new rules set to enter into force on 1 June 2026 (“ICC Rules 2026”). Replacing the current rules that took effect in 2021 (“ICC Rules 2021”), the new text aims to enhance efficiency of international arbitration proceedings, strengthen procedural clarity and establish a more party-friendly framework for arbitral proceedings.
The changes introduced by the ICC Rules 2026 will be unveiled periodically until the date of entry into force. As part of this rollout, the details of the new provisions on the arbitrators’ duty of disclosure were the first to be shared with the public last week.
What Has Changed in Article 12?
The arbitrator’s disclosure obligation, which lies at the heart of any assessment of the independence and impartiality of arbitrators and prospective arbitrators in ICC arbitration practice, is preserved in substance under the ICC Rules 2026. At the same time, certain practical principles long applied by the ICC International Court of Arbitration and its Secretariat are now being incorporated into the text of the Rules. In this respect, the new framework provides a more predictable, transparent and systematic structure for prospective arbitrators and parties.
Article 12(2): The “When in Doubt, Disclose” Principle Is Incorporated into the Rules. Under the ICC Rules 2026, prospective arbitrators remain obliged to disclose in writing to the Secretariat, when accepting their mandate, any facts or circumstances which may call their independence into question in the eyes of the parties or give rise to reasonable doubts as to their impartiality. However, pursuant to the new wording added to the provision, where there is any doubt as to whether a particular matter should be disclosed, the principle of disclosure shall prevail.
Article 12(4): A Disclosure, by Itself, Does Not Establish Lack of Independence or Impartiality. Another important change introduced by the ICC Rules 2026 appears under Article 12(4). Pursuant to this provision, a disclosure made by an arbitrator will not, by itself, imply lack of independence or impartiality. In this respect, Article 12(4) should be read together with the “when in doubt, disclose” principle adopted in Article 12(2). On the one hand, prospective arbitrators are encouraged to make broader and more transparent disclosures; on the other, the provision prevents every such disclosure from being automatically interpreted as an issue of independence or impartiality.
Article 12(5): A More Active Role for the Parties. One of the most notable features of the new disclosure regime is the earlier and more active involvement of the parties in the process. Pursuant to Article 12(5), the parties will be required, in their Request, Answer, Request for Joinder, Answer to a Request for Joinder, or requests for an extension of time under Article 6(2), to submit to the Secretariat a list of the persons and entities which they believe prospective arbitrators should consider. The parties will also be required to provide the reasons for such assessment. This mechanism aims to contribute to the identification of potential conflicts of interest at the outset of the proceedings. Particularly, in disputes involving multiple parties, multiple contracts or complex corporate relationships, the information provided by the parties at an early stage will streamline the prospective arbitrators’ assessment.
Practical Implications
Rather than fundamentally overhauling the existing ICC approach to arbitrators’ disclosure obligations, the ICC Rules 2026 make that approach more explicit and codify it in writing. While the “when in doubt, disclose” principle provides clearer guidance for prospective arbitrators, the clarification that a disclosure does not, by itself, establish a lack of independence or impartiality creates a more balanced framework. The early contribution of the parties under Article 12(5) may also facilitate the identification of potential conflicts of interest at the outset of the proceedings.
In this respect, the ICC Rules 2026 deliver a more transparent, predictable and party-inclusive framework for the arbitrator’s disclosure regime.