As of 1 June 2026, the new ICC Rules have entered into force, introducing notable changes to the Expedited Procedure Provisions (the “EPP”) and the Emergency Arbitrator Procedures (the “EAP”).
Expanded Scope for the Expedited Procedure Provisions
The monetary threshold is raised to USD 4 million. While the core framework of the EPP is preserved in substance under the ICC Rules 2026, the monetary threshold for its automatic application is raised to USD 4 million in respect of arbitration agreements concluded on or after 1 June 2026. For arbitration agreements concluded before that date, the monetary thresholds applicable at the relevant time will continue to apply. According to ICC data, more than 40% of the cases administered in 2025 alone had a value of less than USD 4 million; against this backdrop, the adjustment is expected to significantly broaden the scope of disputes that may be subject to the expedited procedure.
Party autonomy is preserved. Notwithstanding the change in the threshold, parties remain free to opt out of the EPP – even where the amount in dispute falls below the new monetary threshold – or, conversely, to agree to the application of the EPP in disputes exceeding that threshold.
Enhancing the Effectiveness of the Emergency Arbitrator Provisions
The ICC Rules 2026 expand the range of parties against whom emergency arbitrator proceedings may be brought and also grant the emergency arbitrator new powers to address needs that have emerged in practice.
Applications may be brought against non-signatories to the arbitration agreement. Under the new framework, emergency arbitrator proceedings may now be initiated against (i) the parties that have signed the arbitration agreement on which the application is based; (ii) the successors of those parties; and (iii) other persons who, in the President’s view and in light of the information contained in the application, may be bound by the arbitration agreement. This third category – which empowers the President of the ICC Court to assess which persons may be bound by the arbitration agreement – essentially incorporates into the text of the Rules an approach that has been settled in practice since 2012, while the arbitral tribunal’s power to make the final determination on jurisdiction is preserved.
Preliminary orders are expressly regulated. The ICC Rules 2026 also expressly provide, for the first time, that a party may, in the context of interim measures, request the emergency arbitrator to issue a preliminary order directing the other party to refrain from conduct that would frustrate the purpose of the application. Where prior notice to the other party would risk defeating the effect of the protection sought (for example, where there is concern of dissipation of assets or destruction of evidence), such requests may be made and decided ex parte. Once a preliminary order is issued, the emergency arbitrator is required to give all parties a reasonable opportunity, without delay, to present their case. The Rules also expressly recognise the emergency arbitrator’s power to modify or terminate the preliminary order in light of subsequent submissions and statements.
Practical Implications
The increase of the EPP threshold to USD 4 million makes the expedited procedure a meaningful alternative for a substantially broader range of mid-sized commercial disputes. In this respect, careful consideration of the scope of the arbitration clause and of the procedural options available will take on even greater importance in contract negotiations.
The amendments to the EAP, in turn, offer a flexible approach to applications involving non-signatories, while the preliminary order mechanism introduces tools designed to enhance the procedure’s effectiveness in situations such as dissipation of assets or destruction of evidence.