The new ICC Rules, which entered into force on 1 June 2026, introduce important changes with respect to written communications and confidentiality. Rather than bringing about a fundamental transformation of the substance of ICC arbitration, these changes reflect practices that have become established over the years by incorporating them into the text of the Rules, with a view to enabling arbitral proceedings to be conducted in a more digital, more flexible and more predictable manner.
Electronic Communication Becomes the Default Method
The amendment to Article 3 establishes that communications with the Secretariat are, as a rule, to be conducted by email or by other electronic means of communication that generate a record of transmission.
It is expressly provided that the Request for Arbitration, the Answer and Requests for Joinder are also to be submitted electronically on this basis. Accordingly, hard copies will not be required unless the parties request transmission by delivery against receipt, registered post or courier, or where electronic transmission is not practicable. This gives express effect, in the text of the Rules, to the electronic workflow that has become the de facto standard, particularly since the pandemic.
As a result, the requirement that electronic communications generate a record of transmission is no longer merely a technical condition; it also becomes important for determining when time limits begin to run.
The ICC Rules 2026 also make clear that the concept of “communication” encompasses “notification,” reflecting that written communications and formal notifications are now addressed within the same digital framework. Digital case management tools such as ICC Case Connect also support this approach.
The Arbitrators’ Duty of Confidentiality Is Expressly Addressed
Article 12(8) of the ICC Rules introduces an express obligation for arbitrators to keep all matters relating to the arbitration confidential, together with the exceptions to that duty. Accordingly, information that is in the public domain, matters where the parties have agreed otherwise, disclosures required by the applicable law, and disclosures necessary for the protection of a legal right or in order to comply with disclosure obligations are recognised as exceptions to the duty of confidentiality.
Since the ICC Rules 2021 contained no express provision to this effect in respect of arbitrators, the new provision sets out at the level of the Rules the confidentiality standard that was already expected in ICC arbitration. No general duty of confidentiality is imposed on the parties themselves. The ICC has explained that this choice reflects the fact that arbitration covers disputes of widely varying character. For that reason, rather than imposing a general duty of confidentiality directly on the parties, the Rules leave it to the parties to shape the confidentiality regime through contractual or procedural arrangements.
Against this background, for parties who expect confidentiality, it will be important to address the issue expressly in the arbitration clause, in the underlying contract, or in the First Procedural Order (“PO1”) issued during the proceedings. Appropriate security protocols for the protection of personal, sensitive, commercial or confidential information should also be put in place, and applicable data protection requirements should be taken into account.
The duty of confidentiality that already applies to members of the Court and the Secretariat is preserved.
Practical Implications
The changes introduced by the ICC Rules 2026 with respect to written communications and confidentiality bring ICC arbitration practice into line with the text of the Rules, while also producing practical consequences for parties and counsel.
Now that electronic communication has become the default method of communication, parties will need to retain records of electronic transmissions and adapt to a digital case management workflow.
The duty of confidentiality applicable to the Court and the Secretariat is preserved, and has been reformulated so as to expressly cover communications between the Secretariat and the arbitral tribunal. That said, since confidentiality is not a general obligation that arises automatically for the parties, it remains highly important for parties who expect confidentiality to address the point expressly in their contractual and procedural documents.