The new ICC Arbitration Rules 2026 came into force yesterday, 1 June 2026. In this article, Charles Debattista and Shyam Thakerar home in on two of the most crucial changes in the Rules, namely the move away from mandatory Terms of Reference to optional Terms, a major departure from ICC practice over more than seventy years; and a serious (and in the writers’ view unwelcome) increase in arbitrators’ duties to disclose potential conflicts of interest.
Charles has been acting in arbitrations, both as counsel and as arbitrator for the last thirty years or so, including arbitrations under ICC terms. Shyam has been active in arbitrations for many years, including within jurisdictions such as the UAE, which have become central arbitral hubs. Both Charles and Shyam would be happy to discuss the content of this article further: please feel free to make contact through our Senior Clerk at Reiss@36Stone.co.uk or through our Marketing Manager Candi@36group.co.uk
Further information
For more information from the stone team, contact clerks@36stone.co.uk
