ICC Arb 2026
Verweise
in Appendix IV. ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
Article 1: Application for Emergency Measures
(1) A party requesting Emergency Measures pursuant to Article 31 of the Rules shall submit its Application for Emergency Measures (the “Application”) to the Secretariat pursuant to this Appendix (the “Emergency Arbitrator Provisions”).
(2) The Emergency Arbitrator Provisions apply only to:
a) parties that are signatories to the arbitration agreement upon which the Application is based;
b) their successors; or
c) any party for which the President is satisfied, based on information in the Application, that an arbitration agreement binding such party may exist.
(3) The Emergency Arbitrator Provisions do not apply if:
a) the arbitration agreement under the Rules was concluded before 1 January 2012;
b) the parties have agreed to opt out of the Emergency Arbitrator Provisions; or
c) the arbitration agreement on which the Application is based arises from a treaty or an investment protection law.
(4) The Application may be submitted before, at the same time as, or after the Request is submitted, provided the Secretariat receives the Application before the file is transmitted to the arbitral tribunal pursuant to Article 17 of the Rules.
(5) The Application shall contain the following information:
a) the full name, description, address and other contact details of each party;
b) the full name, address and other contact details of any person(s) representing the applicant;
c) a description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;
d) a statement of the Emergency Measures sought;
e) the reasons why the applicant needs Emergency Measures;
f) any relevant agreements and, in particular, the arbitration agreement;
g) any agreement as to the place of the arbitration, the applicable rules of law or the language of the arbitration;
h) proof of payment of the amount in the Schedule of Fees; and
i) any Request for Arbitration and any other submissions in connection with the underlying dispute, which have been filed with the Secretariat by any of the parties to the emergency arbitrator proceedings prior to the making of the Application.
The Application may also include any other documents or information the applicant considers appropriate or which may contribute to the efficient examination of the Application.
(6) The Application shall be written in the language of the arbitration if agreed upon by the parties or, in the absence of any such agreement, in the language of the arbitration agreement.
(7) If and to the extent that the President determines, based on the information in the Application, that the Emergency Arbitrator Provisions apply under Articles 1(2) and 1(3) of this Appendix, the Secretariat will transmit a copy of the Application and the documents annexed thereto to the responding party. If and to the extent that the President determines otherwise, the Secretariat will inform the parties that the emergency arbitrator proceedings will not proceed for some or all of the parties and will transmit a copy of the Application to them for their information.
(8) If the Secretariat does not receive a Request from the applicant within 10 days of receiving the Application, or within any longer period the emergency arbitrator determines is necessary, the President will terminate the emergency arbitrator proceedings.
Article 2: Appointment of the Emergency Arbitrator; Transmission of the File
(1) The President shall appoint an emergency arbitrator within as short a time as possible, normally within 2 days from the Secretariat’s receipt of the Application.
(2) No emergency arbitrator may be appointed after the file has been transmitted to the arbitral tribunal pursuant to Article 17 of the Rules. However, an emergency arbitrator appointed prior to that point retains the power to make an order within the time limit set in Article 6(4) of this Appendix.
(3) Except as provided in Article 7 of this Appendix, the Secretariat will notify the parties as soon as the emergency arbitrator has been appointed and transmit the file to the emergency arbitrator. Thereafter, the parties shall submit all written communications directly to the emergency arbitrator with a copy to each party and the Secretariat. The emergency arbitrator shall also copy the Secretariat on all written communications to the parties.
(4) Every emergency arbitrator shall be, and remain, impartial and independent of the parties involved in the dispute.
(5) Before the appointment, a prospective emergency arbitrator must sign a statement of acceptance, availability, impartiality and independence. The Secretariat will provide the parties with a copy of this statement.
(6) An emergency arbitrator may not act as an arbitrator in any arbitration relating to the dispute that gave rise to the Application.
Article 3: Challenge of an Emergency Arbitrator
(1) A challenge against the emergency arbitrator must be submitted within 3 days from receipt by the party making the challenge of the notification of the appointment or from the date when that party was informed of the facts and circumstances on which the challenge is based if such date is after the receipt of such notification.
(2) The Court will decide the challenge after the Secretariat gives the emergency arbitrator and the other party or parties an opportunity to provide comments in writing within a suitable period of time.
Article 4: Place of the Emergency Arbitrator Proceedings
(1) If the parties have agreed upon the place of the arbitration, such place shall be the place of the emergency arbitrator proceedings. If they have not agreed, the President shall fix the place of the emergency arbitrator proceedings, without prejudice to the determination of the place of the arbitration pursuant to Article 19(1) of the Rules.
(2) The emergency arbitrator may hold meetings in person at any location the emergency arbitrator considers appropriate or in hybrid form or by videoconference, teleconference or other form of electronic communication.
Article 5: Proceedings
(1) The emergency arbitrator shall establish a procedural timetable for the emergency arbitrator proceedings as quickly as possible, normally within 2 days of receiving the file.
(2) The emergency arbitrator may conduct the proceedings in any manner which the emergency arbitrator considers to be appropriate, taking into account the nature and the urgency of the Application. In all cases, the emergency arbitrator shall act fairly and impartially and ensure each party has a reasonable opportunity to present its case.
Article 6: Order
(1) The emergency arbitrator’s decision shall take the form of an order (the “Order”).
(2) In the Order, the emergency arbitrator shall determine whether the emergency arbitrator has jurisdiction to order Emergency Measures.
(3) The Order shall be made in writing and shall state the reasons upon which it is based. The emergency arbitrator shall sign and date the Order.
(4) The emergency arbitrator shall make the Order no later than 15 days after receiving the file. The President may extend the time limit if the emergency arbitrator submits a reasoned request or if the President decides, on the President’s own initiative, that an extension is necessary.
(5) Within the time limit set pursuant to Article 6(4) of this Appendix, the emergency arbitrator shall send the Order to the parties, with a copy to the Secretariat, by any of the means of communication permitted by Article 3(4) of the Rules that the emergency arbitrator considers will ensure prompt receipt.
(6) The parties undertake to comply with any Order made by the emergency arbitrator.
(7) The Order ceases to be binding on the parties when any of the following occurs:
a) the President terminates the emergency arbitrator proceedings pursuant to Article 1(8) of this Appendix;
b) the Court accepts a challenge against the emergency arbitrator pursuant to Article 3 of this Appendix;
c) the arbitral tribunal renders a final award, unless the arbitral tribunal expressly decides otherwise; or
d) all claims are withdrawn or the arbitration is terminated before a final award is rendered.
(8) The emergency arbitrator may make the Order subject to any conditions the emergency arbitrator determines appropriate, including a requirement to provide appropriate security.
(9) If a party submits a reasoned request before the file is transmitted to the arbitral tribunal pursuant to Article 17 of the Rules, the emergency arbitrator may modify, terminate or annul the Order.
(10) The arbitral tribunal may modify, terminate or annul the Order, or any modification the emergency arbitrator has made. The arbitral tribunal is not bound by any findings of fact, question, issue or dispute determined by the emergency arbitrator or the reasons given by the emergency arbitrator.
(11) The arbitral tribunal must decide any party’s requests or claims related to the emergency arbitrator proceedings. This includes reallocating the costs of those proceedings and any claims arising out of or in connection with the compliance or non-compliance with the Order made by the emergency arbitrator.
Article 7: Preliminary Orders
(1) A party may, at any stage of the emergency arbitrator proceedings, request a preliminary order directing another party not to frustrate the purpose of the Application (“Preliminary Order”). Such request may be made and decided upon without notice to all other parties.
(2) If a party submits a request for a Preliminary Order before the Application has been transmitted to the other parties, the Secretariat will transmit such request together with the Application to the emergency arbitrator prior to notifying all other parties.
(3) The Secretariat will transmit the Application and the request for a Preliminary Order to all other parties as soon as the emergency arbitrator has decided on the Preliminary Order request.
(4) If the Preliminary Order is granted, the emergency arbitrator must immediately afford all other parties the reasonable opportunity to present their case. The emergency arbitrator may modify the Preliminary Order.
Article 8: Costs of the Emergency Arbitrator Proceedings
(1) The applicant must pay the fees set out in the Schedule of Fees. Notwithstanding Article 1(7) of this Appendix, the emergency arbitrator will not be appointed, and the Application will not be notified unless the Secretariat has received the requisite payment.
(2) At any time during the emergency arbitrator proceedings, the President may decide to increase the emergency arbitrator’s fees or the ICC administrative expenses taking into account, inter alia, the nature of the case and the nature and amount of work performed by the emergency arbitrator, the Court, and the Secretariat. If the party that submitted the Application does not pay the increased costs within the time limit fixed by the Secretariat, the Application shall be considered as withdrawn.
(3) The Order shall fix the costs of the emergency arbitrator proceedings and decide which party must pay them, or in what proportion the parties shall pay them.
(4) The costs of the emergency arbitrator proceedings include the ICC administrative expenses, the emergency arbitrator’s fees and expenses and the reasonable legal and other costs the parties incurred for the emergency arbitrator proceedings.
(5) If the emergency arbitrator proceedings do not take place pursuant to Article 1(8) of this Appendix or are terminated before the emergency arbitrator makes an Order, the President shall determine what amount, if any, will be reimbursed to the applicant. A portion of the ICC administrative expenses specified in the Schedule of Fees is non-refundable in all cases.
Article 9: Applications to National Courts
The Emergency Arbitrator Provisions are not intended to prevent any party from seeking interim or conservatory measures from a competent judicial authority at any time before making an application for such measures, and in appropriate circumstances thereafter, pursuant to the Rules. Any application for such measures from a competent judicial authority shall not be deemed to be an infringement or a waiver of the arbitration agreement. A party that makes such application or obtains such measures from the judicial authority must notify the Secretariat without delay.
Article 10: General Rule
(1) The President shall have the power to decide, at the President’s discretion, all matters relating to the administration of the emergency arbitrator proceedings not expressly provided for in this Appendix.
(2) In all matters concerning emergency arbitrator proceedings not expressly provided for in this Appendix, the Court, the President and the emergency arbitrator shall act in the spirit of the Rules and this Appendix.
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