ICC Arb 2026
References
in Appendix II. ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
Article 1: Access to Information Regarding the Work of the Court
(1) Only Members and the Secretariat may attend Court Sessions.
(2) However, in exceptional circumstances, the President may invite other individuals to attend Court Sessions as observers (“Observers”). Such persons must respect the confidential nature of the Court’s work.
(3) The President determines which Observers may attend specific Court Sessions.
(4) The Secretary General determines the extent to which Members and members of the Secretariat have access to materials related to the Court’s work.
(5) The documents submitted to the Court, or prepared by the Court or the Secretariat during the Court’s proceedings, are communicated only to Members and members of the Secretariat.
(6) If a Member or member of the Secretariat is involved in any way in proceedings pending before the Court, they must inform the Secretary General as soon as they become aware of such involvement.
(7) If a Member or Observer is involved in any way in proceedings pending before the Court, or if the Secretary General so decides for any other reason, that person must not attend the Court Session when the Court considers the matter. They must not take part in the discussions or in the Court’s decisions and may not have access to any documents or information related to such proceedings.
(8) If a member of the Secretariat is involved in any way in proceedings pending before the Court, or if the Secretary General so decides for any other reason, that person may not participate in the Court’s work regarding such proceedings. This includes attending the Court Session when the Court considers the matter, having access to the discussions and the Court’s decisions, participating in the overall administration of the proceedings, and receiving any documents or information about the proceedings.
(9) The Secretary General may allow researchers undertaking work of an academic nature to review awards and other documents of general interest, but not memoranda, notes, statements and documents submitted by the parties.
(10) The Secretary General will grant this permission only if the researcher agrees to keep the documents confidential and not publish anything based on them without first submitting the text to the Secretary General for approval.
Article 2: Participation of Members of the Court and the Secretariat in ICC Arbitration
(1) The President and the members of the Secretariat may not act as arbitrators or counsel in cases under the Rules.
(2) The Court may not appoint Members as arbitrators. Parties, however, may propose Members, other than the President, as arbitrators pursuant to Article 13 of the Rules or pursuant to any other procedure agreed upon by the parties, subject to confirmation.
Article 3: Constitution, Quorum and Decision-Making
(1) The President selects which Members will participate in the Committees, Special Committees and Single-Member Committees. If the President is absent or unable to act, a Vice-President makes the selection, at the request of the Secretary General.
(2) Court Sessions meet whenever convened by the President.
(3) The President chairs the Court Sessions. However, a Vice-President may chair a Court Session either (i) at the President’s request or (ii) if the President is absent or unable to act, at the Secretary General’s request. In exceptional circumstances, another Member may chair a Court Session following the same procedure.
(4) Any Member may act in a Single-Member Committee.
(5) Deliberations are valid when:
a) at least two Members are present at a Committee; and
b) at least six Members, and the President or designated Vice-President, are present at a Special Committee or plenary.
(6) Decisions at Committees are taken unanimously. When a Committee cannot reach a unanimous decision or determines it is preferable to abstain, it refers the case to a Special Committee, making any suggestions it deems appropriate.
(7) Decisions at Special Committees and the plenary are taken by majority vote. If the votes are tied, the President or Vice-President, as the case may be, casts the deciding vote.
Article 4: Court Secretariat
(1) In the Secretary General’s absence or otherwise at the Secretary General’s request, the Deputy Secretary General, Managing Counsel and/or the General Counsel have the authority to take decisions or actions which the Secretary General is authorised to take under the Rules.
(2) The Secretariat may, with the Bureau’s approval, issue guidance notes and other documents for the parties and arbitrators, or whenever needed for the proper conduct of the arbitral proceedings.
(3) Offices of the Secretariat may be established outside ICC’s headquarters. The Secretariat’s functions under the Rules may be carried out from any of its offices, as directed by the Secretary General.
Article 5: Document Retention
(1) In each case submitted to arbitration under the Rules, the Secretariat shall retain in the Court archives all awards and decisions of the Court, as well as copies of the pertinent correspondence of the Secretariat in electronic or hard copy format, as long as necessary for: (i) the purpose of recognition and enforcement of awards; (ii) defence of legal claims; (iii) audit; (iv) the Court and the Secretariat to administer and improve their dispute resolution services for pending and future disputes pursuant to their mission; and (v) research.
(2) Any documents, communications or correspondence submitted by the parties or the arbitrators – in electronic or hard copy format – shall be destroyed unless: (i) they are retained to comply with any legal obligation; (ii) they are required for research purposes; (iii) they are necessary for the Court and Secretariat to administer and improve their dispute resolution services for pending and future disputes pursuant to their mission; or (iv) a party or an arbitrator requests in writing within 30 days from notification from the Secretariat of the withdrawal of the arbitration or notification of the final award or any subsequent addendum or decision to the final award or additional award the return of such documents, communications or correspondence. All related costs and expenses for the return of those documents shall be paid by such party or arbitrator.
(3) Where the Secretariat has requested a written communication by email or other electronic means under Article 3(1) of the Rules, and a party sends it in hard copy, the Secretariat may destroy the hard copy immediately after ensuring it retains an electronic copy of the communication.
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Documents
for Schiedsverfahrensrecht
notes
for Appendix II. ICC Arb 2026
No notes available.