Kluwer: The New ICC Rules Are Not Silent About Their Own AI Silence: They Already Govern AI
Published on September 10, 2026
The 2026 ICC Arbitration Rules (the “Rules”) never mention artificial intelligence (“AI”). They already govern it. Articles 20, 46, 23(2), and 37(3) build the whole architecture for AI governance, and the tribunal-secretary provisions quietly state the test. The ICC has done more than it knows.
The Rules entered into force on June 1, 2026, the most substantial revision of the ICC framework in a decade. They say nothing about AI.