Kluwer: The ICC Rules 2026 and the Decline of Terms of Reference

The 2026 International Chamber of Commerce (“ICC”) Rules of Arbitration (the "2026 Rules", already discussed here) mark a quiet but significant procedural shift by removing the mandatory Terms of Reference ("ToR") in standard arbitral proceedings. Although presented as an efficiency-driven reform, the amendment fundamentally reshapes how arbitral procedure is organised in practice, moving procedural control away from a single constitutive document prepared at the outset towards continuous tribunal-led case management throughout the proceedings.

While the reform does not alter the substantive standards governing new or additional claims, it changes how the procedural framework is established and adapted as the arbitration progresses.