International Arbitration Update - October 2026

What Businesses Need to Know About the Latest Changes to International Arbitration Rules

The international arbitration landscape is undergoing a significant period of procedural reform. At the start of June, the International Chamber of Commerce’s Arbitration Rules (“ICC Arbitration Rules”), the most widely used global rules for international arbitration, were updated. In 2025 and 2026, other major arbitration centers, such as the Singapore International Arbitration Centre (“SIAC”), the Korean Commercial Arbitration Board (“KCAB”), and Spain’s Corte Española de Arbitraje (“CEA”) have also introduced notable reforms. Common themes among the reforms include faster procedures, stronger emergency relief mechanisms, and greater integration of technology and artificial intelligence. As the leading institutions compete with each other and innovate to attract disputing parties’ business, they tend to follow each other’s lead. However, important differences between the institutions persist, and businesses are well-advised to understand how those differences may impact their disputes.

ICC 2026 Rules: Emphasizing Faster Awards and Emergency Ex Parte Relief

Notable developments in the new ICC Arbitration Rules include provisions aimed at ensuring the legitimacy of the arbitral process through additional protections regarding the requirement for arbitrators to identify matters that may raise doubts as to their independence and impartiality.

The new rules also focus on efficiency. Where the amount in dispute is less than USD $4 million, expedited procedures in the ICC Arbitration Rules apply automatically (subject to the parties agreeing otherwise). The rules also introduce Highly Expedited Arbitration Provisions (“HEAP”), designed to produce a final award within three months. These provisions apply on an “opt-in” basis: parties can agree that they apply in their arbitration agreement or can agree to them after the dispute has arisen. Commercial parties facing time-sensitive disputes or seeking quick resolution rather than a procedure that may more closely approximate litigation may see HEAP as an attractive option.

The ICC has also expanded its emergency arbitration framework by expressly authorizing ex parte preliminary orders. Under the new ICC Arbitration Rules, an emergency arbitrator may issue an order without prior notice to the opposing party where advance notice would risk frustrating the requested relief. In practical terms, this allows a claimant to obtain an order preventing a respondent from dissipating assets, destroying evidence, or otherwise undermining the effectiveness of a forthcoming injunction before the respondent learns of the application. To address due process concerns, the Rules require the respondent to be heard promptly after the order is issued.

SIAC 2025 Rules: Ex Parte Emergency Relief

The SIAC is one of the leading arbitration institutions in Asia. In 2025, it was one of the first major institutions to introduce Protective Preliminary Orders (“PPOs”), allowing parties to seek urgent ex parte relief. Under SIAC’s provisions, emergency arbitrators may be appointed within 24 hours and may issue PPOs within a further 24 hours.

Other Institutional Reforms: Technology and Consolidating Case Management

Outside of the ICC and SIAC, another strong trend is AI developments and modernizing technology. For example, KCAB’s 2026 Rules introduce new provisions addressing artificial intelligence and digital filings. The rules also provide updated guidelines for virtual hearings, reflecting the reality that remote and hybrid proceedings have become a more prominent feature of international arbitration following the pandemic. In addition, the rules focus heavily on modernizing procedures for multi-contract disputes. Spain’s CEA regulations were recently reformed, and the innovations include the introduction of an ambitious new internal review mechanism. The mechanism allows parties to opt into an intra-institutional challenge procedure through which a final award may be essentially appealed to an appeal tribunal on limited grounds before any recourse to national courts.

What Businesses Should Watch For

Leading arbitration institutions tend to follow each other’s reforms. However, as their rules develop, complexity can increase, and the options available for better outcomes (both in terms of winning the case, and the process for getting there) change. Businesses should monitor these developments and ideally tailor each arbitration clause to achieve the best outcome from anticipated disputes, bearing in mind the strengths, weaknesses, and unique aspects of each set of rules.

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Thomas Brebner, Associate
thomasbrebner@quinnemanuel.com