ICC to Overhaul Arbitration Rules... Introducing Electronic Documents and 'Ultra-Fast Arbitration'

Published 29 Apr.2026 14:58(KST)

The International Chamber of Commerce (ICC) is set to overhaul its International Arbitration Rules. The aim is to streamline procedures, enhance convenience and speed, and introduce mechanisms to reduce the burden on users.

The Korea Chamber of Commerce and Industry (KCCI) and ICC jointly hosted the '2026 ICC Korea-ASEAN International Arbitration Conference' on April 28 at the KCCI building in Seosomun-dong, Seoul. Kim & Chang, Peter & Kim, and Bae, Kim & Lee sponsored the event.

Claudia Salomon, President of the ICC International Court of Arbitration, visited Korea for the event and personally presented the key points of the amendment.

Until now, the Terms of Reference (TOR) have been regarded as a core procedure for identifying the issues in dispute. However, there have been growing concerns about its effectiveness, as TORs are often drafted in a formalistic manner with insufficient information at the early stages of a case.

Accordingly, the ICC will remove the obligation to draft a TOR and allow it to be used only when necessary. This reflects the fact that arbitration has proceeded smoothly in expedited procedures without a TOR.

Claudia Salomon, President of the ICC International Court of Arbitration, is explaining the key points of the amendment. Photo by Baek Seonghyun, The Law Times

The standards for arbitrator independence and disclosure have also been revised. While the strict disclosure requirements remain in place, parties must now submit specific lists of individuals and entities, along with the reasons necessary to assess potential conflicts of interest. It has been clarified that mere disclosure of information does not compromise fairness.

Electronic document communication will become the default principle. Instead of paper submissions, the exchange of documents will be conducted electronically in principle, and unless otherwise requested by the parties, procedures such as tribunal signatures and Secretariat notifications will also be carried out electronically.

The deadline for awards will be managed more flexibly according to the circumstances of each case. The monetary threshold for the expedited procedure will be raised from USD 3 million to USD 4 million.

A new 'ultra-fast arbitration' system, which can be applied by mutual agreement of the parties, will also be introduced. This procedure is intended for cases, such as technology disputes, that require rapid resolution. If selected, parties must submit their claims and evidence in the early stages, and the addition of new parties will not be permitted. To further shorten the process, parties may have to agree to an award without a statement of reasons.

The confidentiality principle has also been partially relaxed. While confidentiality was previously the default, the scope may now be determined by party agreement, reflecting practical needs for exceptions. However, the confidentiality obligations of arbitrators, tribunals, and the Secretariat will remain unchanged.

The ICC plans to provide annotated and explanatory materials in line with the implementation date of June 1. After the new rules come into effect, a Korean translation will be distributed and related training will be conducted. The rules for arbitrators and experts will also be amended sequentially.

Attendees at the seminar included former Supreme Court Justice Noh Taeak (16th class), Yoon Byungcheol (16th Judicial Research and Training Institute), Chair of ICC Korea's Arbitration Commission, Kang Junha, Director General of the International Legal Affairs Bureau at the Ministry of Justice, and Yoon Cheolmin, Executive Director of the International Trade Division at the KCCI.

In his welcoming remarks, Director General Kang Junha stated, "International arbitration provides companies with a reliable framework and supports stable commercial relations between countries. Korea has continuously developed its institutional foundations to strengthen its capacity to resolve international disputes."