On March 1st, the revised Arbitration Rules of the International Chamber of Commerce (ICC) took effect. The revised Rules seek to enhance time and cost efficiency as well as transparency, and will apply to all arbitrations initiated on or after that date.

An expedited procedure for smaller cases

The major innovation is that the Rules now provide for an expedited procedure that applies automatically to smaller disputes. The expedited procedure rules will apply only to arbitration agreements entered into after March 1, 2017.

The expedited procedure provisions, set forth at Article 30 and Appendix VI of the Rules, apply to all arbitrations in which the amount in dispute is $2 million or less, unless the parties opt out of the procedure. Parties can also agree to opt in to this procedure in cases with higher stakes.

When triggered, the essential features of the expedited procedure are as follows:

  • Generally, a sole arbitrator will be appointed by the ICC Court, even if the arbitration agreement provides for three arbitrators;
  • There will be no Terms of Reference (a formal document usually drawn up early in an ICC proceeding to, inter alia, define the scope of the arbitration);
  • The arbitral tribunal has the power to decide the dispute on the basis of documents only without any hearings or witness examination;
  • The arbitral tribunal has express discretion not to allow requests for document production and to limit the number, length and scope of written submissions and written witness evidence;
  • The arbitral tribunal must convene an initial case management conference within only fifteen days of receiving the file;
  • The arbitral tribunal has only six months to render the final award from the date of the case management conference. (The ICC Court has the power to extend that time limit if necessary.)

According to ICC Court President Alexis Mourre, “disputes will now be resolved on a very expeditious and cost-effective manner, providing an effective answer to the legitimate concerns of the business community as to time and costs.”

Parties wishing to opt out of the expedited procedure must do so expressly. Importantly, the ICC indicates that such an intention will not be implied simply because “the parties have referred in the arbitration agreement to a three-member arbitral tribunal, or have adopted time limits that depart from those provided by the Expedited Procedure Provisions.” It is recommended that parties wishing to opt out of the expedited procedure provisions in their arbitration agreement do so by following standard clauses proposed by the ICC.

Enhanced Efficiency and Transparency

With regard to arbitrations that do not follow the expedited track, the revised Rules reduce the time limit for establishing the Terms of Reference from two months to 30 days. This time limit may be extended by the ICC Court if necessary.

The revision further enhances transparency by allowing the ICC Court to provide the parties with reasons for its decisions on arbitrator challenges and on jurisdictional issues. In the past, the ICC Court made those decisions without providing its reasoning, unless both parties requested otherwise. The request of one party will now be sufficient.

Alongside the entry into force of the new Rules, the ICC has released the latest version of its Note to Parties and Arbitral Tribunals, which provides detailed guidance on the application of the new rules, and the expedited provisions in particular. Mr. Mourre comments that the “Note is an important step towards the implementation of our new policies to foster the efficiency and the transparency of ICC arbitrations. The possibility for any party to seek the provision of reasons for a wide range of Court decisions is a landmark change as well as a message of accountability to our users.”

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Photo of Ana Vermal Ana Vermal

Ana Vermal is co-head of Proskauer’s International Arbitration Group.

Companies turn to Ana when their most significant cross-border disputes require not only legal precision, but strategic judgment, cultural fluency, and the ability to navigate seamlessly between civil law and common law traditions. A…

Ana Vermal is co-head of Proskauer’s International Arbitration Group.

Companies turn to Ana when their most significant cross-border disputes require not only legal precision, but strategic judgment, cultural fluency, and the ability to navigate seamlessly between civil law and common law traditions. A seasoned quadrilingual lawyer qualified in both New York and Paris, Ana brings 25 years of experience representing corporations from around the world in high-stakes international arbitrations arising from acquisitions, joint ventures, distribution agreements, licensing arrangements, and other cross-border transactions.

Widely recognized as both an advocate and an arbitrator, Ana is regularly entrusted with significant international disputes under the rules of the world’s leading arbitral institutions and across a broad range of industries and jurisdictions.  She is known for her ability to master the legal, factual, and cultural dimensions of a dispute and translate that understanding into persuasive advocacy.

Ana’s experience sitting as an arbitrator gives her a distinctive perspective as counsel, informing her approach to case strategy, evidentiary presentation, witness examination, and advocacy before international tribunals.  Clients value her ability to anticipate how arbitrators evaluate legal arguments, assess evidence, and approach decision-making.

Ana’s standing in the international arbitration community is reflected in her extensive institutional leadership. Most notably, she served for six years on the International Court of Arbitration of the International Chamber of Commerce (ICC), the world’s leading arbitral institution. As a member of the Court, she participated in the supervision of ICC arbitrations worldwide, including decisions concerning the appointment and challenge of arbitrators and the scrutiny and approval of awards. This experience provided her with a rare, behind-the-scenes perspective on the administration and adjudication of international disputes at the highest institutional level.

Ana also plays a leading role in shaping the future of international arbitration. She co-chairs the International Bar Association’s Task Force on AI in International Arbitration, bringing together practitioners from around the world to address the opportunities and challenges presented by emerging technologies in dispute resolution. She also serves on the Arbitration Council of the DIS, is the immediate past vice chair of the IBA’s Arbitration Committee, serves on the boards of Paris Place d’Arbitrage and the Swedish Arbitration Association, and is the Argentine representative to the ICC Commission on Arbitration and ADR.

Ana’s international background is central to the value she brings to clients. An Argentine and Spanish national, she has lived in Germany, Spain, the United States, and France, and is fluent in English, French, Spanish, and German.

Ana is widely recognized for her strategic insight and advocacy. Chambers Global reports that clients praise her “extremely strong courtroom presence and strong cross-examination skills.” The Legal 500 EMEA describes her as “a great strategic thinker” who “shows an unmatched commitment to her clients and a knowledge and understanding of case law and the intricacies of each case that distinguish” her. Who’s Who Legal recognizes Ana as a “brilliant and insightful counsel with vast knowledge of international arbitration proceedings,” and highly commends her expertise in post-M&A and contractual disputes.