ICC Arbitration Rules: 2017 vs 2021 A Comparative Overview

The International Chamber of Commerce (ICC) regularly updates its Arbitration Rules to reflect evolving practice, technology, and the expectations of parties and tribunals. The 2017 Rules represented a major modernization, and the 2021 Rules introduced further refinements. This page highlights the most significant changes, explaining why they matter for users of ICC arbitration.

1. Structural Layout and Presentation

2017 Rules

• Divided into 12 Articles plus Annexes (AD).
• Each article grouped related provisions but occasionally mixed procedural steps with substantive matters.
• Annex A Forms of Request and Answer; Annex B Fees; Annex C Arbitration Clause; Annex D Guidance.

2021 Rules

• Reorganized into 13 Articles. A new Article10 Confidentiality and Publication is added.
• Annexes renamed and expanded: AnnexA (Request for Arbitration) and AnnexB (Answer) remain, while a new AnnexC (Arbitration Agreement) and AnnexD (Guidelines for Costs) were introduced.
• Clearer crossreferencing and inline definitions to aid nonlawyers.

2. Commencement of Arbitration

2017 Rules

The ICC Court receives the Request for Arbitration (RFA) and, after checking formalities, issues the Notice of Commencement. The time for the respondent to file an Answer is 30 days (or 45 days if the arbitration agreement is in a foreign language).

2021 Rules

The concept of Notice of Commencement is retained but the deadline to file an Answer is now 30 days *or* extends automatically to 45 days when the language of the arbitration agreement differs from the ICCs official language of the seat, removing the need for a separate languagebased provision.

3. Appointment of the Tribunal

2017 Rules

• Partyselected arbitrators appointed within 30 days of the Answer.
• If parties cannot agree, the ICC Court appoints arbitrators within 30 days of the deadline.

2021 Rules

• Introduces a Default List of ICCapproved arbitrators, allowing quicker appointments when parties fail to agree.
• Timelimits for appointment are tightened: the Court must appoint within 20 days after the expiry of the parties appointment period.
• Provides an explicit procedure for expedited appointments in fasttrack arbitrations.

4. Jurisdictional Challenges

2017 Rules

The tribunal decides on jurisdictional objections at its first meeting. The decision is final and binding, though parties may apply to the ICC Court for confirmation.

2021 Rules

Clarity is added: the tribunal must issue a written Decision on Jurisdiction within 30 days of the first meeting, and the decision is subject to a review by the ICC Court only upon a written request by a party within 30 days of receipt.

5. Conduct of the Arbitration

5.1. Case Management

2017: The tribunal prepares a Case Management Schedule (CMS) after the preliminary meeting. The ICC Court intervenes only on the request of a party.

2021: CMS must include a digitalcommunication plan and a confidentiality protocol. The ICC Court now has a limited supervisory role to ensure compliance with the CMS.

5.2. Evidence

Both versions permit parties to submit written evidence, witness statements, and expert reports. The 2021 Rules add:

• Explicit permission for electronic evidence (email, cloudbased documents).
• A requirement that the tribunal set ediscovery parameters in the CMS.

5.3. Hearings

2021 Rules formalize the possibility of remote hearings, allowing video conferences as the default unless the tribunal decides otherwise. No such explicit provision existed in 2017.

6. Awards

6.1. Form and Content

Both Rules require a reasoned award, but the 2021 Rules include a template award appendix to promote uniformity and reduce drafting time.

6.2. TimeLimits

• 2017: Tribunal must render the award within 90 days of the final hearing (or 180 days if the award is partial).
• 2021: The deadline is shortened to 60 days for a final award and 120 days for a partial award, with a possible 30day extension on justified grounds.

6.3. Correction and Interpretation

The 2021 Rules expand the correction mechanism: parties may request correction within 30 days (instead of 14) and the tribunal must consider the request within 15 days.

7. Costs and Fees

2017 Rules

Fees are calculated on a schedule based on the amount in dispute, with a basic fee and a supplementary fee for each arbitrator. The ICC Court may order costsplitting in the award.

2021 Rules

Key updates include:

• A revised fee schedule that introduces a tiered structure for disputes above USD10million, providing greater predictability.
• Explicit provision for costsaving measures, such as limiting the number of expert witnesses or using a single arbitrator in lowervalue cases.
• Requirement that the ICC Court provides a costallocation statement with the award, detailing each partys share of administrative and arbitrator fees.

8. Confidentiality

The 2021 Rules introduce a dedicated Article10 on confidentiality. While confidentiality was implied in earlier versions, the new article makes it a contractual obligation, defining:

• Scope of confidential information (documents, hearings, award).
• Permitted disclosures (e.g., to courts, enforcement authorities, or with written consent).
• Consequences for breach (including possible costs awards).

9. Expedited Procedure

Both Rules allow parties to request an expedited arbitration, but the 2021 version clarifies the procedure:

• Expedited cases must involve a single arbitrator.
• All deadlines are halved (e.g., 45 days for the Answer, 45 days for the award).
• The ICC Courts supervisory role is reduced to ensure speed.

10. Technology and Innovation

The 2021 Rules recognise the growing role of technology in dispute resolution. Highlights include:

• Recognition of electronic service of documents.
• Allowance for virtual hearings, with a default presumption of suitability.
• Guidelines for the preservation and handling of digital evidence.

11. Practical Impact for Parties

Speed and Efficiency Shorter timelimits for appointments, case management, and award delivery accelerate the overall process.

Cost Predictability The tiered fee schedule and explicit costsaving measures give parties clearer expectations.

Flexibility Remote hearings, electronic evidence and a defined confidentiality regime make ICC arbitration more adaptable to modern business environments.

Risk Management The expanded jurisdictional review window and detailed costallocation statements help parties manage procedural risk.

12. Conclusion

The transition from the 2017 to the 2021 ICC Arbitration Rules reflects a deliberate shift toward greater efficiency, transparency, and technological integration. While the core principles of party autonomy, neutrality, and finality remain unchanged, the newer rules provide clearer guidance, tighter timelines, and more robust cost controls. Parties familiar with the 2017 Rules will find the 2021 edition a natural evolution that better meets the demands of contemporary international commerce.

For a full text of the ICC Arbitration Rules 2021, visit the ICC official website.