The new ICC Arbitration Rules: Greater efficiency and speed for dispute resolution in Latin America

Below, we identify several changes that may affect arbitrations originating in Latin America:

1. Highly Expedited Arbitration Procedure (HEAP): A new optional procedure is introduced to resolve disputes within three months. HEAP is particularly suitable for less complex disputes or those with straightforward factual backgrounds. The parties may agree to apply HEAP in their arbitration agreement or after a dispute has arisen. The procedure is characterized by accelerated timelines, including a 20-day deadline for the appointment of a sole arbitrator. Reflecting this expedited framework, the parties must present their cases in full from the outset. Accordingly, the Request for Arbitration must be accompanied by a Statement of Claim, while the Answer must include a Statement of Defense. To the extent possible, the parties should submit the relevant evidence at that stage. The sole arbitrator may dispense with document production, proceed without a hearing, and – by agreement of the parties – issue an unreasoned award. The award must be rendered within three months of the case management conference, which must take place within seven days of receipt of the file. Notably, the three-month period covers not only the drafting of the award but also the ICC’s scrutiny and notification to the parties.
2. Expedited Procedure: The monetary threshold for the automatic application of the Expedited Procedure has been increased to US$4 million for arbitration agreements concluded on or after June 1, 2026. This increase is relevant considering that, in 2025, more than 40% of ICC cases involved amounts in dispute not exceeding US$4 million.
3. Early Determination: To promote procedural efficiency, Article 30 of the Rules provides that a party may request an early determination from the arbitral tribunal with respect to one or more claims or defenses on the grounds that they are (i) manifestly without merit or (ii) manifestly outside the tribunal’s jurisdiction. The tribunal has discretion to decide whether such a request is appropriate and should be granted.
4. Confidentiality: Article 12(8) expressly establishes a duty of confidentiality for arbitrators, except where the information is publicly available, the parties have agreed otherwise, disclosure is required by law, or disclosure is necessary to protect a legal right or comply with a disclosure obligation. Unlike the 2021 Rules, which contained no equivalent provision, this addition provides greater certainty and expressly codifies an already well-established practice. From the client’s perspective, this change enhances the predictability of the arbitral process and provides greater clarity regarding the treatment of sensitive information. At the same time, the 2026 Rules do not impose a general duty of confidentiality on the parties, thereby preserving a flexible approach that recognizes the need for certain disclosures and the diversity of contexts in ICC arbitrations, including those involving states or matters of public interest. Against this backdrop, the parties retain the ability to agree on the scope of confidentiality. In addition, pursuant to Article 23(3), the arbitral tribunal continues to have the authority to issue confidentiality orders and adopt measures to protect trade secrets and other confidential information.
5. Electronic Communications: Under the 2026 Rules, written communications with the Secretariat must be made by email or other electronic means of communication that generate a record of transmission (Article 3(1)). This differs from the 2021 Rules, which did not expressly designate electronic communications as the default channel for written communications with the Secretariat. More specifically, Article 3(2) of the 2026 Rules requires that Requests for Arbitration, Answers to Requests for Arbitration, and any Requests for Joinder be submitted to the Secretariat electronically. Hard-copy submissions will be accepted only where the submitting party requests transmission against receipt, by registered mail or by courier, or where electronic transmission is not feasible. This clarification is consistent with the objective of increasing efficiency, reducing administrative burdens, and supporting a more streamlined case management process for the parties, arbitrators, and the ICC Secretariat. In addition, the ICC offers ICC Case Connect, its digital case management platform, which provides a secure and convenient environment for parties to communicate, share documents, and interact with both the Secretariat and the arbitral tribunal. 
6. Electronic Award: The tribunal may sign the award electronically. The new Article 38(1) of the 2026 Rules provides that, after consulting with the parties and taking into account all relevant circumstances, the arbitral tribunal may: (i) sign the award electronically; (ii) sign the award in multiple counterparts; and/or (iii) request that the Secretariat notify the award in writing or electronically, or by any other means permitted by law.
7. Costs and Fees: The 2026 Rules reduce ICC administrative expenses in disputes below US$10 million, which may facilitate access to arbitration in lower-value cases, while providing for targeted increases in higher-value disputes. In addition, Article 6(12) of Appendix III provides that where the arbitration was preceded by ICC mediation, half of the administrative costs of that mediation may be credited against the costs of the arbitration, creating a concrete incentive to explore early dispute resolution mechanisms.

We consider that the innovations introduced by the 2026 Rules will contribute to faster and more efficient dispute resolution and will be highly beneficial for clients in Latin America. In this context, the International Arbitration team at Hogan Lovells is available to support and advise you both at the pre-dispute stage and throughout any arbitration proceedings.

Authored by Omar Guerrero, Maria-Lucia Echandia, and Orlando Cabrera.