This twenty-page practical guide deals with arbitration before the International Chamber of Commerce from the standpoint of a French company, from drafting the clause to enforcing the award against the debtor’s assets. It rests on a simple thesis: the arbitration clause is not an end-of-contract clause, it is the enforcement clause, and it is drafted starting from the counterparty’s assets rather than from a template.
Fifteen parts follow the life of the contract: what the International Court of Arbitration actually administers, the five decisions the clause takes on your behalf, the four laws an international contract brings together, commencing the proceedings and constituting the tribunal, what the 2026 Rules have changed since 1 June, evidence and expert evidence, cost and the advance on costs, urgency before the tribunal is constituted, the award and its review, enforcement in France and abroad, and maritime and commercial applications.
The guide ends with a case study with figures, a roadmap of the decisions to be made before signature and in the first weeks of a dispute, and a glossary of the concepts used. September 2026 edition, up to date with the ICC Arbitration Rules in force since 1 June 2026.
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Frequently asked questions
Who is this guide for?
For the legal departments and executives of companies that sign international contracts containing, or likely to contain, an ICC arbitration clause: exporters and importers, shipowners and shipyards, construction and engineering companies, energy operators, distributors and commercial agents, bankers and insurers of international trade, and their advisers. It can be read before signature, to draft the clause, as well as after a dispute has arisen, to assess its procedural and financial consequences.
What changes with the 2026 ICC Arbitration Rules?
The 2026 Rules came into force on 1 June 2026 and apply to arbitrations commenced on or after that date, unless the parties agree otherwise. The Terms of Reference are no longer mandatory; a case management conference must be held within thirty days of the file being transmitted to the tribunal, and subsequent new claims require its authorisation. The Rules also establish early determination of claims that are manifestly devoid of merit, a very expedited procedure by agreement of the parties, and award time limits set case by case.
Is my contract subject to the expedited procedure without my having wanted it?
Probably, if your arbitration agreement was concluded on or after 1 June 2026 and the amount in dispute does not exceed USD 4 million. In that case the expedited procedure applies automatically: a sole arbitrator, limited written submissions, a mainly document-based procedure and an award expected within six months of the first case management conference. The parties may exclude it, but only by saying so expressly. A silent clause amounts to acceptance, and this regime is ill suited to a technical dispute requiring a full adversarial expert process.
Is the seat of the arbitration the place of the hearings?
No, and the confusion is costly. The seat is a legal connection: it designates the law governing the arbitration, the supporting judge with jurisdiction over difficulties in constituting the tribunal, and the court before which any challenge to the award will be brought. The place of the hearings is a matter of practical organisation. An arbitration may have its seat in Paris, hold its hearing in Singapore and hear witnesses by videoconference without the seat being affected. Choosing a seat means choosing a law and a reviewing court.
Can I obtain an emergency measure before the tribunal is constituted?
Yes. The ICC Rules provide for an emergency arbitrator, in principle appointed within two days of the application, who then rules within a period of around fifteen days. The 2026 Rules allow the emergency arbitrator to issue a preliminary order without prior notice where warning the opponent would defeat the measure, for example in the event of dissipation of assets or destruction of evidence, the parties being heard afterwards. The State court also retains jurisdiction for conservatory attachments and measures affecting third parties.
How much does an ICC arbitration cost?
The cost consists of the institution’s administrative expenses and the arbitrators’ fees, calculated on scales based on the amount in dispute, plus counsel fees and the costs of experts, translation, hearings and travel. The institutional exposure is therefore foreseeable from the filing of the Request, and can be simulated with the ICC calculator. Counsel and expert fees, on the other hand, account for the dominant share of the total cost and depend on procedural choices: number of witnesses, scope of expert evidence, hearing or document-only procedure.
Can an ICC award be appealed?
No, there is no appeal on the merits comparable to that available before State courts. The award is final. Some review nevertheless remains: upstream, the International Court of Arbitration scrutinises the draft award before it is issued; downstream, an action to set aside is available before the courts of the seat on limited grounds. In France, there are five such grounds, relating to jurisdiction, the constitution of the tribunal, its mandate, the adversarial principle and international public policy (article 1520 of the French Code of Civil Procedure).
How is an ICC award enforced in France?
Arbitral awards are recognised or enforced in France if the party relying on them establishes their existence and if such recognition or enforcement is not manifestly contrary to international public policy (article 1514 of the French Code of Civil Procedure). Forced enforcement requires an exequatur order, issued by the Judicial Court within whose jurisdiction the award was made or, for an award made abroad, by the Paris Judicial Court (article 1516). The procedure is ex parte, which makes it quick.
Should the law applicable to the arbitration agreement itself be chosen?
Yes, and it is the most frequent omission. An international contract is governed by several laws that must no longer be confused: that of the contract, that of the arbitration agreement, that of the seat, and the procedural rules. The law of the arbitration agreement governs the validity and scope of the clause, and therefore who is bound by it, in particular a non-signatory parent company. National laws diverge sharply on this point. A silent clause leaves the answer to the vagaries of conflict of laws.
While the guide is on its way, the related analyses are freely available: ICC Arbitration Rules 2026, what changes for companies, on the procedural innovations and their application in time; ICC arbitration clause, the five decisions to make before signing, on drafting; ICC emergency arbitrator or national court, on the period before the tribunal is constituted; How much does an ICC arbitration cost, on the 2026 scale and advances; Enforcing an ICC arbitral award, on exequatur, challenges and the reform of 6 August 2026; ICC arbitration clause in a maritime contract, on shipping disputes.