Procedure, Saudi law, and enforcement under the 2026 ICC Rules of Arbitration — and what changed from the version most articles still describe.
| — | The 2026 ICC Rules apply to arbitrations commenced on or after 1 June 2026, unless the parties agreed to use an earlier version — a meaningful shift from the 2021 Rules that many existing articles still describe. |
| — | Saudi Arbitration Law expressly permits parties to adopt institutional rules like the ICC’s, including for arbitrations seated in the Kingdom, subject to Sharia and mandatory Saudi law. |
| — | Mandatory Terms of Reference have been removed under the 2026 Rules; the initial Case Management Conference is now the central early procedural milestone. |
| — | There is no universal six-month deadline for a standard ICC award. Under the 2026 Rules, the Expedited Procedure provides for a six-month final-award period from the initial CMC, while Highly Expedited Arbitration provides for a three-month period, in each case subject to extension under the Rules. |
| — | A Saudi government entity cannot agree to ICC arbitration without the required statutory approval — an ICC clause alone does not substitute for it. |
ICC arbitration is one of the most common dispute resolution choices in Saudi cross-border commercial contracts — but a meaningful number of articles describing it are already out of date. The 2026 ICC Rules, in force since 1 June 2026, changed several procedural fundamentals, and Saudi law layers its own requirements on top regardless of which version of the Rules applies. This guide walks through both together.
01 What Is ICC Arbitration?
ICC arbitration is institutional arbitration administered by the ICC International Court of Arbitration. The dispute itself is decided by the arbitral tribunal, while the ICC Court performs administrative and supervisory functions, including scrutiny of draft awards before they are issued. The ICC Court is not a court that decides the merits of a commercial dispute — that role belongs entirely to the tribunal.
02 Which ICC Arbitration Rules Apply in 2026?
The 2026 ICC Rules of Arbitration entered into force on 1 June 2026. Under Article 1(2), the 2026 Rules apply to arbitrations commenced on or after that date, unless the parties agreed to use the Rules in effect on an earlier date. An older arbitration clause referencing “the ICC Rules” generally picks up the version current when the arbitration is commenced, not the version current when the contract was signed — a distinction worth checking before relying on any specific procedural timeline.
03 How ICC Rules Interact With Saudi Arbitration Law
The ICC Rules, the seat of arbitration, and the governing law of the contract are three separate questions, not one. Choosing ICC arbitration does not mean the contract becomes “governed by ICC law” — there is no such concept. The ICC Rules govern the institutional and procedural framework; the seat determines which national arbitration law is engaged; and the governing law determines the substantive rules used to decide the merits. Under Article 22 of the 2026 Rules, the parties may choose the rules of law applicable to the merits, and in the absence of agreement, the tribunal determines the appropriate rules of law.
Under Article 2 of the Saudi Arbitration Law, the Law applies to arbitration seated in Saudi Arabia regardless of the nature of the legal relationship. It may also apply to international commercial arbitration conducted outside Saudi Arabia where the parties expressly agree to subject it to the Saudi Arbitration Law. It does not apply to personal-status disputes or matters where settlement is not legally permissible. A Saudi party’s nationality alone does not determine whether the Saudi Arbitration Law governs the procedure. The analysis depends principally on the seat and, for an international commercial arbitration conducted abroad, whether the parties have expressly agreed to subject the arbitration to the Saudi Arbitration Law.
Under Article 25 of the Saudi Arbitration Law, parties may agree on the procedures followed by the tribunal, including adopting the rules of an arbitration institution inside or outside Saudi Arabia, provided the procedures do not conflict with Islamic Sharia. This is the specific statutory basis that supports using ICC Rules in a Saudi-seated arbitration.
04 The Arbitration Agreement Under Saudi Law
Under Article 9 of the Saudi Arbitration Law, the arbitration agreement must be in writing. It can take the form of an arbitration clause in the original contract, a standalone agreement, an agreement reached after the dispute has arisen, documented correspondence or electronic communications, or a sufficiently clear incorporation by reference to another document containing an arbitration clause. If arbitration is agreed only after the dispute has arisen, the matters submitted to arbitration must be identified.
An ICC clause should not simply say “disputes will be resolved through ICC.” A properly drafted clause should clearly address ICC arbitration, the seat, the number of arbitrators, the language, and the governing law — leaving any of these open invites unnecessary early procedural disputes.
05 Choosing the Seat of Arbitration
Under Article 19 of the 2026 ICC Rules, if the parties have not agreed on the place of arbitration, the ICC Court fixes it. Hearings or meetings may still take place elsewhere without changing the legal seat. Saudi law takes a similar approach: Article 28 of the Saudi Arbitration Law allows parties to choose the place of arbitration inside or outside Saudi Arabia, and allows the tribunal to meet elsewhere for hearings, witnesses, experts, inspection, or document review.
The seat of arbitration is not the same as the physical hearing location. Holding a hearing in Riyadh does not, by itself, make Riyadh the legal seat — the seat is a distinct legal designation with its own consequences for which national arbitration law applies.
06 Language and Governing Law
Under Article 29 of the Saudi Arbitration Law, arbitration is conducted in Arabic unless the parties agree, or the tribunal decides, to use another language. Under Article 21 of the 2026 ICC Rules, where the parties have not agreed on the language, the tribunal determines it after considering relevant circumstances, including the language of the contract. Saudi-seated ICC arbitration does not have to be conducted in Arabic — for Saudi-facing contracts, it is worth expressly specifying the arbitration language rather than relying on the statutory default.
On governing law, Article 38 of the Saudi Arbitration Law permits parties to choose the substantive law governing the dispute. Where they select the law of a particular state, the tribunal applies its substantive rules rather than its conflict-of-laws rules, unless otherwise agreed. This choice remains subject to the requirement that the result not conflict with Islamic Sharia or Saudi public policy. Choosing a foreign governing law does not mean Saudi mandatory rules and public policy become irrelevant, particularly where the arbitration is seated, or the award is to be enforced, in Saudi Arabia — but foreign law can be selected, subject to those statutory limitations.
07 How an ICC Arbitration Begins
Under Article 5 of the 2026 Rules, arbitration begins by submitting a Request for Arbitration to the ICC Secretariat, covering the parties, the dispute and claims, the relief requested, relevant contracts, the arbitration agreement, the number and selection of arbitrators, the proposed seat, governing law, and language. The respondent generally submits its Answer within 30 days of receiving the Request from the Secretariat.
The current ICC filing fee in the USD schedule is US$5,000 — this is a filing fee, not the total cost of the arbitration. Administrative expenses and arbitrator fees are calculated separately under the applicable fee schedule based on the amount in dispute.
08 Constituting the Arbitral Tribunal
For Saudi-seated arbitration, Article 14 of the Saudi Arbitration Law applies in addition to the ICC’s own appointment rules. Saudi law requires arbitrators to have full legal capacity, good conduct, and at least a university degree in Sharia or law. Where there is more than one arbitrator, this degree requirement is satisfied if the chairman of the tribunal meets it. The 2026 ICC Rules separately impose independence and impartiality requirements and require continuing disclosure by arbitrators — but an arbitrator acceptable under the ICC Rules does not automatically satisfy every mandatory requirement applicable to a Saudi-seated arbitration, so both sets of criteria need to be checked.
09 Case Management Under the 2026 ICC Rules
Under Article 24, the tribunal generally holds the initial Case Management Conference (CMC) within 30 days after receiving the file from the Secretariat, and establishes the procedural timetable at that stage. Under Article 25, after the initial CMC, a party may not introduce new claims without the tribunal’s authorization — in deciding whether to permit them, the tribunal considers the nature of the new claims, the stage of the proceedings, cost implications, and other relevant circumstances. This is a practical point worth flagging for Saudi companies managing complex construction, shareholder, supply, or joint-venture disputes, where claims can evolve as the dispute develops.
10 Why Terms of Reference Are No Longer Mandatory
Under the 2021 ICC Rules, Terms of Reference were mandatory in ordinary ICC arbitration, although they did not apply under the Expedited Procedure. Under the 2026 Rules, mandatory Terms of Reference have been removed from standard ICC arbitration more broadly. Tribunals may still use Terms of Reference where useful, but they are no longer a required procedural step under the current standard procedure. The initial Case Management Conference now plays the central early case-management role.
11 Early Determination Under the 2026 Rules
Under Article 30 of the 2026 ICC Rules, a party may seek early determination where a claim or defense is manifestly without merit, or manifestly outside the tribunal’s jurisdiction. The tribunal has discretion whether to allow the application to proceed and determines the appropriate procedure after consulting the parties. This is an ICC arbitral procedural mechanism, expressly contained in the Rules — it should not be presented as equivalent to a Saudi court summary-judgment procedure.
12 ICC Expedited Arbitration
Under Appendix V of the 2026 Rules, the Expedited Procedure threshold depends on when the ICC arbitration agreement was concluded:
| ICC Arbitration Agreement Concluded | Automatic EPP Threshold |
| 1 Mar 2017 – 31 Dec 2020 | US$2 million |
| 1 Jan 2021 – 31 May 2026 | US$3 million |
| From 1 Jun 2026 | US$4 million |
Parties may also agree to use the Expedited Procedure regardless of amount, or opt out of it, and the ICC Court may determine the procedure is inappropriate given the circumstances. Under the Expedited Procedure: the Court may appoint a sole arbitrator despite a contrary tribunal-size provision; the initial CMC is generally held within 15 days after the tribunal receives the file; the procedure can be significantly streamlined; the tribunal may decide the case on documents without a hearing after consulting the parties; and the final award is due within six months from the initial CMC, subject to extension by the ICC President.
13 Highly Expedited Arbitration — New in 2026
The Highly Expedited Arbitration Provisions are new in the 2026 Rules and are a distinct mechanism from the automatic Expedited Procedure. Unlike the Expedited Procedure, Highly Expedited Arbitration requires the agreement of all parties, and is available regardless of the amount in dispute. Key features include a sole arbitrator, front-loaded claim and defense submissions, an initial CMC within 7 days after the tribunal receives the file, a heavily streamlined procedure, potentially no document production or hearing, and a final award within three months from the initial CMC, subject to possible extension.
14 Ordinary ICC Arbitration Has No Universal Six-Month Deadline
A common outdated claim is that every normal ICC award must be issued within six months. Under Article 34 of the 2026 Rules, the ICC President fixes or extends the time limit for the final award, considering the procedural timetable and any reasoned tribunal request. The 2026 system moved away from the old default six-month model for standard proceedings toward timelines tailored to individual cases. The six-month and three-month periods described above apply specifically to the Expedited and Highly Expedited procedures — not to every normal ICC case.
Saudi-seated proceedings require an additional timing check. Under Article 40 of the Saudi Arbitration Law, the tribunal must render the final award within the period agreed by the parties. In the absence of such agreement, the statutory period is 12 months from commencement of the arbitration. The tribunal may extend that period by no more than six months unless the parties agree to a longer extension. If an award is not rendered within the applicable period, either party may seek intervention from the competent court. Accordingly, in a Saudi-seated ICC arbitration, the case-specific timetable under Article 34 of the ICC Rules should be considered alongside Article 40 of the Saudi Arbitration Law.
15 Emergency Arbitrator and Interim Measures
After the tribunal receives the file, Article 29 of the 2026 Rules permits it to grant appropriate interim or conservatory measures. Seeking interim relief from a competent national court does not itself constitute a waiver of the ICC arbitration agreement. Saudi Arbitration Law addresses court and tribunal interim measures separately in Articles 22 and 23.
Under Article 31 and Appendix IV of the 2026 Rules, emergency relief can be requested where measures cannot wait until the tribunal is constituted. The emergency arbitrator is normally appointed within two days, the procedural timetable is normally established within two days after the file is received, the decision takes the form of an Order generally made within 15 days of receipt of the file, and the tribunal may later modify, terminate, or annul that Order.
An ICC emergency arbitrator’s Order is not automatically enforceable by Saudi courts as an arbitral award. The Saudi Arbitration Law provisions governing enforcement do not expressly classify an emergency arbitrator’s Order as a final arbitral award for Saudi enforcement purposes. The ICC Rules make the Order binding on the parties, but the availability and mechanism of coercive court enforcement in Saudi Arabia should be assessed separately under Saudi law. The ICC Rules themselves expressly preserve access to national courts for emergency measures, so parties may also seek interim or conservatory measures from a competent Saudi judicial authority where legally available.
16 Confidentiality in ICC Arbitration
ICC arbitration is not automatically completely confidential. The 2026 Rules require arbitrators to keep arbitration matters confidential, subject to stated exceptions, and allow a tribunal, at a party’s request, to issue confidentiality orders protecting trade secrets and confidential information. Parties may separately agree on confidentiality terms. Under Saudi law, Article 43(2) of the Saudi Arbitration Law states that an arbitral award, or part of it, may not be published without the written consent of both parties — but this publication rule should not be treated as a complete statutory confidentiality regime covering every document and communication in the arbitration.
The 2026 Rules also require each party to promptly disclose the existence and identity of any non-party funding a claim or defense, where that funder has an economic interest in the outcome. This is primarily intended to help arbitrators with independence and conflict disclosures — it is an ICC procedural requirement, not a universal Saudi statutory obligation applicable to every arbitration.
17 ICC Scrutiny of Arbitral Awards
Under Article 37, the tribunal submits the draft award to the ICC Court, which reviews it before issuance. The Court may require formal modifications, may draw the tribunal’s attention to substantive issues without interfering with its freedom of decision, and considers, where practicable, validity, enforceability, and mandatory law at the place of arbitration. The ICC Court does not approve the tribunal’s legal conclusions — its role is administrative and supervisory, not a substitute for the tribunal’s own decision-making authority.
18 Challenging a Saudi-Seated ICC Award
For an award issued under the Saudi Arbitration Law, Article 49 provides that arbitral awards are not subject to ordinary routes of appeal; the statutory remedy is an action for annulment. Article 50 identifies specific annulment grounds, including the absence or invalidity of the arbitration agreement, legal capacity, inability to present a defense because of improper notification or reasons beyond a party’s control, failure to apply the substantive rules agreed by the parties, defective tribunal constitution, decisions outside the scope of arbitration, and procedural defects affecting the award. The competent court must also address violations of Islamic Sharia, Saudi public policy, and non-arbitrable subject matter in the circumstances Article 50 specifies. Under Article 51, an annulment action must generally be brought within 60 days following notification of the award.
19 Enforcing Saudi-Seated ICC Awards
If the ICC award is issued under an arbitration governed by the Saudi Arbitration Law, Articles 52–55 are particularly relevant. An enforcement application requires the original award or a certified copy, the arbitration agreement, a certified Arabic translation where the award is in another language, and evidence of the required court deposit under Article 44. Article 55 also requires the court to verify that the award does not conflict with a Saudi judgment or decision having jurisdiction over the dispute, that it contains nothing contrary to Islamic Sharia or Saudi public policy, and that it was properly notified to the award debtor.
20 Enforcing Foreign-Seated ICC Awards in Saudi Arabia
A foreign-seated ICC award should not be analyzed in exactly the same way as a Saudi-seated award. Saudi Arabia acceded to the 1958 New York Convention on 19 April 1994, effective for Saudi Arabia from 18 July 1994, with a reciprocity reservation — the Convention applies to awards made in the territory of another Convention contracting state. Saudi Enforcement Law Articles 11–14 also regulate foreign judgments and arbitral awards, with Article 12 applying Article 11’s rules to foreign arbitral awards. Not every foreign ICC award is automatically enforceable in Saudi Arabia — recognition and enforcement remain subject to the applicable treaty and statutory requirements.
21 ICC Arbitration With Saudi Government Entities
Under Article 10(2) of the Saudi Arbitration Law, government entities cannot agree to arbitration without approval of the Prime Minister, unless a special statutory provision provides otherwise. A major special provision appears in the Government Tenders and Procurement Law: under Article 92(2), a government entity may agree to arbitration after approval of the Minister of Finance and in accordance with the Implementing Regulations. The approval requirement is only part of the analysis. The Implementing Regulations impose additional conditions on the use of arbitration in government procurement contracts, including a contract-value threshold, application of Saudi laws to the subject matter of the dispute, specific restrictions concerning arbitration before international arbitration bodies outside the Kingdom except in contracts with foreign persons, and a requirement that arbitration and its conditions be stated in the contract documents. Accordingly, an ICC clause in a Saudi government contract requires a separate review of Article 92 of the Government Tenders and Procurement Law and the relevant provisions of its Implementing Regulations before it is relied upon. The presence of an ICC clause alone does not cure a lack of required approval or compliance with those conditions.
22 ICC Rules and the Saudi Legal Layer, Side by Side
| Issue | ICC 2026 Rules | Saudi Legal Layer |
| Institution | ICC International Court of Arbitration | Saudi law recognizes institutional rules (Art. 25) |
| Seat | Party choice / ICC Court if absent | Art. 28 recognizes party choice |
| Language | Party choice / tribunal if absent | Arabic default (Art. 29), another language may be chosen |
| Governing law | Parties may choose (Art. 22) | Art. 38 + Sharia/public-policy limits |
| Interim relief | Tribunal / Emergency Arbitrator / courts | Arts. 22–23 |
| Ordinary award timing | President fixes case-specific limit (Art. 34) | Art. 40: parties’ agreed period; otherwise 12-month statutory period, subject to the statutory extension mechanism |
| Expedited / Highly Expedited | Thresholds and opt-in rules under App. V | Must remain compatible with mandatory Saudi law |
| Award challenge | ICC award is binding | Saudi-seated: annulment framework (Arts. 49–51) |
| Enforcement | ICC assists with formalities | Arbitration/Enforcement Law + NY Convention (Arts. 52–55, 11–14) |
Key Drafting Mistakes to Avoid
| — | Treating the 2021 ICC Rules as still current for arbitrations commenced after 1 June 2026 |
| — | Describing ICC arbitration as “governed by ICC law” rather than distinguishing the Rules, the seat, and the governing law |
| — | Assuming Terms of Reference are still mandatory, or that every standard award is due within six months |
| — | Assuming a Saudi seat requires Arabic-language proceedings by default assumption, without checking the parties’ actual choice |
| — | Treating an emergency arbitrator’s Order as automatically enforceable in Saudi Arabia as a final award |
| — | Assuming a Saudi government entity can agree to ICC arbitration without the statutory approvals under Article 10(2) or Article 92(2) |
Frequently Asked Questions
Are the 2021 ICC Rules still current?
For arbitrations commenced on or after 1 June 2026, the 2026 ICC Rules apply, unless the parties agreed to use the Rules in effect on an earlier date.
Can parties use ICC arbitration with a Saudi seat?
Yes. Saudi Arbitration Law expressly allows parties to adopt the rules of an arbitration institution inside or outside Saudi Arabia, subject to the applicable Saudi legal limits.
Must an ICC arbitration in Saudi Arabia be conducted in Arabic?
Not necessarily. Arabic is the statutory default under Article 29, but the parties or tribunal may select another language.
What is the new ICC Expedited Procedure threshold?
For ICC arbitration agreements concluded on or after 1 June 2026, the automatic threshold is US$4 million, subject to the other requirements of Appendix V; earlier agreements remain subject to the earlier threshold bands.
Can an ICC award be appealed in Saudi Arabia?
For an award governed by the Saudi Arbitration Law, ordinary appeal is not available; the statutory challenge is an annulment action on the grounds provided by the Law.
Can a foreign-seated ICC award be enforced in Saudi Arabia?
Potentially, but recognition and enforcement are subject to Saudi enforcement legislation and applicable international treaties, including the New York Convention framework, which Saudi Arabia applies subject to its reciprocity reservation.
Official Legal Sources
| — | ICC 2026 Arbitration Rules — International Chamber of Commerce, effective 1 June 2026 |
| — | Saudi Arbitration Law — Bureau of Experts at the Council of Ministers, including Articles 2, 9, 10, 14, 22, 23, 25, 28, 29, 38, 40 and 49–55 |
| — | Implementing Regulations of the Saudi Arbitration Law — Bureau of Experts at the Council of Ministers |
| — | Government Tenders and Procurement Law and Implementing Regulations — including Article 92 of the Law and the applicable arbitration conditions in the Implementing Regulations |
| — | Saudi Enforcement Law — particularly Articles 11–14 for foreign judgments and arbitral awards |
| — | 1958 New York Convention — including Saudi Arabia’s reciprocity reservation |
Drafting or Facing an ICC Arbitration Involving Saudi Arabia?
Our arbitration team advises on ICC clauses, Saudi-seated proceedings, and enforcement strategy under the 2026 Rules and Saudi law.
This article is provided for general informational purposes and does not constitute legal advice. Procedural rules, thresholds, and enforcement requirements are subject to change; parties should seek tailored advice from Abdulaziz Bin Ali & Partners before drafting or relying on an ICC arbitration clause.
