Efficiency, flexibility and digitalisation define the ICC Arbitration Rules 2026, which entered into force on 1 June 2026. The abolition of mandatory Terms of Reference, the introduction of a Highly Expedited Procedure, broader access to the Expedited Procedure and digital communications by default are among the most significant changes introduced by the new Rules.

This blog examines the principal amendments, explores their practical implications for parties and counsel, and concludes with a practical checklist to help you navigate your next ICC arbitration.

Abstract
 

Business disruptions and severe impediments to contractual performance have become a recurring phenomenon in global commerce. Highly intrusive governmental measures during the COVID 19 pandemic, economic sanctions related to the Russia–Ukraine war, restrictions on U.S. exports, and ongoing tariff disputes directly affect international supply chains with respect to the availability, delivery, and pricing of goods and services. Against a backdrop of persistent geopolitical uncertainty, international business actors increasingly seek to mitigate legal and economic risks by including force majeure and hardship clauses in their contracts. The careful and precise drafting of such clauses has therefore become critical.
 

This contribution examines how Swiss law addresses force majeure and hardship and outlines the key legal considerations that practitioners should bear in mind in this context.

In our blog post Arbitrating Trust Disputes in Switzerland of 2019, we reflected on the growing importance and potential of arbitration as a tool for resolving trust disputes in Switzerland. The blog was published at a time when the ICC had recently launched its Clause for Trust Disputes and during contemporaneous legislative developments in Switzerland regarding the revision of the Swiss Private International Law Act (SPILA). At the same time, discussions in the Swiss parliament on the introduction of a Swiss substantive trust legislation were at the very beginning. In this blog, we discuss how the legal landscape in Switzerland has evolved since then.

Bratschi AG recognised in the Chambers Europe Guide 2026 – first-time ranking in two new practice areas 

Lexology Index: Arbitration 2026 is the culmination of months of research by Lexology Index and GAR. Our main Arbitration lawyers' report identifies 2,030 prominent lawyers recommended for their expertise in resolving complex international disputes. In addition, we highlight 568 leading expert witnesses, selected for their excellence across a wide range of matters, and 969 top Future Leaders lawyers aged 45 and under. Through nominations from peers and clients, the arbitrators, tribunal members, chairs, counsel and experts listed have been recognised by their peers and clients as the leading names in the field.

We are pleased to inform you that Bratschi AG has been recognized in the prestigious Chambers Europe 2025 edition.