The ICC's 2026 Rules Just Made Funder Disclosure Mandatory — Here's What Changed

The ICC's 2026 Arbitration Rules entered into force on 1 June 2026, and one change is already reshaping how funded claims get run: Article 12(6) now requires every party to promptly disclose to the Secretariat, the arbitral tribunal, and the other parties "the existence and identity of any non-party that has entered into an arrangement for the funding of claims or defences and under which it has an economic interest in the outcome of the arbitration." It sits alongside Article 12(5), which already required parties to list persons and entities that prospective arbitrators should consider for conflicts purposes — together, the two provisions make funder disclosure a standing, proactive obligation rather than something that only surfaces if challenged.

For claimants relying on third-party funding, and for the funders themselves, this changes the calculus on when and how a funding relationship gets structured. Undisclosed or late-disclosed funding arrangements now carry a real procedural risk: an arbitrator whose own conflicts weren't checked against the funder's identity is an arbitrator whose award is exposed to challenge. And because disclosure obligations vary sharply by jurisdiction — some regulate funder returns, others require specific confidentiality carve-outs, others say almost nothing — getting this right under one institution's rules doesn't mean getting it right everywhere the award might need to be enforced.

The Handbook on Third-Party Funding in International Arbitration, 2nd ed (Juris Publishing), edited by Nikolaus Pitkowitz with 82 contributing authors, is built for exactly this problem. Produced jointly by the ABA Section of International Law, the International Council for Commercial Arbitration (ICCA), and the Centre on Regulation, Ethics and Rule of Law at Queen Mary University of London, it covers the TPF landscape from both the funded party's and the funder's perspective, with 40 country-specific reports on regulation, disclosure, and cost allocation — including England & Wales, Singapore, Switzerland, Germany, Brazil, and multiple US states.

With ICC-administered arbitrations now subject to a standing funder-disclosure duty, this handbook is the reference for getting the disclosure right the first time, and for understanding how that disclosure will be read once the case crosses into another jurisdiction for enforcement.

It sits within our Law collection, alongside other current titles on international arbitration.

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Q&A

What does Article 12(6) of the 2026 ICC Arbitration Rules actually require? It requires each party to promptly inform the Secretariat, the arbitral tribunal, and the other parties of the existence and identity of any non-party that has entered into an arrangement to fund claims or defences and holds an economic interest in the outcome.

Why does third-party funding disclosure matter for arbitrator conflicts? Arbitrators must disclose any facts that could raise doubts about their independence or impartiality; without knowing a funder's identity, they cannot check for a relationship to that funder, which is exactly what Article 12(6) is designed to prevent.

Does this handbook cover funder disclosure rules outside the ICC? Yes — its 40 country-specific reports cover TPF regulation, disclosure, and cost allocation across jurisdictions worldwide, not just under ICC rules.

Does the book address the funder's perspective, or only counsel's? Both — Part II covers the perspectives of claimants, respondents, and counsel, while Part III is dedicated entirely to the funder's perspective.

Where can I buy the Handbook on Third-Party Funding in International Arbitration, 2nd ed? You can order it directly from CLNZ Books, with secure worldwide shipping.