Irish public works contracts to provide for ICC arbitration

It comes as the Irish government has introduced a series of alternative dispute resolution (ADR) reforms that will see the ICC Rules of Arbitration (ICC Rules) become the default mechanism for resolving disputes on public works contracts valued above €1 million. The change is designed to improve dispute management, support timely project delivery and provide greater certainty on costs and schedules for public infrastructure projects. The changes are being positioned as a significant modernisation of the country’s public procurement and infrastructure delivery framework. 

Lisa Carty, legal expert at Pinsent Masons, said: “While recent attention has focused on Ireland's growing role as a venue for international and cross-border disputes, the adoption of the ICC Rules is likely to increase the use of institutional arbitration in domestic disputes, particularly those arising from major infrastructure and construction projects. This means that ICC-administered arbitrations may become a much more common feature of the Irish dispute resolution landscape.”

Under the new framework, public works contacts greater than €1 million will automatically fall under the ICC rules, unless contracting parties agree to use an expedited domestic arbitration procedure. The policy is a notable endorsement of the ICC’s arbitration system for what are often complex and high-value construction disputes.

According to the Irish government, the reforms are intended to allow disputes to be addressed earlier in the project lifecycle and reduce the risk of costly delays. Under the reforms structured cooperation between project participants will be strongly promoted. Additional measures include the appointment of standing conciliators to chair project boards on major developments as well as retaining fast-track arbitration procedures while also providing mechanisms for more complex cases.

The ICC has welcomed Ireland’s decision, highlighting the broader role arbitration can play not only in international disputes, but also in domestic infrastructure projects. The move signals a shift toward globally recognised dispute resolution standards, with the ICC noting that the decision demonstrates how institutional arbitration can support consistent governance and procedural certainty.

The Irish reforms follow the issuance by the ICC of an updated 2026 version of its rules. The update made a series of codifications and reforms to increase efficiency and flexibility during the arbitration process. They also introduce stronger disclosure frameworks. Among other efficiency-driven changes are the introduction of an ‘ex parte’ preliminary order for emergency arbitrators; and the codification of a preliminary determination mechanism allowing unmeritorious claims to be dismissed at an earlier stage. Greater flexibility is also afforded in the tiing of awards, with the six-month deadline removed.

Aisling Doran, Dublin-based dispute resolution expert at Pinsent Masons, said: “For employers, contractors and project participants involved in major public infrastructure projects, this should provide greater certainty around how disputes will be managed and help ensure that arbitrations are conducted in prompt and structured manner.”