ICC arbitration · Governing Rules and actual communication country
When is the HEAP Answer and Statement of Defence due?
The HEAP respondent must submit its Answer and Statement of Defence, including any Statement of Counterclaim, within 30 days after receiving the Request and Statement of Claim. The twenty-day preliminary-information deadline does not replace this filing. Extensions require party agreement.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the Request and Statement of Claim from the Secretariat
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. A standard Answer does not necessarily contain the HEAP statement of defence and evidence. HEAP combines those pleading functions at this stage.
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When is the HEAP Answer and Statement of Defence due?
The HEAP respondent must submit its Answer and Statement of Defence, including any Statement of Counterclaim, within 30 days after receiving the Request and Statement of Claim. The twenty-day preliminary-information deadline does not replace this filing. Extensions require party agreement.
Responsible actor. The HEAP respondent defending the claims and asserting any counterclaim.
Actual receipt of the Request and Statement of Claim from the Secretariat
Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period.
A standard Answer does not necessarily contain the HEAP statement of defence and evidence. HEAP combines those pleading functions at this stage.
Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)How does this provision count time?
- Identify actual receipt of the Request and Statement of Claim from the Secretariat.
- Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period.
- Submit the pleaded facts, legal grounds, response to relief and any counterclaim relief. Include supporting evidence to the extent possible under Article 2(6).
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the Request and Statement of Claim from the Secretariat. For this 30-day period, establish the legally effective event before applying the time-limit rules. Article 4(1) excludes the event day, starts on the next business day if necessary, includes intermediate nonbusiness days and carries a closed final day to the next business day.
Submit the pleaded facts, legal grounds, response to relief and any counterclaim relief. Include supporting evidence to the extent possible under Article 2(6). The calculation calendar is metropolitan France excluding Alsace-Moselle, with retained official 2026 holidays and Saturday/Sunday closures. Establish the country where the relevant communication is deemed made. The arbitral seat is insufficient; a different country, local calendar, disputed event or out-of-coverage result is outside this calculation.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)What do independently checked examples show?
Fictitious example
The HEAP respondent defending the claims and asserting any counterclaim. Actual receipt of the Request and Statement of Claim from the Secretariat is established on October 06, 2026. Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The HEAP respondent defending the claims and asserting any counterclaim. Actual receipt of the Request and Statement of Claim from the Secretariat is established on October 06, 2026. Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Wednesday, October 7, 2026. Count 30 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Thursday, November 5, 2026. That final day is open under the retained applicable calendar. | Thursday, November 5, 2026 |
| Example 2. Closed-day boundary | The HEAP respondent defending the claims and asserting any counterclaim. Actual receipt of the Request and Statement of Claim from the Secretariat is established on October 09, 2026. Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Monday, October 12, 2026. Count 30 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Tuesday, November 10, 2026. That final day is open under the retained applicable calendar. | Tuesday, November 10, 2026 |
| Example 3. Material procedural branch | The HEAP respondent defending the claims and asserting any counterclaim. Actual receipt of the Request and Statement of Claim from the Secretariat is established on October 12, 2026. Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Tuesday, October 13, 2026. Count 30 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, November 11, 2026. Article 4(1) carries that closed final day to Thursday, November 12, 2026. | Thursday, November 12, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established ordinary branch
- Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period.
- Completion requirement
- Submit the pleaded facts, legal grounds, response to relief and any counterclaim relief. Include supporting evidence to the extent possible under Article 2(6).
- Confirm that HEAP remains applicable, the complete Request and Statement of Claim was communicated by the Secretariat, and no agreed extension alters the period.
- A standard Answer does not necessarily contain the HEAP statement of defence and evidence. HEAP combines those pleading functions at this stage.
What must the responsible actor complete?
Questions about this procedure
When is the HEAP Answer and Statement of Defence due?
Must a HEAP Answer contain a statement of defence?
Yes. Article 2(5) requires the Answer and Statement of Defence, with facts and legal grounds supporting the defence.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)Where do HEAP counterclaims belong?
Any Statement of Counterclaim accompanies this filing under Article 2(5).
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)Is all supporting evidence optional indefinitely?
Article 2(6) requires accompanying evidence to the extent possible. Read the actual procedural directions for later evidence.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)Does preliminary information satisfy this filing?
No. The twenty-day Article 2(4) information and thirty-day Article 2(5) pleading are separate obligations.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)What extension condition applies?
Article 2(8) prohibits extension of Article 2 periods unless the parties agree.
ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8)Does failure to answer automatically stop the arbitration?
Article 2(9) states that the arbitration proceeds despite failure to submit an Answer and Statement of Defence.
ICC Arbitration Rules 2026, Appendix VI Article 2(9)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 2(5), (6) and (8) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Articles 1(2), 3(5) and 4 | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Appendix VI Article 2(9) | Check the identified procedure, event, counting rule or qualification |