ICC arbitration · Governing Rules and actual communication country
Which informed-facts date controls an ICC arbitrator challenge?
Later awareness can supply the thirty-day ICC challenge period when the party was informed of the relevant facts after appointment notification. Earlier awareness does not shorten the separate appointment-notification period. Establish both actual events and the grounds relied on.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- The later established appointment-notification receipt or date the party was informed of challenge facts
- Rule
- ICC Arbitration Rules 2026, Article 15(1)–(3)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This page explains later-informed facts. It does not create a new challenge period from each repetition of facts already known.
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Which informed-facts date controls an ICC arbitrator challenge?
Later awareness can supply the thirty-day ICC challenge period when the party was informed of the relevant facts after appointment notification. Earlier awareness does not shorten the separate appointment-notification period. Establish both actual events and the grounds relied on.
Responsible actor. The party challenging the arbitrator.
The later established appointment-notification receipt or date the party was informed of challenge facts
Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification.
This page explains later-informed facts. It does not create a new challenge period from each repetition of facts already known.
Establish both appointment-notification receipt and the date you were informed of the grounds. Use the later established event. Both communications must use the same established country and calendar for this calculation.
ICC Arbitration Rules 2026, Article 15(1)–(3)How does this provision count time?
- Identify the later established appointment-notification receipt or date the party was informed of challenge facts.
- Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification.
- Submit the written challenge to the Secretariat and specify the facts and circumstances supporting the alleged lack of impartiality, independence or other ground.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The informed-facts limb controls only where its established date is later than appointment notification. Article 15(2) then allows thirty days. Apply Article 4 commencement and expiry to the established communication country; do not reset a period merely because the party chose to reassess known facts.
A later grounds communication may occur in a different country from appointment notification. Do not reuse the seat’s calendar or assume the first recipient country still controls. This calculation requires both actual events in the same established metropolitan-France calendar for 2026.
ICC Arbitration Rules 2026, Article 15(1)–(3)What do independently checked examples show?
Fictitious example
The party challenging the arbitrator. The later established appointment-notification receipt or date the party was informed of challenge facts is established on October 06, 2026. Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Appointment notification was received on Thursday, October 1, 2026 and the party was informed of the grounds on Tuesday, October 6, 2026. Both events used the same established France calendar.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The party challenging the arbitrator. The later established appointment-notification receipt or date the party was informed of challenge facts is established on October 06, 2026. Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Appointment notification was received on Thursday, October 1, 2026 and the party was informed of the grounds on Tuesday, October 6, 2026. Both events used the same established France calendar. 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 party challenging the arbitrator. The later established appointment-notification receipt or date the party was informed of challenge facts is established on October 09, 2026. Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Appointment notification was received on Sunday, October 4, 2026 and the party was informed of the grounds on Friday, October 9, 2026. Both events used the same established France calendar. 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 party challenging the arbitrator. The later established appointment-notification receipt or date the party was informed of challenge facts is established on October 12, 2026. Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Appointment notification was received on Wednesday, October 7, 2026 and the party was informed of the grounds on Monday, October 12, 2026. Both events used the same established France calendar. 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
- Both event dates and their effective communication country must be established. The worked example assumes both occurred in the same metropolitan-France calendar; noncommunicated discovery or a changed country requires separate qualification.
- Completion requirement
- Submit the written challenge to the Secretariat and specify the facts and circumstances supporting the alleged lack of impartiality, independence or other ground.
- Establish both appointment-notification receipt and the date you were informed of the grounds. Use the later established event. Both communications must use the same established country and calendar for this calculation.
- This page explains later-informed facts. It does not create a new challenge period from each repetition of facts already known.
What must the responsible actor complete?
Questions about this procedure
Which informed-facts date controls an ICC arbitrator challenge?
Can facts known before appointment shorten the challenge period?
No. Article 15(2) preserves the later of the appointment-notification and informed-facts periods.
ICC Arbitration Rules 2026, Article 15(1)–(3)Does discovering a fact mean proving the challenge succeeds?
No. The submission period and the Court’s decision on admissibility and merits are separate issues.
ICC Arbitration Rules 2026, Article 15(1)–(3)Can repeating an old allegation create a fresh thirty days?
The rule uses when the party was informed of the facts and circumstances. Repetition alone does not establish new information.
ICC Arbitration Rules 2026, Article 15(1)–(3)What evidence supports the informed date?
Retain the actual disclosure or other information and evidence of when the party received it. An assumed drafting date is insufficient.
ICC Arbitration Rules 2026, Article 15(1)–(3)Do both alternative events use the arbitration seat’s holidays?
Article 4 refers to the country where communication is deemed made. A seat does not establish that country for either event.
ICC Arbitration Rules 2026, Article 15(1)–(3)Does a HEAP sole-arbitrator challenge use thirty days?
No. Appendix VI Article 5 supplies a seven-day challenge period in HEAP, with the same need to establish both relevant events.
ICC Arbitration Rules 2026, Article 15(1)–(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 15(1)–(3) | 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 |