ICC arbitration · Governing Rules and actual communication country
How long is an ICC emergency arbitrator challenge period?
An emergency-arbitrator challenge must be submitted within 3 days after appointment notification, or after the party was informed of the challenge facts if that event came later. Establish both dates. The ordinary thirty-day arbitrator challenge does not apply to this emergency procedure.
- Period
- 3 calendar days under the established ordinary branch.
- Trigger
- The later appointment-notification receipt or informed-facts event
- Rule
- ICC Arbitration Rules 2026, Appendix IV Article 3(1)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This three-day admissibility period concerns the emergency arbitrator. It does not govern comments on the challenge, which are given a suitable period.
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How long is an ICC emergency arbitrator challenge period?
An emergency-arbitrator challenge must be submitted within 3 days after appointment notification, or after the party was informed of the challenge facts if that event came later. Establish both dates. The ordinary thirty-day arbitrator challenge does not apply to this emergency procedure.
Responsible actor. The party challenging the emergency arbitrator.
The later appointment-notification receipt or informed-facts event
The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs separate qualification.
This three-day admissibility period concerns the emergency arbitrator. It does not govern comments on the challenge, which are given a suitable period.
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, Appendix IV Article 3(1)How does this provision count time?
- Identify the later appointment-notification receipt or informed-facts event.
- The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs separate qualification.
- Submit the challenge through the Secretariat with the actual supporting facts. Retain notification receipt and the later information, if relied on.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The later appointment-notification receipt or informed-facts event. For this 3-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 challenge through the Secretariat with the actual supporting facts. Retain notification receipt and the later information, if relied on. 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 IV Article 3(1)What do independently checked examples show?
Fictitious example
The party challenging the emergency arbitrator. The later appointment-notification receipt or informed-facts event is established on October 06, 2026. The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs 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 emergency arbitrator. The later appointment-notification receipt or informed-facts event is established on October 06, 2026. The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs 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 3 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Friday, October 9, 2026. That final day is open under the retained applicable calendar. | Friday, October 9, 2026 |
| Example 2. Closed-day boundary | The party challenging the emergency arbitrator. The later appointment-notification receipt or informed-facts event is established on October 09, 2026. The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs 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 3 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, October 14, 2026. That final day is open under the retained applicable calendar. | Wednesday, October 14, 2026 |
| Example 3. Material procedural branch | The party challenging the emergency arbitrator. The later appointment-notification receipt or informed-facts event is established on November 08, 2026. The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs 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 Tuesday, November 3, 2026 and the party was informed of the grounds on Sunday, November 8, 2026. Both events used the same established France calendar. Start on Monday, November 9, 2026. Count 3 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
- The worked example establishes both relevant events in the same metropolitan-France communication calendar. A different discovery method or communication country needs separate qualification.
- Completion requirement
- Submit the challenge through the Secretariat with the actual supporting facts. Retain notification receipt and the later information, if relied on.
- 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 three-day admissibility period concerns the emergency arbitrator. It does not govern comments on the challenge, which are given a suitable period.
What must the responsible actor complete?
Questions about this procedure
How long is an ICC emergency arbitrator challenge period?
Is the emergency challenge period thirty days?
No. Appendix IV Article 3(1) provides three days for the emergency arbitrator.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Can later-discovered facts change the start?
Yes. The later informed-facts event is used where it follows receipt of appointment notification.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Can earlier knowledge shorten notification-based time?
No. Article 3(1) specifies the informed-facts alternative only if that date is after notification receipt.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Who decides the emergency challenge?
The Court decides after the Secretariat provides the emergency arbitrator and other parties an opportunity to comment.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Are comments also automatically due in three days?
No. Article 3(2) provides a suitable comments period rather than the challenger’s three-day clock.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Does the emergency seat alone identify the holiday calendar?
No. The Rules’ time computation refers to the country where communication is deemed made, which must be established from the actual facts.
ICC Arbitration Rules 2026, Appendix IV Article 3(1)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix IV Article 3(1) | 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 |