ICC arbitration · Governing Rules and actual communication country
When must a party challenge the HEAP sole arbitrator?
A HEAP sole-arbitrator challenge must be submitted within 7 days after appointment or confirmation notification, or within 7 days after the party was informed of the challenge facts, whichever is later. Establish both actual dates. The standard thirty-day period and emergency three-day period are distinct.
- Period
- 7 calendar days under the established ordinary branch.
- Trigger
- The later appointment-notification receipt or informed-facts date
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 5
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The abbreviated HEAP period changes admissibility timing without converting the challenge into an objection to a mere nomination.
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When must a party challenge the HEAP sole arbitrator?
A HEAP sole-arbitrator challenge must be submitted within 7 days after appointment or confirmation notification, or within 7 days after the party was informed of the challenge facts, whichever is later. Establish both actual dates. The standard thirty-day period and emergency three-day period are distinct.
Responsible actor. The HEAP party challenging its sole arbitrator.
The later appointment-notification receipt or informed-facts date
Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs.
The abbreviated HEAP period changes admissibility timing without converting the challenge into an objection to a mere nomination.
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 VI Article 5How does this provision count time?
- Identify the later appointment-notification receipt or informed-facts date.
- Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs.
- Submit the challenge to the Secretariat in writing and specify the facts and circumstances supporting it, applying the Rules except where HEAP modifies them.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The later appointment-notification receipt or informed-facts date. For this 7-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 to the Secretariat in writing and specify the facts and circumstances supporting it, applying the Rules except where HEAP modifies them. 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 5What do independently checked examples show?
Fictitious example
The HEAP party challenging its sole arbitrator. The later appointment-notification receipt or informed-facts date is established on October 06, 2026. Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs. 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 HEAP party challenging its sole arbitrator. The later appointment-notification receipt or informed-facts date is established on October 06, 2026. Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs. 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 7 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Tuesday, October 13, 2026. That final day is open under the retained applicable calendar. | Tuesday, October 13, 2026 |
| Example 2. Closed-day boundary | The HEAP party challenging its sole arbitrator. The later appointment-notification receipt or informed-facts date is established on October 09, 2026. Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs. 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 7 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Sunday, October 18, 2026. Article 4(1) carries that closed final day to Monday, October 19, 2026. | Monday, October 19, 2026 |
| Example 3. Material procedural branch | The HEAP party challenging its sole arbitrator. The later appointment-notification receipt or informed-facts date is established on November 04, 2026. Confirm HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs. 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 Friday, October 30, 2026 and the party was informed of the grounds on Wednesday, November 4, 2026. Both events used the same established France calendar. Start on Thursday, November 5, 2026. Count 7 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 HEAP still governs and establish both event dates and the relevant communication country. The candidate assumes the same established metropolitan-France calendar for both limbs.
- Completion requirement
- Submit the challenge to the Secretariat in writing and specify the facts and circumstances supporting it, applying the Rules except where HEAP modifies them.
- 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.
- The abbreviated HEAP period changes admissibility timing without converting the challenge into an objection to a mere nomination.
What must the responsible actor complete?
Questions about this procedure
When must a party challenge the HEAP sole arbitrator?
Is a HEAP challenge due in thirty days?
No. Appendix VI Article 5 substitutes seven days for the relevant HEAP challenge.
ICC Arbitration Rules 2026, Appendix VI Article 5Can later information supply a later period?
Yes. The rule expressly preserves the later of notification-based and informed-facts periods.
ICC Arbitration Rules 2026, Appendix VI Article 5Does earlier knowledge remove the notification limb?
No. Both limbs must be established before applying the later-period requirement.
ICC Arbitration Rules 2026, Appendix VI Article 5Is a proposed nominee already appointed for this clock?
The rule refers to notification of appointment or confirmation, rather than an informal proposal.
ICC Arbitration Rules 2026, Appendix VI Article 5What if HEAP has ceased to apply?
Review the actual transition under Appendix VI Article 1 and the applicable procedure before selecting a challenge period.
ICC Arbitration Rules 2026, Appendix VI Article 5Is the emergency-arbitrator challenge also seven days?
No. Appendix IV Article 3(1) uses three days for the separate emergency arbitrator.
ICC Arbitration Rules 2026, Appendix VI Article 5Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 5 | 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 |