ICC arbitration · Governing Rules and actual communication country
When must a claimant nominate after ICC orders three arbitrators?
If the Court determines that three arbitrators are warranted, the claimant must nominate within 15 days after receiving notification of that decision. This is different from a case where the parties already agreed on three arbitrators and nominations belong in the Request and Answer.
- Period
- 15 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of notification that the Court decided on three arbitrators
- Rule
- ICC Arbitration Rules 2026, Article 13(5)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The respondent’s later fifteen-day period begins on notice of the claimant’s nomination, not the Court’s original decision.
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When must a claimant nominate after ICC orders three arbitrators?
If the Court determines that three arbitrators are warranted, the claimant must nominate within 15 days after receiving notification of that decision. This is different from a case where the parties already agreed on three arbitrators and nominations belong in the Request and Answer.
Responsible actor. The claimant in the Court-determined three-arbitrator branch.
Actual receipt of notification that the Court decided on three arbitrators
Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of the period.
The respondent’s later fifteen-day period begins on notice of the claimant’s nomination, not the Court’s original decision.
Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of the period.
ICC Arbitration Rules 2026, Article 13(5)How does this provision count time?
- Identify actual receipt of notification that the Court decided on three arbitrators.
- Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of the period.
- Submit the claimant’s nomination for confirmation and retain the notification of the Court’s three-arbitrator decision.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of notification that the Court decided on three arbitrators. For this 15-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 claimant’s nomination for confirmation and retain the notification of the Court’s three-arbitrator decision. 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, Article 13(5)What do independently checked examples show?
Fictitious example
The claimant in the Court-determined three-arbitrator branch. Actual receipt of notification that the Court decided on three arbitrators is established on October 06, 2026. Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of 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 claimant in the Court-determined three-arbitrator branch. Actual receipt of notification that the Court decided on three arbitrators is established on October 06, 2026. Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of 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 15 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, October 21, 2026. That final day is open under the retained applicable calendar. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | The claimant in the Court-determined three-arbitrator branch. Actual receipt of notification that the Court decided on three arbitrators is established on October 09, 2026. Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of 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 15 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Monday, October 26, 2026. That final day is open under the retained applicable calendar. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The claimant in the Court-determined three-arbitrator branch. Actual receipt of notification that the Court decided on three arbitrators is established on October 27, 2026. Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of 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 28, 2026. Count 15 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
- Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of the period.
- Completion requirement
- Submit the claimant’s nomination for confirmation and retain the notification of the Court’s three-arbitrator decision.
- Establish a Court determination under Article 13(5), rather than an agreed three-member clause under Article 13(4). Check any operative modification of the period.
- The respondent’s later fifteen-day period begins on notice of the claimant’s nomination, not the Court’s original decision.
What must the responsible actor complete?
Questions about this procedure
When must a claimant nominate after ICC orders three arbitrators?
Does every claimant receive fifteen days to nominate?
No. Where the parties agreed on three arbitrators, Article 13(4) places the claimant’s nomination in the Request.
ICC Arbitration Rules 2026, Article 13(4)What is the special fifteen-day event?
It is the claimant’s receipt of notification of the Court’s decision to use three arbitrators.
ICC Arbitration Rules 2026, Article 13(5)Does the respondent’s clock start simultaneously?
No. The respondent’s Article 13(5) period starts on Secretariat notification of the claimant’s nomination.
ICC Arbitration Rules 2026, Article 13(5)What happens if the claimant misses this nomination?
The Court makes the appointment if the party fails to nominate under Article 13(5).
ICC Arbitration Rules 2026, Article 13(5)Does sending a name guarantee confirmation?
No. The nomination remains subject to the confirmation process under Article 14.
ICC Arbitration Rules 2026, Article 14What distinguishes a multiparty nomination?
Article 13(7) separately requires joint nomination by multiple claimants or multiple respondents. Establish the applicable constitution branch first.
ICC Arbitration Rules 2026, Article 13(7)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 13(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 |
| ICC Arbitration Rules 2026, Article 13(4) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 14 | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 13(7) | Check the identified procedure, event, counting rule or qualification |