ICC arbitration · Governing Rules and actual communication country
When must a respondent nominate after the claimant’s nomination?
The respondent must nominate within 15 days after receiving the Secretariat’s notification of the claimant’s nomination where the Court determined that three arbitrators are warranted. Receipt of the Court’s earlier decision does not itself start this respondent period.
- Period
- 15 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the Secretariat’s notification of the claimant’s nomination
- 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. Although both nomination periods are fifteen days, the claimant and respondent have different operative notifications.
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When must a respondent nominate after the claimant’s nomination?
The respondent must nominate within 15 days after receiving the Secretariat’s notification of the claimant’s nomination where the Court determined that three arbitrators are warranted. Receipt of the Court’s earlier decision does not itself start this respondent period.
Responsible actor. The respondent in the Court-determined three-arbitrator branch.
Actual receipt of the Secretariat’s notification of the claimant’s nomination
Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead.
Although both nomination periods are fifteen days, the claimant and respondent have different operative notifications.
Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead.
ICC Arbitration Rules 2026, Article 13(5)How does this provision count time?
- Identify actual receipt of the Secretariat’s notification of the claimant’s nomination.
- Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead.
- Submit the respondent’s nomination for confirmation. Preserve the Secretariat communication identifying the claimant’s nomination and its effective receipt.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the Secretariat’s notification of the claimant’s nomination. 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 respondent’s nomination for confirmation. Preserve the Secretariat communication identifying the claimant’s nomination and its effective receipt. 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 respondent in the Court-determined three-arbitrator branch. Actual receipt of the Secretariat’s notification of the claimant’s nomination is established on October 06, 2026. Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead. 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 respondent in the Court-determined three-arbitrator branch. Actual receipt of the Secretariat’s notification of the claimant’s nomination is established on October 06, 2026. Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead. 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 respondent in the Court-determined three-arbitrator branch. Actual receipt of the Secretariat’s notification of the claimant’s nomination is established on October 09, 2026. Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead. 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 respondent in the Court-determined three-arbitrator branch. Actual receipt of the Secretariat’s notification of the claimant’s nomination is established on October 27, 2026. Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead. 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
- Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead.
- Completion requirement
- Submit the respondent’s nomination for confirmation. Preserve the Secretariat communication identifying the claimant’s nomination and its effective receipt.
- Confirm the Court-determined three-arbitrator branch. If the parties agreed on three arbitrators, the respondent ordinarily nominates in its Answer instead.
- Although both nomination periods are fifteen days, the claimant and respondent have different operative notifications.
What must the responsible actor complete?
Questions about this procedure
When must a respondent nominate after the claimant’s nomination?
Does the Court’s three-arbitrator decision start the respondent clock?
No. Article 13(5) uses receipt of the Secretariat’s notification of the nomination made by the claimant.
ICC Arbitration Rules 2026, Article 13(5)What if the parties already agreed on three arbitrators?
Article 13(4) requires the respondent to nominate in the Answer. That is a different branch.
ICC Arbitration Rules 2026, Article 13(4)Can the claimant’s informal announcement replace Secretariat notice?
The specified event is notification from the Secretariat. Verify that communication and Article 3(5) receipt.
ICC Arbitration Rules 2026, Articles 3(5) and 13(5)What follows a failure to nominate?
The Court makes the appointment if the respondent does not nominate within the applicable period.
ICC Arbitration Rules 2026, Article 13(5)Do multiple respondents nominate separately?
Article 13(7) addresses joint nomination by multiple respondents. Do not infer separate nominations from the singular respondent label.
ICC Arbitration Rules 2026, Article 13(7)Does the fifteen-day period count only working days?
No. Article 4 governs commencement and expiry while counting intermediate weekends and official holidays.
ICC Arbitration Rules 2026, Article 4Official sources and review
Provisions used (6)
| 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, Articles 3(5) and 13(5) | 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 |
| ICC Arbitration Rules 2026, Article 4 | Check the identified procedure, event, counting rule or qualification |