ICC arbitration · Governing Rules and actual communication country
When does an ICC arbitration commence?
The ICC arbitration commences on the date the Secretariat receives the Request under Article 5(2). This identifies an actual event. It is not a period counted from drafting, payment or notification to the respondent.
- Period
- Actual event, operative direction or qualified target. No universal fixed expiry.
- Trigger
- The Secretariat actually receives the Request for Arbitration
- Rule
- ICC Arbitration Rules 2026, Article 5(1) and (2)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
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The ICC arbitration commences on the date the Secretariat receives the Request under Article 5(2). This identifies an actual event. It is not a period counted from drafting, payment or notification to the respondent. Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
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When does an ICC arbitration commence?
The ICC arbitration commences on the date the Secretariat receives the Request under Article 5(2). This identifies an actual event. It is not a period counted from drafting, payment or notification to the respondent.
Responsible actor. The claimant submitting the Request and the Secretariat receiving it.
The Secretariat actually receives the Request for Arbitration
Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event.
ICC Arbitration Rules 2026, Article 5(1) and (2)How does this provision count time?
- Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event.
- Submit the Request to the Secretariat and retain its acknowledgment identifying the date received. Fee cure or respondent transmission does not silently replace that commencement record.
- Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
Use the date of actual Secretariat receipt. There is no additional day allowance to count under Article 5(2). Article 5(5) separately makes respondent transmission follow payment of the required filing fee.
A Request actually received on a weekend has an actual receipt date. Do not move commencement to Monday merely by treating the event as an Article 4 deadline. A disputed or incomplete receipt record requires factual review.
ICC Arbitration Rules 2026, Article 5(1) and (2)Which facts prevent one automatic date?
The ICC arbitration commences on the date the Secretariat receives the Request under Article 5(2). This identifies an actual event. It is not a period counted from drafting, payment or notification to the respondent. Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
The Secretariat acknowledges receipt of a Request on October 6, 2026. Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event. The acknowledged actual receipt identifies commencement. No future deadline is computed.
The Secretariat confirms that a Request was actually received on a Saturday. Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event. Record the established Saturday receipt. Do not add a Monday commencement rule that Article 5(2) does not contain.
The Request was received before June 1, 2026 but notified to the respondent after that date. Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event. Check the edition from actual commencement and any agreement on an earlier edition. Later respondent notification does not redefine commencement.
Which conditions and exceptions apply?
- Operative procedural event
- Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event.
- Article 5(2) records Secretariat receipt as commencement for all purposes. The claimant needs the Secretariat’s receipt notification and the actual submitted Request. A future transmission estimate cannot establish this historical event.
- Commencement may establish the applicable edition under Article 1(2). It does not itself calculate the respondent’s later receipt-based Answer period.
What must the responsible actor complete?
Questions about this procedure
When does an ICC arbitration commence?
Is the drafting date commencement?
No. Article 5(2) uses the Secretariat’s actual receipt, not the claimant’s drafting date.
ICC Arbitration Rules 2026, Article 5(1) and (2)Does payment alone establish commencement?
No. Preserve receipt of the Request. Article 5(4) and (5) separately address the fee and transmission to the respondent.
ICC Arbitration Rules 2026, Article 5(1) and (2)Does receipt by the respondent establish commencement?
No. Respondent receipt starts particular response periods. Secretariat receipt is the Article 5(2) commencement event.
ICC Arbitration Rules 2026, Article 5(1) and (2)Does a weekend automatically move the commencement date?
No. This is an actual receipt event, not an allowance expiring on a nonbusiness day. Establish the actual Secretariat record.
ICC Arbitration Rules 2026, Article 5(1) and (2)Why does commencement matter for the edition?
Article 1(2) applies the 2026 Rules to arbitrations commenced on or after June 1, 2026, unless the parties agreed an earlier edition.
ICC Arbitration Rules 2026, Article 5(1) and (2)Which evidence should the claimant preserve?
Keep the submitted Request, transmission evidence and the Secretariat’s Article 5(1) notification identifying receipt and its date.
ICC Arbitration Rules 2026, Article 5(1) and (2)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 5(1) and (2) | 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 |