ICC arbitration · Governing Rules and actual communication country
When must an arbitrator or party comment on an ICC challenge?
The Secretariat fixes this comment period. It is not the challenging party’s 30-day admissibility period. Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives.
- Period
- The Secretariat fixes this comment period. It is not the challenging party’s 30-day admissibility period.
- Trigger
- The Secretariat invites written comments on an actual challenge and fixes the response period.
- Rule
- ICC Arbitration Rules 2026, Article 15(3)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
Source guide · No automated date
Check the applicable procedure
The Secretariat fixes this comment period. It is not the challenging party’s 30-day admissibility period. Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives. The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
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When must an arbitrator or party comment on an ICC challenge?
The Secretariat fixes this comment period. It is not the challenging party’s 30-day admissibility period. Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives.
Responsible actor. The challenged arbitrator, other parties and other tribunal members invited to comment.
The Secretariat invites written comments on an actual challenge and fixes the response period.
Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives.
The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
After a challenge is submitted, Article 15(3) requires an opportunity for the arbitrator, other parties and tribunal members to comment. Their invitation and fixed period are different from the challenging party’s thirty-day admissibility clock.
ICC Arbitration Rules 2026, Article 15(3)How does this provision count time?
- Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives.
- Locate and retain challenge papers and secretariat written-comment invitation.
- Check any later operative variation before relying on an earlier direction.
- The Court decides admissibility and, if necessary, merits after the opportunity for comments. The comments are communicated to parties and arbitrators.
The Secretariat affords the arbitrator, other parties and tribunal members a written comments opportunity under Article 15(3). Use its fixed invitation period. The challenger’s thirty-day admissibility period does not set these recipients’ response time.
Different challenge-comment recipients may receive different invitations. Establish the operative direction, receipt and country for the person responding. A common arbitration seat does not prove one shared recipient calendar or one shared expiry.
ICC Arbitration Rules 2026, Article 15(3)Which facts prevent one automatic date?
The Secretariat fixes this comment period. It is not the challenging party’s 30-day admissibility period. Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives. The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
An arbitrator receives the Secretariat’s invitation to answer a challenge. After a challenge is submitted, Article 15(3) requires an opportunity for the arbitrator, other parties and tribunal members to comment. Their invitation and fixed period are different from the challenging party’s thirty-day admissibility clock. Use the actual comments period. The challenger’s Article 15(2) period cannot be reused for this response.
Different recipients receive challenge invitations on different days. After a challenge is submitted, Article 15(3) requires an opportunity for the arbitrator, other parties and tribunal members to comment. Their invitation and fixed period are different from the challenging party’s thirty-day admissibility clock. Preserve each invitation and receipt. Establish the relevant country and whether the direction supplies one fixed expiry or recipient-specific periods.
The Court has not decided the challenge when the original comments period expires. After a challenge is submitted, Article 15(3) requires an opportunity for the arbitrator, other parties and tribunal members to comment. Their invitation and fixed period are different from the challenging party’s thirty-day admissibility clock. Do not infer an extension or a successful challenge. Check any further invitation and the Court’s actual decision.
Which conditions and exceptions apply?
- Actual operative procedure
- Identify the actual challenge and recipient-specific comment invitation. Respond within the period the Secretariat gives.
- Separate procedural clock
- The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
- After a challenge is submitted, Article 15(3) requires an opportunity for the arbitrator, other parties and tribunal members to comment. Their invitation and fixed period are different from the challenging party’s thirty-day admissibility clock.
- The deadline to initiate an Article 15(2) challenge differs from the Article 15(3) deadline to comment on one.
What must the responsible actor complete?
Questions about this procedure
When must an arbitrator or party comment on an ICC challenge?
Do challenge comments use the same 30 days as filing a challenge?
No. Article 15(3) uses the period fixed by the Secretariat for comments.
ICC Arbitration Rules 2026, Article 15(3)Who can receive an invitation to comment?
The arbitrator concerned, the other party or parties and other tribunal members receive the opportunity identified in Article 15(3).
ICC Arbitration Rules 2026, Article 15(3)Who decides the challenge?
The Court decides admissibility and, where necessary, merits.
ICC Arbitration Rules 2026, Article 15(3)Will the comments remain only with the Secretariat?
Article 15(3) states that the comments are communicated to the parties and arbitrators.
ICC Arbitration Rules 2026, Article 15(3)Can I calculate the comments deadline from the appointment date?
No. The comment deadline comes from the actual Secretariat direction concerning the challenge.
ICC Arbitration Rules 2026, Article 15(3)What should I retain with my response?
Retain the challenge, the actual invitation, the fixed period, any modification and evidence that your comments were submitted.
ICC Arbitration Rules 2026, Article 15(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 15(3) | 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 |