ICC arbitration · Governing Rules and actual communication country
When are HEAP comments on a post-award application due?
The actual tribunal direction controls. The comments period normally does not exceed 14 days. Confirm HEAP still applies, identify the application and read the actual comment direction before counting.
- Period
- The actual tribunal direction controls. The comments period normally does not exceed 14 days.
- Trigger
- The tribunal grants time for comments on a correction, interpretation or additional-award application.
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 7(5)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
Source guide · No automated date
Check the applicable procedure
The actual tribunal direction controls. The comments period normally does not exceed 14 days. Confirm HEAP still applies, identify the application and read the actual comment direction before counting. HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
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When are HEAP comments on a post-award application due?
The actual tribunal direction controls. The comments period normally does not exceed 14 days. Confirm HEAP still applies, identify the application and read the actual comment direction before counting.
Responsible actor. The other party or parties invited to comment in HEAP.
The tribunal grants time for comments on a correction, interpretation or additional-award application.
Confirm HEAP still applies, identify the application and read the actual comment direction before counting.
HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
The HEAP tribunal grants comments on a correction, interpretation or additional-award application. Appendix VI Article 7(5) normally limits the period to fourteen days but leaves the actual period to the tribunal. Its expiry then feeds a separate draft-decision clock.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)How does this provision count time?
- Confirm HEAP still applies, identify the application and read the actual comment direction before counting.
- Locate and retain heap applicability, application receipt, tribunal comment direction and modifications.
- Check any later operative variation before relying on an earlier direction.
- A separate ordinary seven-day period governs submitting the tribunal’s draft decision after the comments period expires, subject to the Secretary General’s different period.
Appendix VI Article 7(5) ordinarily limits the tribunal-fixed comments allowance to fourteen days. The actual directed allowance may be shorter. The ensuing seven-day tribunal draft period starts at actual comments expiry, subject to Secretary General variation.
HEAP comments retain Article 4’s recipient-country method for actual fixed day periods. The fourteen-day normal ceiling does not supply commencement or expiry by itself. Preserve both the invitation and each relevant receipt before selecting a calendar.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Which facts prevent one automatic date?
The actual tribunal direction controls. The comments period normally does not exceed 14 days. Confirm HEAP still applies, identify the application and read the actual comment direction before counting. HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
The HEAP tribunal invites comments within five days after receipt. The HEAP tribunal grants comments on a correction, interpretation or additional-award application. Appendix VI Article 7(5) normally limits the period to fourteen days but leaves the actual period to the tribunal. Its expiry then feeds a separate draft-decision clock. Use the actual five-day period. The normal fourteen-day ceiling is not an entitlement to fourteen days in every case.
A commenting party receives the application before a holiday. The HEAP tribunal grants comments on a correction, interpretation or additional-award application. Appendix VI Article 7(5) normally limits the period to fourteen days but leaves the actual period to the tribunal. Its expiry then feeds a separate draft-decision clock. Establish that party’s deemed-communication country and the operative direction. HEAP does not convert Article 4 into working-day counting.
The Secretary General fixes another draft-decision period after comments. The HEAP tribunal grants comments on a correction, interpretation or additional-award application. Appendix VI Article 7(5) normally limits the period to fourteen days but leaves the actual period to the tribunal. Its expiry then feeds a separate draft-decision clock. Retain that separate direction. It changes the tribunal’s draft submission period, not automatically the party’s comments allowance.
Which conditions and exceptions apply?
- Actual operative procedure
- Confirm HEAP still applies, identify the application and read the actual comment direction before counting.
- Separate procedural clock
- HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
- The HEAP tribunal grants comments on a correction, interpretation or additional-award application. Appendix VI Article 7(5) normally limits the period to fourteen days but leaves the actual period to the tribunal. Its expiry then feeds a separate draft-decision clock.
- HEAP’s 14-day ordinary comments ceiling is separate from the party’s 14-day application period under Appendix VI Article 7(4).
What must the responsible actor complete?
Questions about this procedure
When are HEAP comments on a post-award application due?
Are HEAP comments always due in 14 days?
No. Appendix VI Article 7(5) describes an ordinary ceiling. The tribunal grants the actual period.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Is this the same as applying to correct the award?
No. Article 7(4) governs a party’s application. Article 7(5) governs comments and the tribunal’s later draft decision.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Does the standard 30-day comments ceiling apply instead?
Not where the HEAP-specific Article 7(5) provision applies. Its ordinary comments ceiling is 14 days.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Does the tribunal’s seven-day decision period start on my receipt?
No. That separate period starts from expiry of the time allowed for comments, subject to another period decided by the Secretary General.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Can HEAP stop applying before this stage?
Appendix VI Article 1 permits the parties or Court to end HEAP’s application in the circumstances specified. Review the actual operative procedure.
ICC Arbitration Rules 2026, Appendix VI Article 1Which documents identify the comments deadline?
Use the actual tribunal direction, relevant receipt evidence, current HEAP status and any effective modification.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 7(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, Appendix VI Article 1 | Check the identified procedure, event, counting rule or qualification |