ICC arbitration · Governing Rules and actual communication country
When are comments on an ICC post-award application due?
The tribunal grants a short period, normally no more than 30 days from that party’s receipt. The actual direction controls. Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period.
- Period
- The tribunal grants a short period, normally no more than 30 days from that party’s receipt. The actual direction controls.
- Trigger
- An application under Article 39(2) or 39(3) is transmitted to the tribunal, which grants the comments period.
- Rule
- ICC Arbitration Rules 2026, Article 39(4)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
Source guide · No automated date
Check the applicable procedure
The tribunal grants a short period, normally no more than 30 days from that party’s receipt. The actual direction controls. Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period. Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
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When are comments on an ICC post-award application due?
The tribunal grants a short period, normally no more than 30 days from that party’s receipt. The actual direction controls. Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period.
Responsible actor. The other party or parties invited by the tribunal.
An application under Article 39(2) or 39(3) is transmitted to the tribunal, which grants the comments period.
Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period.
Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
The tribunal has received a party’s post-award application and grants the other parties a short comments period. Article 39(4) normally caps that period at thirty days from recipient receipt but does not fix every recipient’s actual response period.
ICC Arbitration Rules 2026, Article 39(4)How does this provision count time?
- Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period.
- Locate and retain application, party receipt evidence and tribunal comment direction.
- Check any later operative variation before relying on an earlier direction.
- After the comments period expires, a separate period governs submission of the tribunal’s draft decision to the Court.
Article 39(4) requires a short tribunal-fixed comments period, normally not exceeding thirty days from recipient receipt. The actual allowance can be shorter. Its actual expiry, rather than early comments, starts the separate draft-decision period.
Establish the commenting party’s deemed receipt country, not the applicant’s address or seat. Article 4 governs a day period actually fixed under the Rules. Check whether the direction supplies a common fixed date before assuming recipient-specific expiry.
ICC Arbitration Rules 2026, Article 39(4)Which facts prevent one automatic date?
The tribunal grants a short period, normally no more than 30 days from that party’s receipt. The actual direction controls. Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period. Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
The tribunal invites comments on an interpretation application and allows ten days. The tribunal has received a party’s post-award application and grants the other parties a short comments period. Article 39(4) normally caps that period at thirty days from recipient receipt but does not fix every recipient’s actual response period. Use the actual ten-day period, not the normal thirty-day ceiling. Establish the recipient’s receipt and relevant calendar.
The recipient’s invitation arrives before an official holiday. The tribunal has received a party’s post-award application and grants the other parties a short comments period. Article 39(4) normally caps that period at thirty days from recipient receipt but does not fix every recipient’s actual response period. Review Article 4 using the country where that communication is deemed made. The applicant’s country does not establish this recipient’s calendar.
The comments period is extended before the tribunal submits its draft decision. The tribunal has received a party’s post-award application and grants the other parties a short comments period. Article 39(4) normally caps that period at thirty days from recipient receipt but does not fix every recipient’s actual response period. Retain the new operative expiry. The tribunal’s separate thirty-day draft clock depends on actual comments expiry, subject to another Secretary General period.
Which conditions and exceptions apply?
- Actual operative procedure
- Identify the actual application, recipient receipt and tribunal direction. The ordinary ceiling does not establish the particular response period.
- Separate procedural clock
- Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
- The tribunal has received a party’s post-award application and grants the other parties a short comments period. Article 39(4) normally caps that period at thirty days from recipient receipt but does not fix every recipient’s actual response period.
- Comments on an application differ from the applicant’s own 30-day application deadline and the tribunal’s later draft-decision deadline.
What must the responsible actor complete?
Questions about this procedure
When are comments on an ICC post-award application due?
Are comments always due in 30 days?
No. The tribunal grants a short period that normally does not exceed 30 days.
ICC Arbitration Rules 2026, Article 39(4)What receipt matters for comments?
Article 39(4) refers to receipt of the application by the party or parties invited to comment.
ICC Arbitration Rules 2026, Article 39(4)Who fixes the actual comment period?
The arbitral tribunal fixes it after the application is transmitted to it.
ICC Arbitration Rules 2026, Article 39(4)Is the application date the comments trigger?
Not automatically. The rule distinguishes the applicant’s submission, transmission to the tribunal and receipt by the commenting party.
ICC Arbitration Rules 2026, Article 39(4)Does HEAP use the same ordinary ceiling?
Appendix VI Article 7(5) provides a separate ordinary 14-day comments ceiling for HEAP.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Does this guide calculate the tribunal’s decision date?
No. Submission of the draft decision is a separate clock that depends on the actual comment-period expiry and any Secretary General direction.
ICC Arbitration Rules 2026, Article 39(4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 39(4) | 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 7(5) | Check the identified procedure, event, counting rule or qualification |