ICC arbitration · Governing Rules and actual communication country
When are comments on an ICC arbitrator disclosure due?
The Secretariat fixes the comment period. Article 12(2) gives no universal day count. Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding.
- Period
- The Secretariat fixes the comment period. Article 12(2) gives no universal day count.
- Trigger
- The Secretariat communicates the prospective arbitrator’s disclosure and fixes a comment period.
- Rule
- ICC Arbitration Rules 2026, Article 12(2)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
Source guide · No automated date
Check the applicable procedure
The Secretariat fixes the comment period. Article 12(2) gives no universal day count. Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding. Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
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When are comments on an ICC arbitrator disclosure due?
The Secretariat fixes the comment period. Article 12(2) gives no universal day count. Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding.
Responsible actor. The parties invited to comment on the disclosure.
The Secretariat communicates the prospective arbitrator’s disclosure and fixes a comment period.
Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding.
Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
A prospective arbitrator supplies an independence or impartiality disclosure. The Secretariat gives the parties the information and fixes their comments period under Article 12(2). The disclosure itself establishes neither a universal period nor disqualification.
ICC Arbitration Rules 2026, Article 12(2)How does this provision count time?
- Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding.
- Locate and retain disclosure statement, communication record and secretariat comment direction.
- Check any later operative variation before relying on an earlier direction.
- A disclosure alone does not establish a lack of independence or impartiality under Article 12(4).
The Secretariat fixes the disclosure-comments period under Article 12(2). Its invitation supplies the operative duration. The disclosure date alone does not establish a thirty-day comments entitlement or a later challenge deadline.
Retain the disclosure invitation and the commenting party’s deemed receipt. For its fixed day period, Article 4 refers to that communication country. The arbitrator’s disclosure location does not automatically control the party’s commencement or expiry.
ICC Arbitration Rules 2026, Article 12(2)Which facts prevent one automatic date?
The Secretariat fixes the comment period. Article 12(2) gives no universal day count. Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding. Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
A party receives a disclosure with a Secretariat invitation to comment. A prospective arbitrator supplies an independence or impartiality disclosure. The Secretariat gives the parties the information and fixes their comments period under Article 12(2). The disclosure itself establishes neither a universal period nor disqualification. Use the invitation’s fixed period and preserve receipt. Article 12(2) gives no automatic thirty-day comment period.
The invitation arrives immediately before an official holiday. A prospective arbitrator supplies an independence or impartiality disclosure. The Secretariat gives the parties the information and fixes their comments period under Article 12(2). The disclosure itself establishes neither a universal period nor disqualification. Establish the deemed-communication country for commencement and expiry. Do not assume the proposed arbitrator’s home country or seat controls.
A later disclosure reveals different facts after the arbitrator is appointed. A prospective arbitrator supplies an independence or impartiality disclosure. The Secretariat gives the parties the information and fixes their comments period under Article 12(2). The disclosure itself establishes neither a universal period nor disqualification. Review the new comments invitation and any separate Article 15 challenge period. The original comments direction does not automatically govern later information.
Which conditions and exceptions apply?
- Actual operative procedure
- Read the disclosed facts, the Secretariat’s invitation and any relevant appointment status before responding.
- Separate procedural clock
- Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
- A prospective arbitrator supplies an independence or impartiality disclosure. The Secretariat gives the parties the information and fixes their comments period under Article 12(2). The disclosure itself establishes neither a universal period nor disqualification.
- Comments on disclosure are distinct from a formal Article 15 challenge to an arbitrator.
What must the responsible actor complete?
Questions about this procedure
When are comments on an ICC arbitrator disclosure due?
Does every disclosure create a 30-day comment period?
No. Article 12(2) requires the Secretariat to fix a period for comments.
ICC Arbitration Rules 2026, Article 12(2)Does disclosure prove the arbitrator lacks independence?
No. Article 12(4) expressly distinguishes disclosure from establishing a lack of independence or impartiality.
ICC Arbitration Rules 2026, Article 12(4)Who fixes the comments deadline?
The Secretariat fixes it when providing the disclosed information to the parties.
ICC Arbitration Rules 2026, Article 12(2)Are comments automatically a formal challenge?
No. A formal challenge under Article 15 has separate requirements and must specify its factual grounds.
ICC Arbitration Rules 2026, Article 15Must later facts also be disclosed?
Article 12(3) imposes an ongoing disclosure duty on an arbitrator. A later disclosure needs its own procedural review.
ICC Arbitration Rules 2026, Article 12(3)Which evidence should I preserve?
Preserve the disclosure, the Secretariat’s invitation, effective communication evidence and any direction changing the comment period.
ICC Arbitration Rules 2026, Article 12(2)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 12(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 |
| ICC Arbitration Rules 2026, Article 12(4) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 15 | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 12(3) | Check the identified procedure, event, counting rule or qualification |