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ICC arbitration · Governing Rules and actual communication country

When are comments due on Court-initiated ICC replacement?

The Secretariat fixes this period. Article 16(3) supplies no universal number of days. Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments.

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Read why no date is calculated
Period
The Secretariat fixes this period. Article 16(3) supplies no universal number of days.
Trigger
The Court initiates replacement proceedings under Article 16(2), and the Secretariat fixes a comments period.
Rule
ICC Arbitration Rules 2026, Article 16(3)
ICC Arbitration Rules 2026, Article 16(3)

The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.

Source guide · No automated date

Check the applicable procedure

The Secretariat fixes this period. Article 16(3) supplies no universal number of days. Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments. Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.

ICC Arbitration Rules 2026, Article 16(3)

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When are comments due on Court-initiated ICC replacement?

The Secretariat fixes this period. Article 16(3) supplies no universal number of days. Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments.

Responsible actor. The arbitrator concerned, parties and other tribunal members invited to comment.

The Court initiates replacement proceedings under Article 16(2), and the Secretariat fixes a comments period.

Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments.

Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.

The Court has initiated replacement proceedings because an arbitrator may be unable to perform or may not be performing properly. Article 16(3) requires a directed comments opportunity before that replacement decision, distinct from the events listed in Article 16(1).

ICC Arbitration Rules 2026, Article 16(3)

How does this provision count time?

  1. Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments.
  2. Locate and retain court replacement notice and secretariat invitation to comment.
  3. Check any later operative variation before relying on an earlier direction.
  4. After the opportunity for comments, the Court decides whether to replace the arbitrator. Comments are communicated to parties and arbitrators.

For Court-initiated replacement under Article 16(2), the Secretariat fixes the written comments period under Article 16(3). Confirm this replacement branch and the invitation before counting; resignation or an accepted challenge can arise under Article 16(1).

For replacement comments, retain the actual Secretariat invitation and the recipient’s communication evidence. If the direction expresses a day period, Article 4 may move commencement or expiry. The replacement appointment itself does not supply those facts.

ICC Arbitration Rules 2026, Article 16(3)

Which facts prevent one automatic date?

The Secretariat fixes this period. Article 16(3) supplies no universal number of days. Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments. Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.

ResultRead the operative provision and establish the applicable branch.

The Court starts proceedings about an arbitrator’s failure to perform and the Secretariat invites comments. The Court has initiated replacement proceedings because an arbitrator may be unable to perform or may not be performing properly. Article 16(3) requires a directed comments opportunity before that replacement decision, distinct from the events listed in Article 16(1). Read the fixed invitation period. Article 16(3) does not prescribe a universal number of days.

A replacement-comments invitation states a period crossing local closures. The Court has initiated replacement proceedings because an arbitrator may be unable to perform or may not be performing properly. Article 16(3) requires a directed comments opportunity before that replacement decision, distinct from the events listed in Article 16(1). Establish its actual deemed-communication country and Article 4 treatment. Do not select a calendar from the replacement arbitrator’s nationality.

An arbitrator resigns and the Court accepts the resignation. The Court has initiated replacement proceedings because an arbitrator may be unable to perform or may not be performing properly. Article 16(3) requires a directed comments opportunity before that replacement decision, distinct from the events listed in Article 16(1). Review the Article 16(1) replacement event and ensuing directions. Do not assume Court-initiated Article 16(3) comments govern every replacement.

Which conditions and exceptions apply?

Actual operative procedure
Check that the Court initiated this replacement branch. Read the invitation and the reasons given before preparing comments.
Separate procedural clock
Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.
ICC Arbitration Rules 2026, Article 16(3)
  • The Court has initiated replacement proceedings because an arbitrator may be unable to perform or may not be performing properly. Article 16(3) requires a directed comments opportunity before that replacement decision, distinct from the events listed in Article 16(1).
  • Court-initiated replacement proceedings differ from accepting a resignation, an accepted challenge or a request by all parties.

What must the responsible actor complete?

Questions about this procedure

When are comments due on Court-initiated ICC replacement?

Does every arbitrator replacement use Article 16(3)?

No. This comments branch follows Court-initiated proceedings under Article 16(2). Article 16(1) identifies other replacement events.

ICC Arbitration Rules 2026, Article 16(3)

Is there a fixed replacement-comment period?

No. The Secretariat fixes the period in the actual proceeding.

ICC Arbitration Rules 2026, Article 16(3)

Who decides whether the arbitrator is replaced?

The Court decides after the comments opportunity.

ICC Arbitration Rules 2026, Article 16(3)

Who receives the comments?

Article 16(3) requires communication to the parties and arbitrators.

ICC Arbitration Rules 2026, Article 16(3)

Does replacement automatically repeat all earlier proceedings?

No. Article 16(4) requires the reconstituted tribunal to determine the extent of repetition after inviting party comments.

ICC Arbitration Rules 2026, Article 16(4)

What is the relevant trigger document?

Use the actual Secretariat invitation issued after the Court initiates replacement proceedings, together with any operative modification.

ICC Arbitration Rules 2026, Article 16(3)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
ICC Arbitration Rules 2026, Article 16(3)Check the identified procedure, event, counting rule or qualification
ICC Arbitration Rules 2026, Articles 1(2), 3(5) and 4Check the identified procedure, event, counting rule or qualification
ICC Arbitration Rules 2026, Article 16(4)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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