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ICC arbitration · Governing Rules and actual communication country

How long does an ICC tribunal have to correct its own award?

For a 2026 award, the tribunal may initiate a clerical, computational, typographical or similar correction if it submits the draft to the Secretariat within 45 days after Secretariat notification of the award. It must first seek the parties’ comments. The earlier thirty-day rule and HEAP twenty-one-day rule are different editions or tracks.

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Period
45 calendar days under the established ordinary branch.
Trigger
Notification of the award by the Secretariat under Article 38(2)
Rule
ICC Arbitration Rules 2026, Article 39(1)
ICC Arbitration Rules 2026, Article 39(1)

The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. A party’s correction or interpretation application remains thirty days under Article 39(2). That separate application period did not become forty-five days.

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How long does an ICC tribunal have to correct its own award?

For a 2026 award, the tribunal may initiate a clerical, computational, typographical or similar correction if it submits the draft to the Secretariat within 45 days after Secretariat notification of the award. It must first seek the parties’ comments. The earlier thirty-day rule and HEAP twenty-one-day rule are different editions or tracks.

Responsible actor. The arbitral tribunal acting on its own initiative.

Notification of the award by the Secretariat under Article 38(2)

Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date.

A party’s correction or interpretation application remains thirty days under Article 39(2). That separate application period did not become forty-five days.

Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date.

ICC Arbitration Rules 2026, Article 39(1)

How does this provision count time?

  1. Identify notification of the award by the Secretariat under Article 38(2).
  2. Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date.
  3. Seek party comments and submit the correction in draft form to the Secretariat. Issuing an unapproved replacement award is not the specified act.
  4. Retain the actual communication and the established relevant country calendar before recording the expiry.

Notification of the award by the Secretariat under Article 38(2). For this 45-day period, establish the legally effective event before applying the time-limit rules. Article 4(1) excludes the event day, starts on the next business day if necessary, includes intermediate nonbusiness days and carries a closed final day to the next business day.

Seek party comments and submit the correction in draft form to the Secretariat. Issuing an unapproved replacement award is not the specified act. The calculation calendar is metropolitan France excluding Alsace-Moselle, with retained official 2026 holidays and Saturday/Sunday closures. Establish the country where the relevant communication is deemed made. The arbitral seat is insufficient; a different country, local calendar, disputed event or out-of-coverage result is outside this calculation.

ICC Arbitration Rules 2026, Article 39(1)

What do independently checked examples show?

Fictitious example

The arbitral tribunal acting on its own initiative. Notification of the award by the Secretariat under Article 38(2) is established on October 06, 2026. Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThe arbitral tribunal acting on its own initiative. Notification of the award by the Secretariat under Article 38(2) is established on October 06, 2026. Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Wednesday, October 7, 2026. Count 45 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Friday, November 20, 2026. That final day is open under the retained applicable calendar.Friday, November 20, 2026
Example 2. Closed-day boundaryThe arbitral tribunal acting on its own initiative. Notification of the award by the Secretariat under Article 38(2) is established on October 09, 2026. Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Monday, October 12, 2026. Count 45 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, November 25, 2026. That final day is open under the retained applicable calendar.Wednesday, November 25, 2026
Example 3. Material procedural branchThe arbitral tribunal acting on its own initiative. Notification of the award by the Secretariat under Article 38(2) is established on September 27, 2026. Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Monday, September 28, 2026. Count 45 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, November 11, 2026. Article 4(1) carries that closed final day to Thursday, November 12, 2026.Thursday, November 12, 2026
Example resultFriday, November 20, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Established ordinary branch
Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date.
Completion requirement
Seek party comments and submit the correction in draft form to the Secretariat. Issuing an unapproved replacement award is not the specified act.
ICC Arbitration Rules 2026, Article 39(1)
  • Establish the actual Secretariat award notification. Do not replace it with signature, Court scrutiny approval or a particular party’s later receipt date.
  • A party’s correction or interpretation application remains thirty days under Article 39(2). That separate application period did not become forty-five days.

What must the responsible actor complete?

Questions about this procedure

How long does an ICC tribunal have to correct its own award?

Did the tribunal’s own-initiative period change in 2026?

Yes. Article 39(1) uses forty-five days. The 2021 Article 36(1) period was thirty days.

ICC Arbitration Rules 2026, Article 39(1)

What starts the tribunal’s correction period?

Notification of the award by the Secretariat under Article 38(2), rather than the date printed on the award.

ICC Arbitration Rules 2026, Article 39(1)

What errors are covered?

Clerical, computational, typographical and errors of a similar nature are identified in Article 39(1).

ICC Arbitration Rules 2026, Article 39(1)

Must the tribunal seek comments?

Yes. Article 39(1) requires seeking the parties’ comments before submitting the correction.

ICC Arbitration Rules 2026, Article 39(1)

Where does the correction draft go?

The 2026 provision specifies submission in draft form to the Secretariat within the period.

ICC Arbitration Rules 2026, Article 39(1)

Does HEAP allow forty-five days?

No. Appendix VI Article 7(3) substitutes a twenty-one-day own-initiative correction period for HEAP.

ICC Arbitration Rules 2026, Article 39(1)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
ICC Arbitration Rules 2026, Article 39(1)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
Read the official controlling provision

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