ICC arbitration · Governing Rules and actual communication country
When must a HEAP tribunal submit its own correction?
The HEAP tribunal’s own-initiative correction must be submitted for approval to the Court within 21 days after Secretariat notification of the award. This substitutes a HEAP period for the ordinary forty-five-day rule. The tribunal must still seek the parties’ comments under Article 39(1).
- Period
- 21 calendar days under the established ordinary branch.
- Trigger
- Secretariat notification of the award under Article 38(2)
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 7(3)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The tribunal’s twenty-one days and a party’s fourteen-day HEAP correction application have different actors, events and submission functions.
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When must a HEAP tribunal submit its own correction?
The HEAP tribunal’s own-initiative correction must be submitted for approval to the Court within 21 days after Secretariat notification of the award. This substitutes a HEAP period for the ordinary forty-five-day rule. The tribunal must still seek the parties’ comments under Article 39(1).
Responsible actor. The HEAP tribunal acting on its own initiative.
Secretariat notification of the award under Article 38(2)
Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award.
The tribunal’s twenty-one days and a party’s fourteen-day HEAP correction application have different actors, events and submission functions.
Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)How does this provision count time?
- Identify secretariat notification of the award under Article 38(2).
- Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award.
- Seek comments and submit the correction for Court approval. Preserve Secretariat notification and the draft submission record.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Secretariat notification of the award under Article 38(2). For this 21-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 comments and submit the correction for Court approval. Preserve Secretariat notification and the draft submission record. 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, Appendix VI Article 7(3)What do independently checked examples show?
Fictitious example
The HEAP tribunal acting on its own initiative. Secretariat notification of the award under Article 38(2) is established on October 06, 2026. Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The HEAP tribunal acting on its own initiative. Secretariat notification of the award under Article 38(2) is established on October 06, 2026. Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award. 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 21 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Tuesday, October 27, 2026. That final day is open under the retained applicable calendar. | Tuesday, October 27, 2026 |
| Example 2. Closed-day boundary | The HEAP tribunal acting on its own initiative. Secretariat notification of the award under Article 38(2) is established on October 09, 2026. Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award. 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 21 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Sunday, November 1, 2026. Article 4(1) carries that closed final day to Monday, November 2, 2026. | Monday, November 2, 2026 |
| Example 3. Material procedural branch | The HEAP tribunal acting on its own initiative. Secretariat notification of the award under Article 38(2) is established on October 21, 2026. Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Thursday, October 22, 2026. Count 21 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 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established ordinary branch
- Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award.
- Completion requirement
- Seek comments and submit the correction for Court approval. Preserve Secretariat notification and the draft submission record.
- Confirm the actual HEAP post-award track and award notification, rather than a party’s later receipt or the date printed on the award.
- The tribunal’s twenty-one days and a party’s fourteen-day HEAP correction application have different actors, events and submission functions.
What must the responsible actor complete?
Questions about this procedure
When must a HEAP tribunal submit its own correction?
Does a HEAP tribunal have forty-five days to correct?
No. Appendix VI Article 7(3) supplies twenty-one days for its own-initiative correction.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)What is the HEAP notification event?
Notification by the Secretariat pursuant to Article 38(2) supplies the stated start.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)Where is the correction submitted?
The HEAP provision specifies submission for approval to the Court.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)Must comments still be sought?
Article 39(1) continues to supply the underlying own-initiative correction procedure, including seeking party comments.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)Does a party also have twenty-one days?
No. Appendix VI Article 7(4) gives a party fourteen days from its award receipt for an application.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)Can an omitted claim be added as a typographical correction?
An additional-award application addresses omitted claims under Article 39(3). That is distinct from correcting an error of the specified nature.
ICC Arbitration Rules 2026, Appendix VI Article 7(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 7(3) | 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 |