ICC arbitration · Governing Rules and actual communication country
When must an ICC respondent submit counterclaims?
Under the 2026 Rules, submit counterclaims with the Answer, ordinarily due within 30 days after receipt of the Request from the Secretariat. An effective Answer extension changes that common deadline. A counterclaim does not have an independent thirty-day clock from drafting it.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the Request from the Secretariat
- Rule
- ICC Arbitration Rules 2026, Article 6(1), (2) and (4)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The claimant’s reply begins on Secretariat communication of the counterclaims, rather than receipt of the original Request.
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When must an ICC respondent submit counterclaims?
Under the 2026 Rules, submit counterclaims with the Answer, ordinarily due within 30 days after receipt of the Request from the Secretariat. An effective Answer extension changes that common deadline. A counterclaim does not have an independent thirty-day clock from drafting it.
Responsible actor. The respondent asserting a counterclaim.
Actual receipt of the Request from the Secretariat
Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC.
The claimant’s reply begins on Secretariat communication of the counterclaims, rather than receipt of the original Request.
Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC.
ICC Arbitration Rules 2026, Article 6(1), (2) and (4)How does this provision count time?
- Identify actual receipt of the Request from the Secretariat.
- Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC.
- Submit the Answer and counterclaims to the Secretariat, identifying the claims, relief and relevant arbitration agreements required by Article 6(4).
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the Request from the Secretariat. For this 30-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.
Submit the Answer and counterclaims to the Secretariat, identifying the claims, relief and relevant arbitration agreements required by Article 6(4). 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 6(1), (2) and (4)What do independently checked examples show?
Fictitious example
The respondent asserting a counterclaim. Actual receipt of the Request from the Secretariat is established on October 06, 2026. Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC. 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 respondent asserting a counterclaim. Actual receipt of the Request from the Secretariat is established on October 06, 2026. Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC. 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 30 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Thursday, November 5, 2026. That final day is open under the retained applicable calendar. | Thursday, November 5, 2026 |
| Example 2. Closed-day boundary | The respondent asserting a counterclaim. Actual receipt of the Request from the Secretariat is established on October 09, 2026. Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC. 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 30 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Tuesday, November 10, 2026. That final day is open under the retained applicable calendar. | Tuesday, November 10, 2026 |
| Example 3. Material procedural branch | The respondent asserting a counterclaim. Actual receipt of the Request from the Secretariat is established on October 12, 2026. Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Tuesday, October 13, 2026. Count 30 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
- Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC.
- Completion requirement
- Submit the Answer and counterclaims to the Secretariat, identifying the claims, relief and relevant arbitration agreements required by Article 6(4).
- Establish the ordinary Answer period or its actual extended period. The counterclaim must accompany the Answer; confirm any later claim needs authorization after the initial CMC.
- The claimant’s reply begins on Secretariat communication of the counterclaims, rather than receipt of the original Request.
What must the responsible actor complete?
Questions about this procedure
When must an ICC respondent submit counterclaims?
Does a counterclaim receive its own thirty days?
No. Article 6(4) attaches submission to the Answer. The ordinary Answer period supplies the endpoint.
ICC Arbitration Rules 2026, Article 6(1), (2) and (4)Does an Answer extension also matter for counterclaims?
Yes. The counterclaims accompany the Answer, so retain the effective extension under Article 6(2).
ICC Arbitration Rules 2026, Article 6(1), (2) and (4)What identifies the initial start?
Use receipt of the Request from the Secretariat by the respondent or its representative under Article 3(5).
ICC Arbitration Rules 2026, Article 3(5)What must the counterclaim identify?
Article 6(4) requires its factual basis, requested relief and relevant agreements, including the agreement supporting each counterclaim where several are invoked.
ICC Arbitration Rules 2026, Article 6(1), (2) and (4)Does the claimant’s reply use this same date?
No. Article 6(5) gives the claimant a separate receipt-based period after the Secretariat communicates the counterclaims.
ICC Arbitration Rules 2026, Article 6(5)Can a new counterclaim be added after the initial CMC?
Article 25 requires tribunal authorization for new claims after the initial CMC. Timely filing of an earlier Answer does not remove that requirement.
ICC Arbitration Rules 2026, Article 25Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 6(1), (2) and (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, Article 3(5) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 6(5) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 25 | Check the identified procedure, event, counting rule or qualification |