ICC arbitration · Governing Rules and actual communication country
When can the ICC tribunal sign and render a scrutinized award?
The draft goes to the Court before signature. The award cannot be rendered until the Court approves its form. No universal review period is specified. Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date.
- Period
- The draft goes to the Court before signature. The award cannot be rendered until the Court approves its form. No universal review period is specified.
- Trigger
- The tribunal has prepared the draft award for submission to the Court.
- Rule
- ICC Arbitration Rules 2026, Article 37
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
Source guide · No automated date
Check the applicable procedure
The draft goes to the Court before signature. The award cannot be rendered until the Court approves its form. No universal review period is specified. Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date. Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
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When can the ICC tribunal sign and render a scrutinized award?
The draft goes to the Court before signature. The award cannot be rendered until the Court approves its form. No universal review period is specified. Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date.
Responsible actor. The arbitral tribunal and ICC Court.
The tribunal has prepared the draft award for submission to the Court.
Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date.
Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
The tribunal submits its draft award to the Court before signature. Article 37 prevents rendering the award before approval of its form but fixes no universal scrutiny duration. The actual approval status controls this procedural dependency.
ICC Arbitration Rules 2026, Article 37How does this provision count time?
- Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date.
- Locate and retain draft submission, court approval and actual award signature or notification records.
- Check any later operative variation before relying on an earlier direction.
- The Court may require changes to form and draw attention to substantive points without removing the tribunal’s decision-making freedom.
Article 37 makes Court scrutiny and approval of the award’s form prerequisites to rendering. It fixes no universal scrutiny duration. Identify actual approval before treating a draft as an award that may be signed and rendered.
Court form approval is an actual decision, not the expiry of an assumed review period. Holidays do not turn an estimated scrutiny date into approval. Preserve the approval and any revisions required before the tribunal renders the award.
ICC Arbitration Rules 2026, Article 37Which facts prevent one automatic date?
The draft goes to the Court before signature. The award cannot be rendered until the Court approves its form. No universal review period is specified. Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date. Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
The tribunal sends a draft award for Court scrutiny. The tribunal submits its draft award to the Court before signature. Article 37 prevents rendering the award before approval of its form but fixes no universal scrutiny duration. The actual approval status controls this procedural dependency. Retain submission and actual approval records. Article 37 does not promise a review decision after a fixed number of days.
An expected approval date falls during a holiday period. The tribunal submits its draft award to the Court before signature. Article 37 prevents rendering the award before approval of its form but fixes no universal scrutiny duration. The actual approval status controls this procedural dependency. An estimate is not approval. Check actual Court action and any current award direction instead of rolling an assumed scrutiny deadline.
The Court requests form modifications and the tribunal revises its draft. The tribunal submits its draft award to the Court before signature. Article 37 prevents rendering the award before approval of its form but fixes no universal scrutiny duration. The actual approval status controls this procedural dependency. Track the resubmission and ensuing approval. The original transmission does not establish that the revised award may be rendered.
Which conditions and exceptions apply?
- Actual operative procedure
- Confirm the draft submission and actual approval status. Do not infer approval from the elapsed time or a scheduled award date.
- Separate procedural clock
- Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
- The tribunal submits its draft award to the Court before signature. Article 37 prevents rendering the award before approval of its form but fixes no universal scrutiny duration. The actual approval status controls this procedural dependency.
- Scrutiny is distinct from the tribunal’s final-award deadline and the Secretariat’s later notification of the made award.
What must the responsible actor complete?
Questions about this procedure
When can the ICC tribunal sign and render a scrutinized award?
Must ICC scrutinize the draft before signature?
Yes. Article 37(1) requires the draft to be submitted to the Court before signature.
ICC Arbitration Rules 2026, Article 37Can I calculate when ICC must finish scrutiny?
Article 37 gives no universal number of days for completing scrutiny.
ICC Arbitration Rules 2026, Article 37Can the tribunal render the award before form approval?
No. Article 37(2) requires the Court’s approval of form first.
ICC Arbitration Rules 2026, Article 37Does the Court decide the merits instead of the tribunal?
The Court may draw attention to substantive points without affecting the tribunal’s freedom of decision.
ICC Arbitration Rules 2026, Article 37Is approval the same as notifying the parties?
No. Signature and notification are separately addressed in Article 38.
ICC Arbitration Rules 2026, Article 38What evidence confirms this stage has completed?
Use the actual Court approval and the resulting award records. An estimated date alone does not establish completion.
ICC Arbitration Rules 2026, Article 37Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 37 | 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 38 | Check the identified procedure, event, counting rule or qualification |