ICC arbitration · Governing Rules and actual communication country
When must the ICC emergency arbitrator make and send the Order?
The emergency arbitrator must make the Order no later than 15 days after receiving the file, unless the President extends the period. Within that applicable period, the arbitrator must also send the Order to the parties with a copy to the Secretariat. Appointment and file receipt are different events.
- Period
- 15 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the file by the emergency arbitrator
- Rule
- ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The fifteen-day Order deadline does not turn the normally two-day appointment or procedural-timetable targets into guaranteed dates.
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When must the ICC emergency arbitrator make and send the Order?
The emergency arbitrator must make the Order no later than 15 days after receiving the file, unless the President extends the period. Within that applicable period, the arbitrator must also send the Order to the parties with a copy to the Secretariat. Appointment and file receipt are different events.
Responsible actor. The appointed emergency arbitrator.
Actual receipt of the file by the emergency arbitrator
Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period.
The fifteen-day Order deadline does not turn the normally two-day appointment or procedural-timetable targets into guaranteed dates.
Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)How does this provision count time?
- Identify actual receipt of the file by the emergency arbitrator.
- Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period.
- Make a written, reasoned, signed and dated Order, then send it to the parties with a Secretariat copy using a permitted method intended to ensure prompt receipt.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the file by the emergency arbitrator. For this 15-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.
Make a written, reasoned, signed and dated Order, then send it to the parties with a Secretariat copy using a permitted method intended to ensure prompt receipt. 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 IV Article 6(4)–(5)What do independently checked examples show?
Fictitious example
The appointed emergency arbitrator. Actual receipt of the file by the emergency arbitrator is established on October 06, 2026. Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period. 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 appointed emergency arbitrator. Actual receipt of the file by the emergency arbitrator is established on October 06, 2026. Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period. 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 15 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Wednesday, October 21, 2026. That final day is open under the retained applicable calendar. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | The appointed emergency arbitrator. Actual receipt of the file by the emergency arbitrator is established on October 09, 2026. Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period. 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 15 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Monday, October 26, 2026. That final day is open under the retained applicable calendar. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The appointed emergency arbitrator. Actual receipt of the file by the emergency arbitrator is established on October 27, 2026. Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Wednesday, October 28, 2026. Count 15 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 actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period.
- Completion requirement
- Make a written, reasoned, signed and dated Order, then send it to the parties with a Secretariat copy using a permitted method intended to ensure prompt receipt.
- Establish actual file receipt and every President extension. A preliminary order under Appendix IV Article 7 is a separate procedure without this same fixed decision period.
- The fifteen-day Order deadline does not turn the normally two-day appointment or procedural-timetable targets into guaranteed dates.
What must the responsible actor complete?
Questions about this procedure
When must the ICC emergency arbitrator make and send the Order?
Does appointment start the fifteen days?
Appendix IV Article 6(4) specifies receiving the file, which may differ from the appointment date.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)Who may extend the Order period?
The President may extend on a reasoned emergency-arbitrator request or on the President’s own initiative.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)Must the Order also be sent within the period?
Yes. Article 6(5) requires sending it to the parties, copied to the Secretariat, within the Article 6(4) period.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)What form must the Order take?
Article 6 requires a written, reasoned, signed and dated Order, including the arbitrator’s jurisdiction determination.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)Is the merits tribunal bound by the emergency arbitrator’s reasoning?
Article 6(10) states that the tribunal is not bound by the emergency arbitrator’s findings or reasons.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5)Does a preliminary order use the same fifteen days?
Appendix IV Article 7 specifies a separate preliminary-order procedure without a fixed decision period.
ICC Arbitration Rules 2026, Appendix IV Article 7Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix IV Article 6(4)–(5) | 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, Appendix IV Article 7 | Check the identified procedure, event, counting rule or qualification |