ICC arbitration · Governing Rules and actual communication country
When can an ICC emergency arbitrator issue a preliminary order?
A request may be made at any stage of the emergency proceeding. Article 7 supplies no fixed decision period. Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response.
- Period
- A request may be made at any stage of the emergency proceeding. Article 7 supplies no fixed decision period.
- Trigger
- The party requests an order preventing frustration of its emergency application.
- Rule
- ICC Arbitration Rules 2026, Appendix IV Article 7
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
Source guide · No automated date
Check the applicable procedure
A request may be made at any stage of the emergency proceeding. Article 7 supplies no fixed decision period. Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response. A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
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When can an ICC emergency arbitrator issue a preliminary order?
A request may be made at any stage of the emergency proceeding. Article 7 supplies no fixed decision period. Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response.
Responsible actor. A party seeking a preliminary order and the emergency arbitrator.
The party requests an order preventing frustration of its emergency application.
Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response.
A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
A party asks the emergency arbitrator to prevent frustration of the emergency application. Appendix IV Article 7 permits a preliminary-order request at any stage and possible decision without notice. It supplies no universal numerical decision period.
ICC Arbitration Rules 2026, Appendix IV Article 7How does this provision count time?
- Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response.
- Locate and retain preliminary-order request, actual order and subsequent response directions.
- Check any later operative variation before relying on an earlier direction.
- A request may be considered without notice to every party. If granted, other parties must immediately receive a reasonable opportunity to present their case.
Appendix IV Article 7 allows a preliminary-order request at any stage and possible decision without notice. If granted, an immediate reasonable response opportunity follows. Neither step is a universal numerical decision period.
A preliminary order can be decided without notice, followed by an immediate opportunity for other parties to present their case. A weekend does not create a default two-day response entitlement. The actual order and response arrangements govern.
ICC Arbitration Rules 2026, Appendix IV Article 7Which facts prevent one automatic date?
A request may be made at any stage of the emergency proceeding. Article 7 supplies no fixed decision period. Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response. A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
An applicant seeks a preliminary order before the emergency Application is notified to the other party. A party asks the emergency arbitrator to prevent frustration of the emergency application. Appendix IV Article 7 permits a preliminary-order request at any stage and possible decision without notice. It supplies no universal numerical decision period. The Secretariat transmits the request and Application to the emergency arbitrator first under Article 7(2). No fixed decision date follows from that transmission alone.
The arbitrator grants a preliminary order during a holiday period. A party asks the emergency arbitrator to prevent frustration of the emergency application. Appendix IV Article 7 permits a preliminary-order request at any stage and possible decision without notice. It supplies no universal numerical decision period. The arbitrator must immediately afford the other parties a reasonable opportunity to present their case. A standard rolled day period cannot replace that immediate procedural duty.
The emergency arbitrator later modifies the preliminary order. A party asks the emergency arbitrator to prevent frustration of the emergency application. Appendix IV Article 7 permits a preliminary-order request at any stage and possible decision without notice. It supplies no universal numerical decision period. Use the operative order and resulting response directions. Do not treat the original order as permanently controlling.
Which conditions and exceptions apply?
- Actual operative procedure
- Identify the actual emergency application and preliminary-order request. Read the order and the ensuing opportunity to present a response.
- Separate procedural clock
- A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
- A party asks the emergency arbitrator to prevent frustration of the emergency application. Appendix IV Article 7 permits a preliminary-order request at any stage and possible decision without notice. It supplies no universal numerical decision period.
- A preliminary order is distinct from the emergency arbitrator’s Article 6 Order and its separate fixed ordinary deadline.
What must the responsible actor complete?
Questions about this procedure
When can an ICC emergency arbitrator issue a preliminary order?
When can a preliminary order be requested?
Appendix IV Article 7 permits a request at any stage of the emergency arbitrator proceeding.
ICC Arbitration Rules 2026, Appendix IV Article 7Can the request be decided without notice to all parties?
Yes. Article 7 permits that procedure for a preliminary-order request.
ICC Arbitration Rules 2026, Appendix IV Article 7Is the preliminary order due within the ordinary 15-day Order period?
Article 7 specifies no fixed preliminary-order decision period. The Article 6 Order is a separate procedural act.
ICC Arbitration Rules 2026, Appendix IV Article 7What happens if the request precedes notification of the application?
The Secretariat transmits the request and application to the emergency arbitrator before notifying all other parties, then transmits them after the preliminary-order decision.
ICC Arbitration Rules 2026, Appendix IV Article 7What opportunity do the other parties receive after an order?
If the order is granted, the emergency arbitrator must immediately give them a reasonable opportunity to present their case.
ICC Arbitration Rules 2026, Appendix IV Article 7Can the emergency arbitrator modify the preliminary order?
Yes. Article 7 expressly permits modification. Read the actual operative order and later directions.
ICC Arbitration Rules 2026, Appendix IV Article 7Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix IV Article 7 | 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 |