ICC arbitration · Governing Rules and actual communication country
When are ICC Terms of Reference due under the 2017 or 2021 Rules?
Under the 2017 and 2021 standard rules, the tribunal must transmit signed Terms of Reference to the Court within 30 days from file transmission, unless the Court extends the period. The 2026 Rules removed this requirement. Do not apply the old thirty-day clock to a current 2026 arbitration.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- The date on which the Secretariat transmitted the file to the tribunal
- Rule
- ICC Arbitration Rules 2021, Article 23(2)–(3)
The retained 2017–2021 comparison and native 2021 Rules establish the older thirty-day Terms of Reference branch. The 2026 Rules remove this step. The governing 2012 clause has not been acquired and is outside qualification.
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When are ICC Terms of Reference due under the 2017 or 2021 Rules?
Under the 2017 and 2021 standard rules, the tribunal must transmit signed Terms of Reference to the Court within 30 days from file transmission, unless the Court extends the period. The 2026 Rules removed this requirement. Do not apply the old thirty-day clock to a current 2026 arbitration.
Responsible actor. The tribunal in a standard arbitration governed by the 2017 or 2021 Rules.
The date on which the Secretariat transmitted the file to the tribunal
This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification.
File transmission, not the tribunal’s later receipt, supplies the older Article 23(2) event. Current 2026 case management uses an initial CMC instead.
This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification.
ICC Arbitration Rules 2021, Article 23(2)–(3)How does this provision count time?
- Identify the date on which the Secretariat transmitted the file to the tribunal.
- This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification.
- Transmit Terms of Reference signed by the tribunal and parties. If a party refuses participation or signature, submit them to the Court for approval under Article 23(3).
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The date on which the Secretariat transmitted the file to the tribunal. For this 30-day period, establish the legally effective event before applying the time-limit rules. Article 3(4) 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.
Transmit Terms of Reference signed by the tribunal and parties. If a party refuses participation or signature, submit them to the Court for approval under Article 23(3). 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 2021, Article 23(2)–(3)What do independently checked examples show?
Fictitious example
The tribunal in a standard arbitration governed by the 2017 or 2021 Rules. The date on which the Secretariat transmitted the file to the tribunal is established on October 06, 2026. This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification. 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 tribunal in a standard arbitration governed by the 2017 or 2021 Rules. The date on which the Secretariat transmitted the file to the tribunal is established on October 06, 2026. This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification. 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 tribunal in a standard arbitration governed by the 2017 or 2021 Rules. The date on which the Secretariat transmitted the file to the tribunal is established on October 09, 2026. This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification. 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 tribunal in a standard arbitration governed by the 2017 or 2021 Rules. The date on which the Secretariat transmitted the file to the tribunal is established on October 12, 2026. This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification. 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 3(4) 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
- This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification.
- Completion requirement
- Transmit Terms of Reference signed by the tribunal and parties. If a party refuses participation or signature, submit them to the Court for approval under Article 23(3).
- This calculation covers the standard procedure under the 2017 or 2021 Rules. Expedited procedures exclude Terms of Reference, and a case governed by the 2012 Rules requires separate edition verification.
- File transmission, not the tribunal’s later receipt, supplies the older Article 23(2) event. Current 2026 case management uses an initial CMC instead.
What must the responsible actor complete?
Questions about this procedure
When are ICC Terms of Reference due under the 2017 or 2021 Rules?
Do the 2026 Rules still require Terms of Reference?
The 2026 procedure omits the old Terms of Reference requirement and uses its current CMC and new-claims provisions.
ICC Arbitration Rules 2021, Article 23(2)–(3)What starts the 2021 thirty-day period?
Article 23(2) uses the date on which the file was transmitted to the tribunal.
ICC Arbitration Rules 2021, Article 23(2)–(3)Can the Court extend the older period?
Yes. Article 23(2) permits extension on a reasoned tribunal request or the Court’s own initiative.
ICC Arbitration Rules 2021, Article 23(2)–(3)What happens if a party refuses to sign?
Article 23(3) requires submission to the Court for approval, after which the arbitration proceeds.
ICC Arbitration Rules 2021, Article 23(2)–(3)Are Terms of Reference required in 2021 expedited arbitration?
No. Appendix VI Article 3(1) disapplies Article 23 for the expedited procedure.
ICC Arbitration Rules 2021, Article 23(2)–(3)Can the raw 2012 citation be used without checking it?
No. This candidate is limited to verified 2017 and 2021 provisions. An earlier governing edition needs its own retained controlling text.
ICC Arbitration Rules 2021, Article 23(2)–(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2021, Article 23(2)–(3) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2021, Articles 3(3), 3(4) and 23 | Check the identified procedure, event, counting rule or qualification |