ICC arbitration · Governing Rules and actual communication country
When must an ICC emergency applicant file the main Request?
The Secretariat ordinarily must receive the applicant’s main Request for Arbitration within 10 days after receiving the emergency application. If it does not, the President terminates the emergency proceeding. A longer period determined necessary by the emergency arbitrator changes that endpoint.
- Period
- 10 calendar days under the established ordinary branch.
- Trigger
- The Secretariat’s actual receipt of the emergency application
- Rule
- ICC Arbitration Rules 2026, Appendix IV Article 1(8)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This main-Request receipt clock is different from the President’s normally two-day appointment target and the emergency arbitrator’s fifteen-day Order period.
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When must an ICC emergency applicant file the main Request?
The Secretariat ordinarily must receive the applicant’s main Request for Arbitration within 10 days after receiving the emergency application. If it does not, the President terminates the emergency proceeding. A longer period determined necessary by the emergency arbitrator changes that endpoint.
Responsible actor. The party that submitted the emergency application.
The Secretariat’s actual receipt of the emergency application
Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock.
This main-Request receipt clock is different from the President’s normally two-day appointment target and the emergency arbitrator’s fifteen-day Order period.
Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock.
ICC Arbitration Rules 2026, Appendix IV Article 1(8)How does this provision count time?
- Identify the Secretariat’s actual receipt of the emergency application.
- Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock.
- Ensure the Secretariat receives the Request. Sending a draft to an opposing party or preparing it without submission does not satisfy the receipt condition.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The Secretariat’s actual receipt of the emergency application. For this 10-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.
Ensure the Secretariat receives the Request. Sending a draft to an opposing party or preparing it without submission does not satisfy the receipt condition. 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 1(8)What do independently checked examples show?
Fictitious example
The party that submitted the emergency application. The Secretariat’s actual receipt of the emergency application is established on October 06, 2026. Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock. 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 party that submitted the emergency application. The Secretariat’s actual receipt of the emergency application is established on October 06, 2026. Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock. 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 10 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Friday, October 16, 2026. That final day is open under the retained applicable calendar. | Friday, October 16, 2026 |
| Example 2. Closed-day boundary | The party that submitted the emergency application. The Secretariat’s actual receipt of the emergency application is established on October 09, 2026. Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock. 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 10 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 3. Material procedural branch | The party that submitted the emergency application. The Secretariat’s actual receipt of the emergency application is established on November 01, 2026. Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Monday, November 2, 2026. Count 10 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
- Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock.
- Completion requirement
- Ensure the Secretariat receives the Request. Sending a draft to an opposing party or preparing it without submission does not satisfy the receipt condition.
- Confirm that the main Request has not already been received and that no longer period was determined by the emergency arbitrator. Establish emergency eligibility separately from this filing clock.
- This main-Request receipt clock is different from the President’s normally two-day appointment target and the emergency arbitrator’s fifteen-day Order period.
What must the responsible actor complete?
Questions about this procedure
When must an ICC emergency applicant file the main Request?
Does sending the emergency application itself commence the main arbitration?
Article 5(2) ties commencement to Secretariat receipt of the main Request. The emergency application has a distinct function.
ICC Arbitration Rules 2026, Article 5(2)Is dispatch of the main Request enough?
Appendix IV Article 1(8) requires Secretariat receipt within the applicable period.
ICC Arbitration Rules 2026, Appendix IV Article 1(8)Who may allow a longer Request period?
The emergency arbitrator may determine that a longer period is necessary under Article 1(8).
ICC Arbitration Rules 2026, Appendix IV Article 1(8)What happens if no Request arrives in time?
The President terminates the emergency arbitrator proceeding under Article 1(8).
ICC Arbitration Rules 2026, Appendix IV Article 1(8)Does a Request already on file need to be refiled?
The provision addresses failure to receive a Request. Verify the existing filing and its relationship to the emergency application.
ICC Arbitration Rules 2026, Appendix IV Article 1(8)Does the emergency application have to precede tribunal file transmission?
Yes. Appendix IV Article 1(4) requires the Secretariat to receive the Application before transmission to the arbitral tribunal.
ICC Arbitration Rules 2026, Appendix IV Article 1(8)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix IV Article 1(8) | 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 5(2) | Check the identified procedure, event, counting rule or qualification |