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ICC arbitration · Governing Rules and actual communication country

What is the ICC deadline to cure an unpaid filing fee?

The Secretariat fixes the cure period. Article 5(4) supplies no universal number of days. Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date.

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Read why no date is calculated
Period
The Secretariat fixes the cure period. Article 5(4) supplies no universal number of days.
Trigger
The Secretariat issues an actual payment direction after the filing fee has not been paid.
Rule
ICC Arbitration Rules 2026, Article 5(4)
ICC Arbitration Rules 2026, Article 5(4)

The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. The filing fee cure is separate from the respondent’s Answer period.

Source guide · No automated date

Check the applicable procedure

The Secretariat fixes the cure period. Article 5(4) supplies no universal number of days. Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date. The filing fee cure is separate from the respondent’s Answer period.

ICC Arbitration Rules 2026, Article 5(4)

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What is the ICC deadline to cure an unpaid filing fee?

The Secretariat fixes the cure period. Article 5(4) supplies no universal number of days. Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date.

Responsible actor. The claimant.

The Secretariat issues an actual payment direction after the filing fee has not been paid.

Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date.

The filing fee cure is separate from the respondent’s Answer period.

The claimant has filed a Request without paying the fee. Article 5(4) gives the Secretariat discretion to fix a cure period. The payment direction, rather than the filing date alone, establishes that period.

ICC Arbitration Rules 2026, Article 5(4)

How does this provision count time?

  1. Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date.
  2. Locate and retain payment confirmation and the secretariat’s actual cure direction.
  3. Check any later operative variation before relying on an earlier direction.
  4. Failure to pay by the fixed cure date closes the file, without preventing the same claims being submitted in a later Request.

Article 5(4) makes payment due with the Request and permits the Secretariat to fix a later cure period. Read that actual direction before counting any cure days. The filing date alone gives no numerical cure allowance.

Payment evidence and the cure direction determine what must reach ICC. If that direction fixes a day period, establish the country of deemed communication for Article 4. A calendar-date direction or bank transfer condition needs its own wording checked.

ICC Arbitration Rules 2026, Article 5(4)

Which facts prevent one automatic date?

The Secretariat fixes the cure period. Article 5(4) supplies no universal number of days. Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date. The filing fee cure is separate from the respondent’s Answer period.

ResultRead the operative provision and establish the applicable branch.

A Request arrives without the filing fee, but no cure direction is in the file. The claimant has filed a Request without paying the fee. Article 5(4) gives the Secretariat discretion to fix a cure period. The payment direction, rather than the filing date alone, establishes that period. No cure endpoint is established. Obtain the Secretariat’s actual direction; the fee was due with the Request.

A payment direction identifies a holiday endpoint in the recipient’s country. The claimant has filed a Request without paying the fee. Article 5(4) gives the Secretariat discretion to fix a cure period. The payment direction, rather than the filing date alone, establishes that period. Preserve the direction and determine whether it fixes a calendar date or a period subject to Article 4. Do not substitute the seat’s holidays.

The claimant pays after the directed period and the file has closed. The claimant has filed a Request without paying the fee. Article 5(4) gives the Secretariat discretion to fix a cure period. The payment direction, rather than the filing date alone, establishes that period. Review actual closure and payment records. Article 5(4) permits a later Request but does not automatically revive this closed file.

Which conditions and exceptions apply?

Actual operative procedure
Pay the filing fee with the Request. If payment is missing, read the actual Secretariat direction before identifying the cure date.
Separate procedural clock
The filing fee cure is separate from the respondent’s Answer period.
ICC Arbitration Rules 2026, Article 5(4)
  • The claimant has filed a Request without paying the fee. Article 5(4) gives the Secretariat discretion to fix a cure period. The payment direction, rather than the filing date alone, establishes that period.
  • The filing fee cure is separate from the respondent’s Answer period.

What must the responsible actor complete?

Questions about this procedure

What is the ICC deadline to cure an unpaid filing fee?

Does filing the Request automatically create a fixed cure period?

No. The fee accompanies the Request. A later cure period depends on the Secretariat fixing one.

ICC Arbitration Rules 2026, Article 5(4)

Can I assume I have 30 days to pay?

No. Article 5(4) does not set a 30-day cure period.

ICC Arbitration Rules 2026, Article 5(4)

What happens if I miss the fixed payment date?

The file closes. Article 5(4) preserves the ability to submit the same claims in another Request.

ICC Arbitration Rules 2026, Article 5(4)

Does closure decide the merits of my claims?

The rule expressly allows a later Request. File closure is distinct from an award deciding the claims.

ICC Arbitration Rules 2026, Article 5(4)

Which document establishes the payment date?

The actual Secretariat payment direction, read together with any effective modification, establishes the cure period.

ICC Arbitration Rules 2026, Article 5(4)

Is paying the fee the same as sending the Request to the respondent?

No. Article 5(5) states that the Secretariat transmits the Request after receiving the required filing fee.

ICC Arbitration Rules 2026, Article 5(5)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
ICC Arbitration Rules 2026, Article 5(4)Check the identified procedure, event, counting rule or qualification
ICC Arbitration Rules 2026, Articles 1(2), 3(5) and 4Check the identified procedure, event, counting rule or qualification
ICC Arbitration Rules 2026, Article 5(5)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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