ICC arbitration · Governing Rules and actual communication country
When must HEAP parties jointly nominate their sole arbitrator?
HEAP parties ordinarily have 20 days from the respondent’s receipt of the Request and Statement of Claim to jointly nominate the sole arbitrator. A longer period agreed by the parties changes that endpoint. Without joint nomination, the Court directly appoints the sole arbitrator.
- Period
- 20 calendar days under the established ordinary branch.
- Trigger
- The respondent’s actual receipt of the Request and Statement of Claim
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The respondent’s twenty-day preliminary information may include appointment observations, but it does not prove a joint nomination.
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When must HEAP parties jointly nominate their sole arbitrator?
HEAP parties ordinarily have 20 days from the respondent’s receipt of the Request and Statement of Claim to jointly nominate the sole arbitrator. A longer period agreed by the parties changes that endpoint. Without joint nomination, the Court directly appoints the sole arbitrator.
Responsible actor. All HEAP parties making a joint nomination.
The respondent’s actual receipt of the Request and Statement of Claim
Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch.
The respondent’s twenty-day preliminary information may include appointment observations, but it does not prove a joint nomination.
Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)How does this provision count time?
- Identify the respondent’s actual receipt of the Request and Statement of Claim.
- Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch.
- Complete a joint nomination of the sole arbitrator and preserve the relevant respondent receipt and any agreement extending the period.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The respondent’s actual receipt of the Request and Statement of Claim. For this 20-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.
Complete a joint nomination of the sole arbitrator and preserve the relevant respondent receipt and any agreement extending the period. 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 VI Article 4(1)–(2)What do independently checked examples show?
Fictitious example
All HEAP parties making a joint nomination. The respondent’s actual receipt of the Request and Statement of Claim is established on October 06, 2026. Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch. 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 | All HEAP parties making a joint nomination. The respondent’s actual receipt of the Request and Statement of Claim is established on October 06, 2026. Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch. 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 20 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 2. Closed-day boundary | All HEAP parties making a joint nomination. The respondent’s actual receipt of the Request and Statement of Claim is established on October 09, 2026. Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch. 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 20 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Saturday, October 31, 2026. Article 4(1) carries that closed final day to Monday, November 2, 2026. | Monday, November 2, 2026 |
| Example 3. Material procedural branch | All HEAP parties making a joint nomination. The respondent’s actual receipt of the Request and Statement of Claim is established on October 22, 2026. Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. Start on Friday, October 23, 2026. Count 20 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 all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch.
- Completion requirement
- Complete a joint nomination of the sole arbitrator and preserve the relevant respondent receipt and any agreement extending the period.
- Establish all-party HEAP agreement, the respondent’s operative receipt and absence of an agreed longer period. The thirty-day standard sole-arbitrator rule is not this HEAP branch.
- The respondent’s twenty-day preliminary information may include appointment observations, but it does not prove a joint nomination.
What must the responsible actor complete?
Questions about this procedure
When must HEAP parties jointly nominate their sole arbitrator?
Can HEAP use three arbitrators?
Appendix VI Article 4(1) requires the dispute to be decided by a sole arbitrator.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)Whose receipt starts the nomination period?
Article 4(2) uses the respondent’s receipt of the Request and Statement of Claim.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)Can the nomination period be longer than twenty days?
Yes. Article 4(2) recognizes a longer period agreed by the parties.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)What if one party sends only its preferred candidate?
The specified act is joint nomination. A unilateral proposal does not itself establish agreement.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)Who appoints when joint nomination fails?
The Court directly appoints a person it considers suitable as sole arbitrator.
ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2)Does the preliminary-information filing prove nomination?
No. Article 2(4) observations about appointment and an Article 4(2) joint nomination are different acts.
ICC Arbitration Rules 2026, Appendix VI Articles 2(4) and 4(2)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 4(1)–(2) | 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 VI Articles 2(4) and 4(2) | Check the identified procedure, event, counting rule or qualification |