ICC arbitration · Governing Rules and actual communication country
Can a party add ICC claims after the initial CMC?
After the initial CMC, a new claim requires tribunal authorization. This is an event cutoff, not a fixed day period. Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies.
- Period
- After the initial CMC, a new claim requires tribunal authorization. This is an event cutoff, not a fixed day period.
- Trigger
- The initial case management conference has occurred.
- Rule
- ICC Arbitration Rules 2026, Article 25
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
Source guide · No automated date
Check the applicable procedure
After the initial CMC, a new claim requires tribunal authorization. This is an event cutoff, not a fixed day period. Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies. The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
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Can a party add ICC claims after the initial CMC?
After the initial CMC, a new claim requires tribunal authorization. This is an event cutoff, not a fixed day period. Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies.
Responsible actor. A party wishing to bring a new claim.
The initial case management conference has occurred.
Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies.
The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
The 2026 initial CMC has occurred and a party proposes a new claim. Article 25 requires tribunal authorization after that event. The actual CMC record and proposed claim determine this restriction, rather than a date counted from the Request.
ICC Arbitration Rules 2026, Article 25How does this provision count time?
- Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies.
- Locate and retain actual initial cmc record, proposed claim and tribunal authorization.
- Check any later operative variation before relying on an earlier direction.
- The tribunal considers the claim’s nature, the stage of the arbitration, cost implications and other relevant circumstances when deciding authorization.
The 2026 Article 25 restriction begins after the actual initial CMC. It is an event cutoff requiring authorization for new claims, not a thirty-day period. The 2021 Article 23(4) Terms of Reference event belongs to a different edition.
A holiday after the initial CMC does not undo the fact that the conference occurred. Article 25’s authorization requirement is attached to that actual event. Review the tribunal’s permission rather than rolling a fictional filing allowance.
ICC Arbitration Rules 2026, Article 25Which facts prevent one automatic date?
After the initial CMC, a new claim requires tribunal authorization. This is an event cutoff, not a fixed day period. Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies. The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
A party proposes a new claim after the initial CMC. The 2026 initial CMC has occurred and a party proposes a new claim. Article 25 requires tribunal authorization after that event. The actual CMC record and proposed claim determine this restriction, rather than a date counted from the Request. Seek tribunal authorization under Article 25. A calendar calculation cannot establish that authorization.
The CMC occurred before a holiday and the new claim is proposed on the following business day. The 2026 initial CMC has occurred and a party proposes a new claim. Article 25 requires tribunal authorization after that event. The actual CMC record and proposed claim determine this restriction, rather than a date counted from the Request. The restriction attaches after the actual CMC. A holiday does not itself postpone this event cutoff.
A 2021 standard case has signed or Court-approved Terms of Reference. The 2026 initial CMC has occurred and a party proposes a new claim. Article 25 requires tribunal authorization after that event. The actual CMC record and proposed claim determine this restriction, rather than a date counted from the Request. Review 2021 Article 23(4), which uses that older event. Do not replace it with the 2026 CMC cutoff.
Which conditions and exceptions apply?
- Actual operative procedure
- Identify the completed initial CMC and the proposed new claim. Seek authorization where Article 25 applies.
- Separate procedural clock
- The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
- The 2026 initial CMC has occurred and a party proposes a new claim. Article 25 requires tribunal authorization after that event. The actual CMC record and proposed claim determine this restriction, rather than a date counted from the Request.
- The 2026 cutoff uses the initial CMC. Do not substitute the older Terms of Reference procedure without checking the governing edition.
What must the responsible actor complete?
Questions about this procedure
Can a party add ICC claims after the initial CMC?
What is the 2026 cutoff for making a new claim?
After the initial CMC, Article 25 requires tribunal authorization.
ICC Arbitration Rules 2026, Article 25Can I calculate this cutoff by adding 30 days?
No. The cutoff is tied to the actual initial CMC, rather than a period starting on the Request date.
ICC Arbitration Rules 2026, Article 25Are all later new claims prohibited?
No. The tribunal may authorize a new claim after considering the factors in Article 25.
ICC Arbitration Rules 2026, Article 25What factors does the tribunal consider?
The rule identifies the new claim’s nature, procedural stage, cost implications and other relevant circumstances.
ICC Arbitration Rules 2026, Article 25Is the Terms of Reference date the current cutoff?
The 2026 provision uses the initial CMC. An earlier governing edition needs separate review.
ICC Arbitration Rules 2021, Articles 23(4) and 24What should I preserve?
Preserve the CMC record, the proposed new claim, the authorization request and the tribunal’s actual decision.
ICC Arbitration Rules 2026, Article 25Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 25 | 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 2021, Article 23(4) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2021, Articles 23(4) and 24 | Check the identified procedure, event, counting rule or qualification |