ICC arbitration · Governing Rules and actual communication country
When can a party request an ICC award on omitted claims?
A party may apply to the Secretariat for an additional award within 30 days after receiving the award where the tribunal omitted to decide claims made in the arbitration. This is not a new-claim procedure or a general opportunity to reconsider an unfavorable decision.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the award by that party
- Rule
- ICC Arbitration Rules 2026, Article 39(3)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. Correction repairs identified errors, interpretation explains the award, and an additional award addresses claims the tribunal failed to decide.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When can a party request an ICC award on omitted claims?
A party may apply to the Secretariat for an additional award within 30 days after receiving the award where the tribunal omitted to decide claims made in the arbitration. This is not a new-claim procedure or a general opportunity to reconsider an unfavorable decision.
Responsible actor. The party seeking an additional award.
Actual receipt of the award by that party
Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim.
Correction repairs identified errors, interpretation explains the award, and an additional award addresses claims the tribunal failed to decide.
Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim.
ICC Arbitration Rules 2026, Article 39(3)How does this provision count time?
- Identify actual receipt of the award by that party.
- Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim.
- Submit the additional-award application to the Secretariat and identify the claims actually presented but omitted from decision.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the award by that party. For this 30-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.
Submit the additional-award application to the Secretariat and identify the claims actually presented but omitted from decision. 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, Article 39(3)What do independently checked examples show?
Fictitious example
The party seeking an additional award. Actual receipt of the award by that party is established on October 06, 2026. Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim. 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 seeking an additional award. Actual receipt of the award by that party is established on October 06, 2026. Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim. 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 party seeking an additional award. Actual receipt of the award by that party is established on October 09, 2026. Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim. 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 party seeking an additional award. Actual receipt of the award by that party is established on October 12, 2026. Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim. 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 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 the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim.
- Completion requirement
- Submit the additional-award application to the Secretariat and identify the claims actually presented but omitted from decision.
- Establish the applicant’s award receipt and the omitted-claim basis. HEAP substitutes fourteen days; a decision rejecting a claim is not itself proof of an omitted claim.
- Correction repairs identified errors, interpretation explains the award, and an additional award addresses claims the tribunal failed to decide.
What must the responsible actor complete?
Questions about this procedure
When can a party request an ICC award on omitted claims?
Must the omitted claim already have been made?
Yes. Article 39(3) concerns claims made in the arbitral proceedings that the tribunal omitted to decide.
ICC Arbitration Rules 2026, Article 39(3)Can an additional award introduce a new claim?
No. The omitted-claim application is not a new-claim submission mechanism.
ICC Arbitration Rules 2026, Article 39(3)What event starts the thirty days?
Receipt of the award by the applying party supplies the stated event.
ICC Arbitration Rules 2026, Article 39(3)Is disagreeing with the merits enough?
The rule requires omission of a claim. An unfavorable decision alone does not establish that condition.
ICC Arbitration Rules 2026, Article 39(3)Who receives the application?
The application is submitted to the Secretariat under Article 39(3).
ICC Arbitration Rules 2026, Article 39(3)Does HEAP retain this thirty-day period?
Appendix VI Article 7(4) gives fourteen days for a party application under Article 39(3) where HEAP applies.
ICC Arbitration Rules 2026, Article 39(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 39(3) | 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 |