ICC arbitration · Governing Rules and actual communication country
How quickly does ICC appoint an emergency arbitrator?
The President appoints the emergency arbitrator as soon as possible, normally within two days after Secretariat receipt of the Application. Appendix IV Article 2(1) states a normal target. It does not guarantee an appointment by one computed date.
- Period
- Actual event, operative direction or qualified target. No universal fixed expiry.
- Trigger
- The Secretariat actually receives the emergency Application
- Rule
- ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
Source guide · No automated date
Check the applicable procedure
The President appoints the emergency arbitrator as soon as possible, normally within two days after Secretariat receipt of the Application. Appendix IV Article 2(1) states a normal target. It does not guarantee an appointment by one computed date. The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
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How quickly does ICC appoint an emergency arbitrator?
The President appoints the emergency arbitrator as soon as possible, normally within two days after Secretariat receipt of the Application. Appendix IV Article 2(1) states a normal target. It does not guarantee an appointment by one computed date.
Responsible actor. The President appointing an emergency arbitrator.
The Secretariat actually receives the emergency Application
The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)How does this provision count time?
- The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order.
- Retain the Application, requisite payment evidence and the President’s actual appointment notification. The emergency arbitrator is not appointed and the Application is not notified without the requisite payment under Appendix IV Article 8(1).
- The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
As soon as possible and normally within two days describe the appointment target. They do not establish an unconditional expiry or substitute for the actual appointment notification. The separate emergency Order period begins with actual file receipt.
An application arriving before a weekend still requires actual appointment and payment facts. Article 4 cannot turn a normal target into a guaranteed appointment date. Keep the actual notification before starting a challenge or Order-related clock.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)Which facts prevent one automatic date?
The President appoints the emergency arbitrator as soon as possible, normally within two days after Secretariat receipt of the Application. Appendix IV Article 2(1) states a normal target. It does not guarantee an appointment by one computed date. The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
A paid, eligible emergency Application reaches the Secretariat and no appointment has yet been notified. The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order. The normal two-day target is relevant, but only an actual appointment can establish who acts and when later events occur.
The Secretariat receives the emergency Application on Friday before a weekend. The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order. Do not guarantee a Monday or Tuesday appointment by arithmetic. Check the President’s actual action and the requisite payment.
The emergency Application arrives after the file has been transmitted to the main tribunal. The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order. Check the Article 2(2) appointment prohibition. A two-day target cannot establish eligibility despite that event.
Which conditions and exceptions apply?
- Operative procedural event
- The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order.
- The applicant needs urgent measures before tribunal constitution and must establish Appendix IV eligibility and payment. The normal two-day appointment target concerns the President, not the applicant’s later main Request or the arbitrator’s Order.
- The emergency Order’s fifteen-day period begins with the emergency arbitrator’s actual receipt of the file. It is different from the normal appointment target.
What must the responsible actor complete?
Questions about this procedure
How quickly does ICC appoint an emergency arbitrator?
Is the two-day appointment target guaranteed?
No. Appendix IV Article 2(1) requires appointment as soon as possible, normally within two days of Secretariat receipt.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)Does paying the emergency fee matter before appointment?
Yes. Appendix IV Article 8(1) states that the arbitrator is not appointed and the Application is not notified without the requisite payment.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)Can appointment still occur after the main tribunal receives the file?
Under Appendix IV Article 2(2), no emergency arbitrator shall be appointed after transmission of the file to the arbitral tribunal.
ICC Arbitration Rules 2026, Appendix IV Article 2(2)Which receipt starts the normal target?
Use the Secretariat’s receipt of the emergency Application. The arbitrator’s later file receipt is a separate event.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)Does the arbitration agreement always permit an emergency appointment?
No. Establish Appendix IV Article 1 eligibility, including the exclusions for pre-2012 agreements, opt-outs and treaty or investment-law agreements.
ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1)Does appointment itself start the fifteen-day Order period?
No. Appendix IV Article 6(4) uses the emergency arbitrator’s actual receipt of the file.
ICC Arbitration Rules 2026, Appendix IV Article 6(4)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix IV Articles 1, 2(1) and 8(1) | 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 IV Article 2(2) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Appendix IV Article 6(4) | Check the identified procedure, event, counting rule or qualification |