ICC arbitration · Governing Rules and actual communication country
When must an agreed procedure nominate the ICC tribunal president?
An agreed procedure for nominating the third arbitrator ordinarily has 30 days from confirmation or appointment of the co-arbitrators. Another period agreed by the parties or fixed by the Secretariat replaces that default. If the procedure does not produce a nomination, the Court appoints the tribunal president.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- Confirmation or appointment of the co-arbitrators under the established agreed procedure
- Rule
- ICC Arbitration Rules 2026, Article 13(6)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This concerns selection of the tribunal president, not a challenge against that arbitrator after appointment.
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When must an agreed procedure nominate the ICC tribunal president?
An agreed procedure for nominating the third arbitrator ordinarily has 30 days from confirmation or appointment of the co-arbitrators. Another period agreed by the parties or fixed by the Secretariat replaces that default. If the procedure does not produce a nomination, the Court appoints the tribunal president.
Responsible actor. The persons responsible under the parties’ agreed nomination procedure.
Confirmation or appointment of the co-arbitrators under the established agreed procedure
Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model.
This concerns selection of the tribunal president, not a challenge against that arbitrator after appointment.
Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model.
ICC Arbitration Rules 2026, Article 13(6)How does this provision count time?
- Identify confirmation or appointment of the co-arbitrators under the established agreed procedure.
- Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model.
- Complete the nomination under the agreed procedure for confirmation, rather than treating a proposed candidate or the first co-arbitrator’s nomination as completion.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Confirmation or appointment of the co-arbitrators under the established agreed procedure. 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.
Complete the nomination under the agreed procedure for confirmation, rather than treating a proposed candidate or the first co-arbitrator’s nomination as completion. 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 13(6)What do independently checked examples show?
Fictitious example
The persons responsible under the parties’ agreed nomination procedure. Confirmation or appointment of the co-arbitrators under the established agreed procedure is established on October 06, 2026. Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model. 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 persons responsible under the parties’ agreed nomination procedure. Confirmation or appointment of the co-arbitrators under the established agreed procedure is established on October 06, 2026. Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model. 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 persons responsible under the parties’ agreed nomination procedure. Confirmation or appointment of the co-arbitrators under the established agreed procedure is established on October 09, 2026. Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model. 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 persons responsible under the parties’ agreed nomination procedure. Confirmation or appointment of the co-arbitrators under the established agreed procedure is established on October 12, 2026. Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model. 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
- Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model.
- Completion requirement
- Complete the nomination under the agreed procedure for confirmation, rather than treating a proposed candidate or the first co-arbitrator’s nomination as completion.
- Both co-arbitrators’ confirmation or appointment status and the actual nomination mechanism must be established. A different agreed or Secretariat period is outside the ordinary thirty-day model.
- This concerns selection of the tribunal president, not a challenge against that arbitrator after appointment.
What must the responsible actor complete?
Questions about this procedure
When must an agreed procedure nominate the ICC tribunal president?
Must an alternative appointment procedure exist?
Yes. Article 13(6) addresses the procedure agreed by the parties instead of direct Court appointment of the third arbitrator.
ICC Arbitration Rules 2026, Article 13(6)Does the first party nomination start this period?
No. The rule refers to confirmation or appointment of the co-arbitrators. Preserve the relevant completed constitution events.
ICC Arbitration Rules 2026, Article 13(6)Can the parties agree a different period?
Yes. Article 13(6) expressly recognizes another period agreed by the parties.
ICC Arbitration Rules 2026, Article 13(6)Can the Secretariat fix a different period?
Yes. The provision also recognizes a time limit fixed by the Secretariat.
ICC Arbitration Rules 2026, Article 13(6)What happens if the agreed mechanism produces no nomination?
The Court appoints the third arbitrator who acts as tribunal president.
ICC Arbitration Rules 2026, Article 13(6)Is the nominee already the tribunal president?
Nomination remains subject to confirmation under Article 14. A proposed name is not proof of completed appointment.
ICC Arbitration Rules 2026, Article 14Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 13(6) | 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, Article 14 | Check the identified procedure, event, counting rule or qualification |