ICC arbitration · Governing Rules and actual communication country
When must a HEAP claimant reply to the counterclaim?
The HEAP claimant ordinarily has 20 days after receiving the Statement of Counterclaim from the Secretariat to submit its reply. If the tribunal is already confirmed or appointed, it may determine another time. Establish that status and any different direction before using the default.
- Period
- 20 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of the Statement of Counterclaim from the Secretariat
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This HEAP reply differs from the standard thirty-day reply under Article 6(5), despite a similar Secretariat receipt event.
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When must a HEAP claimant reply to the counterclaim?
The HEAP claimant ordinarily has 20 days after receiving the Statement of Counterclaim from the Secretariat to submit its reply. If the tribunal is already confirmed or appointed, it may determine another time. Establish that status and any different direction before using the default.
Responsible actor. The claimant answering a HEAP Statement of Counterclaim.
Actual receipt of the Statement of Counterclaim from the Secretariat
The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage.
This HEAP reply differs from the standard thirty-day reply under Article 6(5), despite a similar Secretariat receipt event.
The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)How does this provision count time?
- Identify actual receipt of the Statement of Counterclaim from the Secretariat.
- The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage.
- Submit the Reply to Counterclaim with supporting facts, legal grounds and relief, accompanied by evidence to the extent possible.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of the Statement of Counterclaim from the Secretariat. 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.
Submit the Reply to Counterclaim with supporting facts, legal grounds and relief, accompanied by evidence to the extent possible. 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 2(7) and (8)What do independently checked examples show?
Fictitious example
The claimant answering a HEAP Statement of Counterclaim. Actual receipt of the Statement of Counterclaim from the Secretariat is established on October 06, 2026. The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage. 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 claimant answering a HEAP Statement of Counterclaim. Actual receipt of the Statement of Counterclaim from the Secretariat is established on October 06, 2026. The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage. 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 | The claimant answering a HEAP Statement of Counterclaim. Actual receipt of the Statement of Counterclaim from the Secretariat is established on October 09, 2026. The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage. 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 | The claimant answering a HEAP Statement of Counterclaim. Actual receipt of the Statement of Counterclaim from the Secretariat is established on October 22, 2026. The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage. 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
- The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage.
- Completion requirement
- Submit the Reply to Counterclaim with supporting facts, legal grounds and relief, accompanied by evidence to the extent possible.
- The twenty-day candidate applies only where no different tribunal period controls and no agreed extension changes it. Preserve the appointment or confirmation status at the relevant stage.
- This HEAP reply differs from the standard thirty-day reply under Article 6(5), despite a similar Secretariat receipt event.
What must the responsible actor complete?
Questions about this procedure
When must a HEAP claimant reply to the counterclaim?
Does HEAP use the standard thirty-day reply?
No. Appendix VI Article 2(7) ordinarily specifies twenty days.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)Can an appointed tribunal choose another reply period?
Yes. Article 2(7) allows another time determined by the tribunal if already confirmed or appointed.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)What event supplies the ordinary start?
Receipt of the Statement of Counterclaim from the Secretariat supplies the stated event.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)What must the reply contain?
It includes facts supporting the defence to the counterclaim, legal grounds and a statement of relief sought.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)Should evidence accompany the reply?
Article 2(7) requires accompanying evidence to the extent possible.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)Do agreed extensions remain relevant?
Yes. Article 2(8) separately permits extensions where the parties agree.
ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 2(7) and (8) | 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 |