ICC arbitration · Governing Rules and actual communication country
When is the ICC claimant’s reply to counterclaims due?
The claimant ordinarily has 30 days after receiving the counterclaims communicated by the Secretariat to submit its reply. Before the file reaches the tribunal, the Secretariat may extend that period. The original Request and the respondent’s drafting date do not start this clock.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- Actual receipt of counterclaims communicated by the Secretariat
- Rule
- ICC Arbitration Rules 2026, Article 6(5)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This reply follows the actual counterclaim communication. It is separate from the respondent’s Answer and the HEAP Statement of Counterclaim reply.
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When is the ICC claimant’s reply to counterclaims due?
The claimant ordinarily has 30 days after receiving the counterclaims communicated by the Secretariat to submit its reply. Before the file reaches the tribunal, the Secretariat may extend that period. The original Request and the respondent’s drafting date do not start this clock.
Responsible actor. The claimant answering counterclaims.
Actual receipt of counterclaims communicated by the Secretariat
Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review.
This reply follows the actual counterclaim communication. It is separate from the respondent’s Answer and the HEAP Statement of Counterclaim reply.
Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review.
ICC Arbitration Rules 2026, Article 6(5)How does this provision count time?
- Identify actual receipt of counterclaims communicated by the Secretariat.
- Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review.
- Submit the reply to counterclaims and observe the written-communication recipients in Article 3(3). Retain the Secretariat’s transmission and actual receipt evidence.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt of counterclaims communicated by the Secretariat. 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 reply to counterclaims and observe the written-communication recipients in Article 3(3). Retain the Secretariat’s transmission and actual receipt evidence. 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 6(5)What do independently checked examples show?
Fictitious example
The claimant answering counterclaims. Actual receipt of counterclaims communicated by the Secretariat is established on October 06, 2026. Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review. 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 counterclaims. Actual receipt of counterclaims communicated by the Secretariat is established on October 06, 2026. Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review. 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 claimant answering counterclaims. Actual receipt of counterclaims communicated by the Secretariat is established on October 09, 2026. Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review. 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 claimant answering counterclaims. Actual receipt of counterclaims communicated by the Secretariat is established on October 12, 2026. Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review. 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
- Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review.
- Completion requirement
- Submit the reply to counterclaims and observe the written-communication recipients in Article 3(3). Retain the Secretariat’s transmission and actual receipt evidence.
- Confirm that this is the standard counterclaim reply. HEAP has a separate twenty-day rule, and an effective extension or tribunal direction needs its own review.
- This reply follows the actual counterclaim communication. It is separate from the respondent’s Answer and the HEAP Statement of Counterclaim reply.
What must the responsible actor complete?
Questions about this procedure
When is the ICC claimant’s reply to counterclaims due?
Which receipt starts the reply period?
Receipt by the claimant of the counterclaims communicated by the Secretariat supplies the Article 6(5) event.
ICC Arbitration Rules 2026, Article 6(5)Who can extend the reply before file transmission?
The Secretariat may grant an extension before transmitting the file to the arbitral tribunal.
ICC Arbitration Rules 2026, Article 6(5)Does receipt of the original Request start the reply?
No. The relevant communication contains the counterclaims, which may arrive later.
ICC Arbitration Rules 2026, Article 6(5)Does HEAP also allow thirty days?
Appendix VI Article 2(7) ordinarily gives twenty days for the HEAP Reply to Counterclaim, subject to its specific alternatives.
ICC Arbitration Rules 2026, Appendix VI Article 2(7)Are intermediate weekends excluded?
No. Article 4 includes them after the commencement day has been established using the applicable communication country.
ICC Arbitration Rules 2026, Article 4(1)What should accompany the retained reply date?
Keep the Secretariat’s counterclaim communication, effective receipt, applicable edition and every extension or replacement direction.
ICC Arbitration Rules 2026, Article 6(5)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 6(5) | 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 VI Article 2(7) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 4(1) | Check the identified procedure, event, counting rule or qualification |