ICC arbitration · Governing Rules and actual communication country
When must a party ask ICC to return case documents?
A party or arbitrator may request return of submitted documents in writing within 30 days after the specified Secretariat notification of withdrawal, final award or a subsequent addendum, decision or additional award. The rule preserves stated retention exceptions. It does not promise destruction of ICC’s archive or a reset for every unrelated message.
- Period
- 30 calendar days under the established ordinary branch.
- Trigger
- The relevant Secretariat withdrawal, final-award or subsequent award-decision notification
- Rule
- ICC Arbitration Rules 2026, Appendix II Article 5(2)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. ICC retention of awards, Court decisions and pertinent Secretariat correspondence under Article 5(1) is separate from return of submitted material under Article 5(2).
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When must a party ask ICC to return case documents?
A party or arbitrator may request return of submitted documents in writing within 30 days after the specified Secretariat notification of withdrawal, final award or a subsequent addendum, decision or additional award. The rule preserves stated retention exceptions. It does not promise destruction of ICC’s archive or a reset for every unrelated message.
Responsible actor. The party or arbitrator requesting return of submitted material.
The relevant Secretariat withdrawal, final-award or subsequent award-decision notification
Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event.
ICC retention of awards, Court decisions and pertinent Secretariat correspondence under Article 5(1) is separate from return of submitted material under Article 5(2).
Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event.
ICC Arbitration Rules 2026, Appendix II Article 5(2)How does this provision count time?
- Identify the relevant Secretariat withdrawal, final-award or subsequent award-decision notification.
- Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event.
- Make the written return request and pay the related return costs and expenses. Identify the requested material and the particular qualifying Secretariat notification.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
The relevant Secretariat withdrawal, final-award or subsequent award-decision notification. 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.
Make the written return request and pay the related return costs and expenses. Identify the requested material and the particular qualifying Secretariat notification. 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 II Article 5(2)What do independently checked examples show?
Fictitious example
The party or arbitrator requesting return of submitted material. The relevant Secretariat withdrawal, final-award or subsequent award-decision notification is established on October 06, 2026. Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The listed notification is final-award.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The party or arbitrator requesting return of submitted material. The relevant Secretariat withdrawal, final-award or subsequent award-decision notification is established on October 06, 2026. Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The listed notification is final-award. 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 or arbitrator requesting return of submitted material. The relevant Secretariat withdrawal, final-award or subsequent award-decision notification is established on October 09, 2026. Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The listed notification is withdrawal. 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 or arbitrator requesting return of submitted material. The relevant Secretariat withdrawal, final-award or subsequent award-decision notification is established on October 12, 2026. Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The listed notification is subsequent-addendum. 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 which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event.
- Completion requirement
- Make the written return request and pay the related return costs and expenses. Identify the requested material and the particular qualifying Secretariat notification.
- Establish which listed notification applies to the material and procedural stage. A party’s assumed case-closure date or an unrelated communication is not a listed event.
- ICC retention of awards, Court decisions and pertinent Secretariat correspondence under Article 5(1) is separate from return of submitted material under Article 5(2).
What must the responsible actor complete?
Questions about this procedure
When must a party ask ICC to return case documents?
Does an ordinary case-closure assumption start thirty days?
No. Appendix II Article 5(2) lists particular Secretariat notifications. Identify the actual qualifying notification.
ICC Arbitration Rules 2026, Appendix II Article 5(2)Must the return request be written?
Yes. The provision requires a written request by a party or arbitrator.
ICC Arbitration Rules 2026, Appendix II Article 5(2)Who pays return expenses?
The requesting party or arbitrator pays all related return costs and expenses.
ICC Arbitration Rules 2026, Appendix II Article 5(2)Will every submitted item be destroyed if nobody requests it?
The provision contains exceptions for legal obligations, research and administration or improvement of services.
ICC Arbitration Rules 2026, Appendix II Article 5(2)Does this remove awards from the Court archives?
No. Article 5(1) separately governs retained awards, Court decisions and pertinent Secretariat correspondence.
ICC Arbitration Rules 2026, Appendix II Article 5(2)What about hard copies sent despite an electronic-only request?
Article 5(3) permits immediate hard-copy destruction after ensuring an electronic copy is retained, where the stated conditions apply.
ICC Arbitration Rules 2026, Appendix II Article 5(2)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix II Article 5(2) | 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 |