ICC arbitration · Governing Rules and actual communication country
When must a HEAP respondent provide preliminary information?
A HEAP respondent must provide the specified preliminary information to the Secretariat within 20 days after receiving the Request and Statement of Claim. The thirty-day Answer and Statement of Defence remains a separate filing. Extensions under Article 2 require the parties’ agreement.
- Period
- 20 calendar days under the established ordinary branch.
- Trigger
- Actual receipt from the Secretariat of the Request and Statement of Claim
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The preliminary-information and HEAP joint-nomination periods are both twenty days but impose different acts on different actors.
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When must a HEAP respondent provide preliminary information?
A HEAP respondent must provide the specified preliminary information to the Secretariat within 20 days after receiving the Request and Statement of Claim. The thirty-day Answer and Statement of Defence remains a separate filing. Extensions under Article 2 require the parties’ agreement.
Responsible actor. The respondent in a Highly Expedited Arbitration.
Actual receipt from the Secretariat of the Request and Statement of Claim
Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP.
The preliminary-information and HEAP joint-nomination periods are both twenty days but impose different acts on different actors.
Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP.
ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)How does this provision count time?
- Identify actual receipt from the Secretariat of the Request and Statement of Claim.
- Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP.
- Provide identity and representation details, appointment observations where joint nomination fails, procedural proposals and the information required by Articles 12(5)–(6).
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Actual receipt from the Secretariat of the Request and Statement of Claim. 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.
Provide identity and representation details, appointment observations where joint nomination fails, procedural proposals and the information required by Articles 12(5)–(6). 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(4) and (8)What do independently checked examples show?
Fictitious example
The respondent in a Highly Expedited Arbitration. Actual receipt from the Secretariat of the Request and Statement of Claim is established on October 06, 2026. Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP. 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 respondent in a Highly Expedited Arbitration. Actual receipt from the Secretariat of the Request and Statement of Claim is established on October 06, 2026. Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP. 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 respondent in a Highly Expedited Arbitration. Actual receipt from the Secretariat of the Request and Statement of Claim is established on October 09, 2026. Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP. 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 respondent in a Highly Expedited Arbitration. Actual receipt from the Secretariat of the Request and Statement of Claim is established on October 22, 2026. Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP. 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
- Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP.
- Completion requirement
- Provide identity and representation details, appointment observations where joint nomination fails, procedural proposals and the information required by Articles 12(5)–(6).
- Establish agreement to HEAP and the Secretariat’s actual Request and Statement of Claim communication. Ordinary expedited applicability alone does not establish HEAP.
- The preliminary-information and HEAP joint-nomination periods are both twenty days but impose different acts on different actors.
What must the responsible actor complete?
Questions about this procedure
When must a HEAP respondent provide preliminary information?
Is preliminary information the full HEAP defence?
No. Article 2(5) separately requires the Answer and Statement of Defence within thirty days.
ICC Arbitration Rules 2026, Appendix VI Article 2(5)Who receives the preliminary information?
Appendix VI Article 2(4) requires provision to the Secretariat.
ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)Are arbitrator-selection proposals included?
Yes, where the parties cannot jointly nominate the sole arbitrator, the respondent provides observations or proposals about appointment.
ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)Can the Secretariat extend this period unilaterally?
Article 2(8) provides that Article 2 periods are not extended unless the parties agree.
ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)Does ordinary expedited eligibility establish HEAP?
No. Article 33 requires all parties to agree to the highly expedited provisions.
ICC Arbitration Rules 2026, Article 33What additional disclosure information is required?
Article 2(4) includes the information required by Articles 12(5)–(6), concerning relevant persons or entities and funding arrangements.
ICC Arbitration Rules 2026, Appendix VI Article 2(4) and (8)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 2(4) 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 |
| ICC Arbitration Rules 2026, Appendix VI Article 2(5) | Check the identified procedure, event, counting rule or qualification |
| ICC Arbitration Rules 2026, Article 33 | Check the identified procedure, event, counting rule or qualification |