ICC arbitration · Governing Rules and actual communication country
How long does ICC allow before withdrawing claims for nonpayment?
The fixed period must be at least 15 days. Fifteen days is a minimum, not every case’s actual deadline. Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period.
- Period
- The fixed period must be at least 15 days. Fifteen days is a minimum, not every case’s actual deadline.
- Trigger
- After consultation with the tribunal, the Secretary General directs suspension and fixes the period.
- Rule
- ICC Arbitration Rules 2026, Article 40(9)
The 2026 Rules apply from actual commencement on or after June 1, 2026 unless an earlier edition was agreed. This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
Source guide · No automated date
Check the applicable procedure
The fixed period must be at least 15 days. Fifteen days is a minimum, not every case’s actual deadline. Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period. This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
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How long does ICC allow before withdrawing claims for nonpayment?
The fixed period must be at least 15 days. Fifteen days is a minimum, not every case’s actual deadline. Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period.
Responsible actor. The party whose claims are affected by the unpaid advance.
After consultation with the tribunal, the Secretary General directs suspension and fixes the period.
Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period.
This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
After consulting the tribunal, the Secretary General may suspend work and fix a period of at least fifteen days before relevant claims are considered withdrawn. Article 40(9) does not make the minimum the actual date. An objection request must be made within the period fixed.
ICC Arbitration Rules 2026, Article 40(9)How does this provision count time?
- Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period.
- Locate and retain advance assessment, suspension direction, affected claims and actual objection or payment records.
- Check any later operative variation before relying on an earlier direction.
- At expiry, the relevant claims are considered withdrawn. An objection requesting a Court decision must be made within the fixed period.
Article 40(9) requires the Secretary General’s fixed period to be at least fifteen days. The minimum is not the actual withdrawal endpoint. An objection request must be made within that same fixed period, before a later withdrawal event.
Identify the Secretary General’s actual suspension direction, its affected claims and deemed-communication country. Article 4 may alter a fixed period’s commencement and expiry. The statutory fifteen-day floor alone cannot identify either date.
ICC Arbitration Rules 2026, Article 40(9)Which facts prevent one automatic date?
The fixed period must be at least 15 days. Fifteen days is a minimum, not every case’s actual deadline. Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period. This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
The Secretary General fixes twenty-one days after nonpayment of the advance. After consulting the tribunal, the Secretary General may suspend work and fix a period of at least fifteen days before relevant claims are considered withdrawn. Article 40(9) does not make the minimum the actual date. An objection request must be made within the period fixed. Use the actual twenty-one-day period, not a substituted fifteen-day minimum. Identify the claims affected by the direction.
The direction’s period runs across a holiday in the communication country. After consulting the tribunal, the Secretary General may suspend work and fix a period of at least fifteen days before relevant claims are considered withdrawn. Article 40(9) does not make the minimum the actual date. An objection request must be made within the period fixed. Establish Article 4 commencement and expiry from the actual communication. The minimum alone cannot identify a deadline.
The affected party wishes to object to the suspension or withdrawal measure. After consulting the tribunal, the Secretary General may suspend work and fix a period of at least fifteen days before relevant claims are considered withdrawn. Article 40(9) does not make the minimum the actual date. An objection request must be made within the period fixed. Request a Court decision within the same actual period under Article 40(9). Do not wait for a new period after withdrawal.
Which conditions and exceptions apply?
- Actual operative procedure
- Read the Secretary General’s actual direction and identify the affected claims. Do not substitute the minimum for the fixed period.
- Separate procedural clock
- This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
- After consulting the tribunal, the Secretary General may suspend work and fix a period of at least fifteen days before relevant claims are considered withdrawn. Article 40(9) does not make the minimum the actual date. An objection request must be made within the period fixed.
- This advance-on-costs branch differs from filing fee cure and emergency arbitrator increased-costs payment.
What must the responsible actor complete?
Questions about this procedure
How long does ICC allow before withdrawing claims for nonpayment?
Is the suspension deadline always 15 days?
No. Article 40(9) requires a period of at least 15 days. The Secretary General fixes the actual period.
ICC Arbitration Rules 2026, Article 40(9)Who directs suspension?
The Secretary General may direct the tribunal to suspend after consulting it.
ICC Arbitration Rules 2026, Article 40(9)What happens when the fixed period expires?
The relevant claims are considered withdrawn under Article 40(9).
ICC Arbitration Rules 2026, Article 40(9)When must an objection be made?
A party wishing to object must request a Court decision within that same fixed period.
ICC Arbitration Rules 2026, Article 40(9)Does withdrawal prevent claims being brought again?
Article 40(9) preserves the ability to reintroduce the same claims in another proceeding.
ICC Arbitration Rules 2026, Article 40(9)Can the fifteen-day minimum establish the actual withdrawal date?
No. The Secretary General fixes the actual period. Identify that direction and its affected claims before recording an expiry.
ICC Arbitration Rules 2026, Article 40(9)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Article 40(9) | 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 |