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ICC arbitration · Governing Rules and actual communication country

When must the tribunal submit its draft post-award decision?

The tribunal ordinarily must submit its draft decision to the Court no later than 30 days after the comments-receipt period expires. The Secretary General may decide another period. Actual early submission of comments does not replace expiry of the period that was granted.

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Period
30 calendar days under the established ordinary branch.
Trigger
Expiry of the actual time limit for receipt of the other parties’ comments
Rule
ICC Arbitration Rules 2026, Article 39(4)
ICC Arbitration Rules 2026, Article 39(4)

The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. This is the tribunal’s post-comments submission clock. The party’s original application and HEAP seven-day draft clock are distinct.

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When must the tribunal submit its draft post-award decision?

The tribunal ordinarily must submit its draft decision to the Court no later than 30 days after the comments-receipt period expires. The Secretary General may decide another period. Actual early submission of comments does not replace expiry of the period that was granted.

Responsible actor. The tribunal deciding a correction, interpretation or additional-award application.

Expiry of the actual time limit for receipt of the other parties’ comments

Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days.

This is the tribunal’s post-comments submission clock. The party’s original application and HEAP seven-day draft clock are distinct.

Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days.

ICC Arbitration Rules 2026, Article 39(4)

How does this provision count time?

  1. Identify expiry of the actual time limit for receipt of the other parties’ comments.
  2. Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days.
  3. Submit the decision in draft form to the Court. A correction or interpretation takes the form of an addendum; a successful omitted-claim application produces an additional award.
  4. Retain the actual communication and the established relevant country calendar before recording the expiry.

Expiry of the actual time limit for receipt of the other parties’ comments. 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 decision in draft form to the Court. A correction or interpretation takes the form of an addendum; a successful omitted-claim application produces an additional award. 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 39(4)

What do independently checked examples show?

Fictitious example

The tribunal deciding a correction, interpretation or additional-award application. Expiry of the actual time limit for receipt of the other parties’ comments is established on October 06, 2026. Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The comments period expires on the entered date even though a response arrived earlier.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThe tribunal deciding a correction, interpretation or additional-award application. Expiry of the actual time limit for receipt of the other parties’ comments is established on October 06, 2026. Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The comments period expires on the entered date even though a response arrived earlier. 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 boundaryThe tribunal deciding a correction, interpretation or additional-award application. Expiry of the actual time limit for receipt of the other parties’ comments is established on October 09, 2026. Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The comments period expires on the entered date even though a response arrived earlier. 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 branchThe tribunal deciding a correction, interpretation or additional-award application. Expiry of the actual time limit for receipt of the other parties’ comments is established on October 12, 2026. Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days. The ordinary period applies without a different direction. Relevant deemed communication is independently established in metropolitan France outside Alsace-Moselle. The comments period expires on the entered date even though a response arrived earlier. 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
Example resultThursday, November 5, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Established ordinary branch
Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days.
Completion requirement
Submit the decision in draft form to the Court. A correction or interpretation takes the form of an addendum; a successful omitted-claim application produces an additional award.
ICC Arbitration Rules 2026, Article 39(4)
  • Establish the actual operative comments expiry and absence of a different Secretary General period. The comments period itself is fixed by the tribunal, normally not exceeding thirty days.
  • This is the tribunal’s post-comments submission clock. The party’s original application and HEAP seven-day draft clock are distinct.

What must the responsible actor complete?

Questions about this procedure

When must the tribunal submit its draft post-award decision?

Does the draft period start when the application is filed?

No. Article 39(4) uses expiry of the time limit for receiving the other parties’ comments.

ICC Arbitration Rules 2026, Article 39(4)

What if the other party comments early?

The specified event remains expiry of the granted comment period unless an operative direction changes the timetable.

ICC Arbitration Rules 2026, Article 39(4)

Can the Secretary General substitute another period?

Yes. Article 39(4) expressly permits another period decided by the Secretary General.

ICC Arbitration Rules 2026, Article 39(4)

Where is the draft decision submitted?

The rule requires submission in draft form to the Court.

ICC Arbitration Rules 2026, Article 39(4)

Does every post-award decision have the same form?

Correction or interpretation becomes an addendum; granting an Article 39(3) application becomes an additional award.

ICC Arbitration Rules 2026, Article 39(4)

What is the HEAP draft submission period?

Appendix VI Article 7(5) ordinarily substitutes seven days from comment-period expiry, subject to another Secretary General period.

ICC Arbitration Rules 2026, Article 39(4)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
ICC Arbitration Rules 2026, Article 39(4)Check the identified procedure, event, counting rule or qualification
ICC Arbitration Rules 2026, Articles 1(2), 3(5) and 4Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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