ICC arbitration · Governing Rules and actual communication country
When must a HEAP tribunal submit its draft application decision?
The HEAP tribunal ordinarily must submit its draft decision to the Court within 7 days after the comments-receipt period expires. The Secretary General may decide another period. A normally fourteen-day comments ceiling does not establish the actual comments expiry.
- Period
- 7 calendar days under the established ordinary branch.
- Trigger
- Expiry of the actual comments-receipt period
- Rule
- ICC Arbitration Rules 2026, Appendix VI Article 7(5)
The 2026 Rules apply from commencement on or after June 1, 2026 unless an earlier edition was agreed. The standard post-comments draft period is thirty days. The HEAP provision shortens that separate tribunal clock to seven days.
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When must a HEAP tribunal submit its draft application decision?
The HEAP tribunal ordinarily must submit its draft decision to the Court within 7 days after the comments-receipt period expires. The Secretary General may decide another period. A normally fourteen-day comments ceiling does not establish the actual comments expiry.
Responsible actor. The HEAP tribunal deciding a post-award application.
Expiry of the actual comments-receipt period
Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event.
The standard post-comments draft period is thirty days. The HEAP provision shortens that separate tribunal clock to seven days.
Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)How does this provision count time?
- Identify expiry of the actual comments-receipt period.
- Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event.
- Submit the post-award decision in draft form to the Court after establishing the operative comments endpoint.
- Retain the actual communication and the established relevant country calendar before recording the expiry.
Expiry of the actual comments-receipt period. For this 7-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 post-award decision in draft form to the Court after establishing the operative comments endpoint. 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 7(5)What do independently checked examples show?
Fictitious example
The HEAP tribunal deciding a post-award application. Expiry of the actual comments-receipt period is established on October 06, 2026. Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event. 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.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The HEAP tribunal deciding a post-award application. Expiry of the actual comments-receipt period is established on October 06, 2026. Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event. 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 7 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Tuesday, October 13, 2026. That final day is open under the retained applicable calendar. | Tuesday, October 13, 2026 |
| Example 2. Closed-day boundary | The HEAP tribunal deciding a post-award application. Expiry of the actual comments-receipt period is established on October 09, 2026. Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event. 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 7 calendar days, including intermediate nonbusiness days. The independently enumerated last day is Sunday, October 18, 2026. Article 4(1) carries that closed final day to Monday, October 19, 2026. | Monday, October 19, 2026 |
| Example 3. Material procedural branch | The HEAP tribunal deciding a post-award application. Expiry of the actual comments-receipt period is established on November 04, 2026. Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event. 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 Thursday, November 5, 2026. Count 7 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 the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event.
- Completion requirement
- Submit the post-award decision in draft form to the Court after establishing the operative comments endpoint.
- Confirm the actual comment direction, expiry and absence of another Secretary General period. Early comments do not automatically bring forward the specified expiry event.
- The standard post-comments draft period is thirty days. The HEAP provision shortens that separate tribunal clock to seven days.
What must the responsible actor complete?
Questions about this procedure
When must a HEAP tribunal submit its draft application decision?
Does the seven days begin on the party’s application?
No. Appendix VI Article 7(5) uses expiry of the period for receipt of comments.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Can the Secretary General choose another period?
Yes. The provision expressly recognizes another period decided by the Secretary General.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Are comments always allowed fourteen days?
No. Fourteen days is the normal ceiling for the granted comments period, not a fixed period for every case.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)What if comments arrive before their deadline?
The specified draft-submission event remains expiry of the comments period unless a controlling direction changes it.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Who receives the draft decision?
The tribunal submits the decision in draft form to the Court.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Does this seven-day period also govern an own-initiative correction?
No. Appendix VI Article 7(3) separately provides twenty-one days from award notification for that correction.
ICC Arbitration Rules 2026, Appendix VI Article 7(5)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| ICC Arbitration Rules 2026, Appendix VI Article 7(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 |