1. Start with the Request and the First 30-Day Deadline
The 2026 ICC Rules apply to arbitrations begun on or after June 1, 2026, unless the parties chose Rules in force on an earlier date. Article 6 generally gives a respondent 30 days after receipt of the Request from the Secretariat to file its Answer.
Build the Answer Around the Dispute
The Answer should address the claims, relief, tribunal formation, and any counterclaims. If more time is needed, Article 6 allows an extension request that includes the required proposals on arbitrator selection.
- Confirm when the Request was received.
- Calendar the Answer and any extension request.
- Preserve jurisdictional and contract objections.
- Identify counterclaims and requested relief.
An International Arbitration review can connect the clause with the first filing choices.
2. Check Insurance and Preserve Evidence at the Outset
Insurance notice and evidence preservation run beside the ICC calendar. No ICC rule gives every policy a 30- or 60-day notice period, so the company should work from the policy language.
Keep Coverage Notice on Its Own Track
A Request or threatened claim may trigger notice duties under D&O, CGL, or other coverage. Arbitration dates do not replace policy notice terms.
- Identify potentially responsive policies.
- Review notice and reporting terms.
- Give notice in the required form.
- Preserve insurer communications.
A Business Insurance Recovery review can separate coverage issues from the merits.
3. Prepare for Tribunal Constitution and Early Case Management
The 2026 Rules no longer require Terms of Reference in standard cases. Article 24 instead requires an initial CMC within 30 days after the tribunal receives the file, subject to an extension by the Secretary General.
| Stage | Timing | Main Task |
|---|---|---|
| Answer | Generally 30 days | Respond and address counterclaims |
| Initial CMC | Within 30 days after file receipt | Set procedure and timetable |
| Evidence | Tribunal-set dates | Manage proof and witnesses |
| Post-Award | Depends on legal route | Plan confirmation or enforcement |
Answer
- TimingGenerally 30 days
- Main TaskRespond and address counterclaims
Initial CMC
- TimingWithin 30 days after file receipt
- Main TaskSet procedure and timetable
Evidence
- TimingTribunal-set dates
- Main TaskManage proof and witnesses
Post-Award
- TimingDepends on legal route
- Main TaskPlan confirmation or enforcement
Use the CMC to Set a Workable Timetable
The tribunal sets the procedural timetable at the CMC or soon after it. That case-specific schedule, not a generic 90-day rule, drives most later submissions.
- Map pleading and document phases.
- Set expert and witness dates.
- Address confidentiality and e-evidence.
- Flag hearing conflicts early.
4. Manage Evidence under Tribunal Orders
ICC cases do not impose one universal calendar for documents, experts, privilege logs, or witnesses. Tribunal orders, party agreements, and the governing procedure shape those duties.
Build One Record for Documents and Witnesses
The record is easier to use when documents, witnesses, and expert work follow one chronology. The IBA Rules on the Taking of Evidence do not automatically govern every ICC case.
- Preserve email, messages, and deal records.
- Track document sources and custodians.
- Address privilege before production.
- Match expert assumptions to the record.
A Commercial Arbitration review can help organize proof around the tribunal's timetable.
5. Prepare Witnesses Around the Hearing Calendar
There is no general ICC rule requiring every material witness to be disclosed exactly 60 days before a hearing. The procedural timetable and later tribunal orders control witness and expert dates.
Confirm Availability before Scheduling Gets Tight
Witness plans affect travel, interpretation, remote testimony, and hearing length. Early checks leave room to solve conflicts without turning logistics into a procedural fight.
- Match each witness to disputed facts.
- Confirm dates and logistical limits.
- Prepare witnesses under the orders.
- Update the tribunal when required.
6. Separate ICC Procedure from Court Proceedings
An ICC case does not automatically require a parallel court filing. Court involvement depends on jurisdiction, the relief sought, the Federal Arbitration Act, applicable state arbitration law, and the agreement.
Use Court Relief Only When Needed
Article 29 allows a party to seek interim or conservatory relief from a competent court in proper circumstances without treating the request itself as a waiver of arbitration.
- Confirm the court has jurisdiction.
- Identify the legal basis for relief.
- Check service and filing rules.
- Keep court and ICC dates separate.
7. Plan Award Recognition before the Hearing Ends
An award does not by itself reach assets. The next step depends on the award, court jurisdiction, the governing federal or state route, and where reachable property is located.
Keep Federal and State Confirmation Periods Separate
For an award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. §207 allows a federal confirmation application within three years after the award is made. CPLR §7510 separately provides one year after delivery for a state confirmation application.
- Classify the award before choosing a route.
- Identify a court with jurisdiction.
- Prepare the award and supporting papers.
- Anticipate available recognition defenses.
A Cross Border Disputes review can connect enforcement planning with asset locations.
8. Frequently Asked Questions
Can the ICC Secretariat extend the Answer deadline?
Yes. Article 6 allows an extension when the request includes the required observations or proposals on arbitrator selection and any required nomination.
Are ICC arbitration documents automatically confidential?
No. The tribunal may issue confidentiality orders, and an agreement or applicable law may add protection. The governing terms should be checked for the specific case.
Can a party seek interim court relief without abandoning arbitration?
Potentially. Article 29 permits an application to a competent judicial authority for interim or conservatory measures without treating that step itself as a waiver.
Can an ICC award be enforced against U.S. assets?
Potentially. The route depends on the award, court jurisdiction, service, governing law, available defenses, and where reachable assets are located.
9. Build the Case Calendar before Deadlines Drive the Case
SJKP's attorneys can review the clause, ICC deadlines, tribunal orders, evidence, hearing plans, and post-award steps as one case plan. An ICC international arbitration attorney in Manhattan can help separate institutional deadlines from court deadlines and keep the record aligned with the dispute strategy from the outset.
25 Aug, 2026
