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The arbitration response deadline depends on the rules your clause names. Under the ICC Rules, the respondent has 30 days from receipt of the Request from the Secretariat. The LCIA Rules require a Response within 28 days of the Commencement Date. Under the ICDR Rules, the Answer is due 30 days after the Administrator confirms receipt of the Notice.
A notice of arbitration starts a short clock. First, find the rules, the date of receipt and the person who can act. Then work out what the response must contain. This guide covers the arbitration response deadline under the main institutional rules, how to ask for more time, and what happens if you stay silent. It is general information, not legal advice.
How the Arbitration Response Deadline Works
Two documents open and answer a case. The claimant files a Request for Arbitration under the ICC and LCIA Rules. Under the ICDR and UNCITRAL Rules, it files a Notice of Arbitration. The respondent replies with an Answer (ICC and ICDR) or a Response (LCIA and UNCITRAL).
Which Rules Apply
Your arbitration clause decides which rules apply. The ICC 2026 Rules apply to arbitrations commenced on or after 1 June 2026 (Article 1(2)). Parties can agree to an earlier version, however. An arbitration commenced earlier generally falls under the Rules in effect on its start date. For example, the ICC 2021 Rules set the same 30-day limit in Article 5(1). For a closer look at clauses, see our guide on how an arbitration clause works.
When the Clock Starts
Each institution starts the clock at a different moment. The ICC counts from receipt of the Request from the Secretariat. The LCIA counts from the Commencement Date (Article 1.4). That is the day its Registrar receives the Request, once the registration fee has also arrived. The Registrar’s receipt sets that date, not the day the respondent reads the Request. Meanwhile, the ICDR counts from the date its Administrator confirms receipt of the Notice.
The table below compares the arbitration response deadline under the main rule sets and shows how each one allows the time to change.
| Rules | Filing | Time limit | Extension |
|---|---|---|---|
| ICC 2026, Art. 6(1)–(2) | Answer | 30 days from receipt of the Request from the Secretariat | Secretariat may extend if the application includes arbitrator observations and any required nomination |
| LCIA 2020, Arts. 2.1, 22.5 | Response | 28 days of the Commencement Date | LCIA Court may set a lesser or greater period |
| ICDR 2021, Art. 3 | Answer | 30 days after the Administrator confirms receipt of the Notice | Administrator, or tribunal once formed, may extend if justified (Art. 3.5) |
| UNCITRAL, Arts. 4(1), 17(2) | Response to the notice | 30 days of receipt of the notice | Tribunal may extend periods after inviting the parties’ views |
Holidays also matter. Under ICC Article 4(1), a period starts on the day after the communication is deemed made. Holidays count in the calculation. However, if the last day is an official holiday or non-business day, the period expires at the end of the first following business day. UNCITRAL Article 2(6) likewise starts its periods on the day after receipt.
What the Response Must Contain
The ICC Answer gives the respondent’s contact details and representatives. It also comments on the nature of the dispute and responds to the relief sought. Proposals on the number of arbitrators and their choice go in the same filing. So does any nomination the Rules require. Finally, the Answer addresses the place of arbitration, the applicable rules of law and the language (Article 6(1)).
An LCIA Response confirms or denies the claim and summarises the defence. It also indicates any counterclaim (Article 2.1(ii)–(iii)). In addition, it answers the Request’s procedural statement, including the seat, the language and the number of arbitrators (Article 2.1(iv)). A UNCITRAL response must address the agreement, the contract, the claim and the relief in the notice (Article 4(1)).
Counterclaims have their own timing. The ICC requires respondents to submit them with the Answer (Article 6(4)). The ICDR lets the respondent make them with its Answer (Article 3.2). They must carry the same information as a Notice (Article 3.3). In both systems, the claimant then has 30 days to reply (ICC Article 6(5); ICDR Article 3.2).
How to Extend the Arbitration Response Deadline
The ICC, LCIA and ICDR rules each allow an extension, but each attaches its own conditions. At the ICC, the Secretariat may extend the time for the Answer. However, the application must contain the respondent’s observations or proposals on the number of arbitrators and their choice. Where the Rules require it, the application must also nominate an arbitrator (Article 6(2)). If the respondent fails to do so, the Court proceeds under the Rules.
At the LCIA, the Court may set a lesser or greater period (Articles 2.1 and 22.5). It can act on a party’s application or on its own initiative. Nominations carry a separate risk. Under Article 2.4, failing to nominate or propose an arbitrator candidate within the time for the Response waives that opportunity irrevocably. Therefore, settle the nomination early.
At the ICDR, the Administrator may extend any Article 3 time limit if it considers the extension justified. Once a tribunal exists, the tribunal holds that power (Article 3.5). The UNCITRAL Rules give the extension power to the tribunal (Article 17(2)). However, no tribunal may exist yet when the response falls due.
What Happens If You Miss the Arbitration Response Deadline
Missing the arbitration response deadline does not stop the case. Under ICC Article 7(1), if a party does not submit an Answer, the arbitration proceeds. The tribunal then decides any question of jurisdiction. The Secretary General may instead refer the matter to the Court before the constitution of the tribunal. Likewise, under the ICDR Rules a failure to answer does not preclude the arbitration from proceeding (Article 3.6).
The UNCITRAL Rules point the same way. A missing, incomplete or late response does not hinder the constitution of the tribunal (Article 4(3)). At the LCIA, a late or missing Response does not by itself bar the respondent’s defences or counterclaims (Article 2.4). Still, the nomination waiver described above applies.
An award can follow even without the respondent’s participation. In the United States, a party may apply within three years to confirm a New York Convention award. The court “shall confirm the award” unless it finds a Convention ground for refusal (9 U.S.C. § 207). One ground is that the party was not given “proper notice” of the arbitration proceedings. Another limb covers a party “otherwise unable to present his case” (Convention Article V(1)(b)). The party resisting enforcement must furnish proof of that ground. For the enforcement side, see our guide to New York Convention enforcement.
Objecting to Jurisdiction Without Waiving the Objection
A respondent that disputes the arbitration agreement should raise the point early. UNCITRAL Article 23(2) requires a jurisdiction plea “no later than” the statement of defence. It also says a party may still raise the plea after appointing, or helping to appoint, an arbitrator. Meanwhile, the ICC Rules cover pleas on the existence, validity or scope of the agreement. Such a plea does not stop the case (Article 7(1)). If the Secretary General refers the matter, the Court decides whether and to what extent the arbitration proceeds. The case proceeds if the Court is prima facie satisfied that an agreement under the Rules may exist (Article 7(2)).
U.S. courts add a second layer. Suppose a party petitions to compel arbitration. If the making of the agreement is “in issue,” the court “shall proceed summarily to the trial thereof” (9 U.S.C. § 4). In First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995), the Supreme Court addressed who decides arbitrability. A court decides it independently unless the parties clearly agreed to submit that question to arbitrators. The Court added that merely arguing arbitrability to an arbitrator shows no clear willingness to be bound. Even so, whether a clause delegates arbitrability to the tribunal is a separate question. Therefore, obtain advice before you take part under reservation.
A 30-Day Checklist for Responding to a Notice of Arbitration
A short checklist keeps the first weeks on track. Adjust each date to the rules that apply to your arbitration response deadline.
- Record when and how the notice arrived, and who sent it.
- Read the arbitration clause and identify the institution and rules it names.
- Calendar the response date under those rules, including any holiday rule.
- Ask counsel whether an extension is available and what the application must include.
- Decide whom to nominate if the clause calls for party-nominated arbitrators.
- List any counterclaims, because some rules require them with the response.
- Preserve documents and notify any insurer whose policy may respond to the claim.
- Choose whether to object to jurisdiction, and raise the objection in time.
Common Mistakes When You Respond to a Notice of Arbitration
- Counting the arbitration response deadline from the wrong date. Each rule set names its own starting event, so confirm it before you calendar anything.
- Delaying the arbitrator nomination. The ICC extension depends on it, and the LCIA treats a missed nomination as a waiver.
- Saving counterclaims for later. The ICC requires respondents to submit them with the Answer (Article 6(4)).
- Ignoring the notice. The case continues without you, and a later award can reach a court for confirmation.
- Treating a jurisdiction objection as automatic. UNCITRAL Article 23(2) requires the plea no later than the statement of defence, so raise it early.
How Transnational Matters Handles This Stage
Transnational Matters PLLC is a Miami-based firm. Its lawyers act as counsel in ICC, ICDR and ICSID proceedings. They also appear in Florida federal and state courts and the Eleventh Circuit. At this stage the firm reviews the arbitration clause, confirms the rules and the deadline, and prepares the response. It also considers arbitrator nominations, any counterclaim and any objection to jurisdiction. Davy Karkason founded the firm and practices international arbitration and litigation. He is a member of The Florida Bar and is admitted to practice in the U.S. District Court for the Southern District of Florida. He is also an Associate of the Chartered Institute of Arbitrators.
Learn more about our international arbitration lawyers, or review the firm’s ICC arbitration, LCIA arbitration and ICDR arbitration pages. If the case also needs a Florida lawyer for court filings, see our guide to local counsel in Florida.
Frequently Asked Questions
The 2026 ICC Rules set 30 days from receipt of the Request from the Secretariat (Article 6(1)). The Secretariat may extend that time. However, the application must include the respondent’s observations on the arbitrators and any required nomination (Article 6(2)).
Often, yes. The ICC Secretariat, the LCIA Court and the ICDR Administrator can each extend the time, subject to conditions. Under the UNCITRAL Rules, the tribunal holds the power to extend periods (Article 17(2)). Therefore, ask early and include any nomination the rules require.
The case continues. The ICC and ICDR Rules say the arbitration proceeds without an Answer (ICC Article 7(1); ICDR Article 3.6). A U.S. court can later confirm an award under 9 U.S.C. § 207. A Convention ground, such as lack of proper notice, may block it.
Not necessarily. UNCITRAL Article 23(2) says a party may still raise a jurisdiction plea after appointing an arbitrator. In First Options v. Kaplan, the Supreme Court said that merely arguing arbitrability to an arbitrator shows no clear willingness to be bound. However, raise the objection promptly and take legal advice.
Conclusion
The arbitration response deadline is short, and the case continues if you miss it. Identify the rules, confirm the starting date, and prepare the nomination and any counterclaim early. Also decide whether to object to jurisdiction before the response falls due. Each step matters more once the clock is running.
Call 305.417.9866 or schedule a consultation to discuss a notice of arbitration you have received. If you are not ready to book a call, complete our case assessment questionnaire and we will review the matter before contacting you.
