Published: 2026-02-27 00:00
Service of process and time limit calculation serve as the "blood vessels and clock" of international commercial arbitration proceedings. They ensure the parties' procedural rights, enhance procedural transparency, ensure orderly and timely presentation of case information among the parties, the arbitral tribunal, and the arbitral institution, and provide greater predictability regarding case milestones and timing through controlling procedural time limits. Article 45 of the ICDPASO Rules systematically establishes a comprehensive framework governing service validity and time limit calculation. On one hand, it clarifies the obligation to notify parties; on the other hand, through service mechanisms, it ensures parties' participation in arbitral proceedings and exercise of arbitral rights, particularly the rights to present statements and arguments. Article 41 of the Arbitration Law of the People's Republic of China (2025 Revision) provides: "Arbitration documents shall be served in a reasonable manner agreed by the parties; in the absence of such agreement or if the agreement is unclear, they shall be served in the manner prescribed by the arbitration rules." This provision establishes the service principle of "party autonomy priority, with arbitration rules serving as supplement." It not only reflects respect for parties' procedural choice but also provides a solid legal foundation and open space for procedural flexibility, adaptability, and innovation in arbitration practice (such as electronic service) by authorizing arbitration rules to specify service methods.
I.Text of Article 45 “Service of Process and Time Limit”
1.All notices, documents, correspondence and other materials relating to arbitration served by either party in accordance with these Rules shall be sent in writing to the other parties, the Arbitral Tribunal, the emergency arbitrator (if any) and the Arbitration Court at the same time.
2.Where a party has specifically designated an address for service purposes, or the Arbitral Tribunal has agreed to designate an address for such purposes, all notices, documents, correspondence and other materials relating to arbitration shall be served on the party at that address; service effected in this manner shall be deemed valid.
3.In the absence of a designated address or agreement on a designated address, service effected under the following circumstances shall be deemed valid:
(a) service effected at the party's place of business, registered address, residence, address indicated on identity card, address in household registration, address confirmed orally or in writing with the Arbitral Tribunal or the Arbitration Court, any valid address used externally, or address specified in the parties' agreement;
(b) where, after reasonable efforts, none of the above addresses can be located, service effected by mail, courier, or any other method providing delivery records to the party's last known place of business, registered address, residence, address indicated on identity card, address in household registration, address agreed by the parties, or other communication address. Where service is effected by electronic data message, if the recipient has designated a specific system for receiving data messages, the time when the data message enters that specific system shall be deemed valid service; if no specific system is designated, the time when the data message first enters any system of the recipient shall be deemed valid service.
4.Where the parties have agreed to serve documents on each other, in case of any dispute regarding the time of service, the Arbitral Tribunal or the Arbitration Court shall determine the time of service.
5.The time limit referred to in these Rules shall commence from the day following the date on which the relevant notice, document, correspondence or other material is deemed validly served.
If the expiration date of a time limit falls on a statutory holiday or non-business day at the place of service, the time limit shall be extended to the first subsequent business day; statutory holidays or non-business days occurring during the time limit shall be included in the calculation of the time limit under these Rules.
II. Core Elements and Juridical Analysis of Each Paragraph
(A) Article 45(1): Obligation of Simultaneous Service
For each document, a party shall simultaneously submit one copy in writing to the other parties, the Arbitral Tribunal, the Arbitration Court, and the emergency arbitrator (if any), totaling at least three copies. This provision establishes the principle of "simultaneous notification," a fundamental requirement of procedural fairness. It ensures that all procedural participants receive information concurrently, avoiding procedural unfairness or decision-making delays caused by information asymmetry.
This adopts internationally accepted practice. For instance, Article 17, Paragraph 4 of the UNCITRAL Arbitration Rules (2021)①, Article 3, Paragraph 1 of the ICC Arbitration Rules (2021)②, and Article 13.3 of the HKIAC Administered Arbitration Rules (2024)③ all explicitly impose on parties the obligation of "simultaneous copying." Any document submitted by a party to the arbitral tribunal must be sent simultaneously and equally to the opposing party. This emphasizes direct communication and information sharing between parties. This differs from the model in Chinese arbitration practice where the arbitral institution serves as a "forwarding station" for unified document receipt and distribution. The "forwarding station" model offers advantages of unified sending and receiving and procedural clarity, but may experience slight delays in document transmission speed. The international model adopted by the ICDPASO Rules focuses more on enhancing procedural efficiency, reducing institutional intermediation, and ensuring all parties receive information immediately, while imposing higher demands on parties' procedural awareness and cooperation capabilities. Paragraph (4) of this Article, concerning "service by the parties on each other," confirms and supplements parties' right to self-manage procedures.
(B) Article 45(2): Definition of Valid Service
This paragraph establishes the primacy of party autonomy in service matters. Once a party has specifically designated an address for service purposes, or the arbitral tribunal has agreed to designate an address, service to that address constitutes valid service. This is typically found in "service clauses" within contracts and serves as an effective means to prevent subsequent disputes over service.
In practice, it should be noted that the address designated by a party must be genuine, valid, and capable of actually receiving legal documents. In international arbitration, the purpose of designating an address is to facilitate communication, not to create procedural obstacles. When addressing service issues, domestic courts also conduct necessary review of addresses provided by parties to prevent a party from using false or undeliverable addresses (such as abandoned, non-operational business locations) to create situations where the other party is "absent," thereby undermining procedural fairness. Therefore, whether it is the arbitral tribunal or the arbitration court, when reviewing service validity, they generally apply the principle of good faith, conducting formal review of the address provided by the claimant, such as verifying whether it is the address specified in the contract or a publicly verifiable registered address. If doubts arise regarding the address, the arbitral tribunal may request the party to provide further explanation or supplementary contact information to ensure substantive fairness in service.
(C) Article 45(3): Supplementary Provisions on Valid Service
In the absence of a designated address by the party, the ICDPASO Commercial Arbitration Rules provide a structured and comprehensive supplementary service scheme. Its logical sequence reflects a progression from "primary addresses" to the "last known address."
Sub-paragraph (a) enumerates multiple addresses deemed valid by nature, such as a legal entity's place of business, registered address; an individual's residence, ID card address, household registration address; addresses confirmed orally or in writing, etc. The broad scope significantly reduces the risk of "service impossibility."
Sub-paragraph (b) establishes a catch-all provision, namely, when despite "reasonable efforts" service cannot be effected through the above addresses, service may be made to the "last known address." The key to this provision lies in the determination of "reasonable efforts," typically requiring the serving party to provide records of attempted contacts. Once this condition is met, service is deemed valid, effectively preventing parties from delaying proceedings by becoming "unreachable."
(D)Article 45(4): Specific Provisions on Electronic Service
Regarding electronic service, the ICDPASO Rules adopt the "receipt rule" as the standard for effectiveness: if a party designates a specific system, the document is deemed served when it enters that system; if not designated, the time when it first enters any system of the recipient prevails. This standard aligns with the definition of "written form" in Article 2(6)④, providing a clear and objective basis for determining the effective time.
This provision corresponds with Chinese judicial practice. Article 135 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China (2022 Amendment)⑤ similarly adopts "entry into the recipient's specific system" as the effectiveness standard for electronic service, based on the date when the system displays successful transmission. The ICDPASO Rules adopt the same logic, ensuring the legal validity of electronic documents while enhancing procedural predictability and efficiency through clear effective timing.
(E)Article 45(5): Specific Provisions on Service by the Parties
"Where the parties have agreed to serve documents on each other" refers to situations where, before the arbitration commences (typically in the arbitration agreement or underlying contract) or after commencement, the parties explicitly agree that all arbitration-related notices, documents, correspondence, etc., shall be sent first or directly by themselves to each other, rather than through the arbitral institution or tribunal. This reflects the parties' exercise of their right to self-manage procedures. They choose to bypass institutional intermediation and communicate directly to advance proceedings more quickly.
When disputes arise regarding service time under such party agreements, this paragraph grants discretion to the arbitral tribunal or arbitration court to determine the time of service, providing procedural safeguards and dispute resolution mechanisms for this flexible service method.
(F)Article 45(6): Rules for Calculating Time Limits
This paragraph establishes uniform rules for calculating time limits. The commencement point is the day following the date when a document is "deemed validly served." Regarding expiration, the rules explicitly provide that statutory holidays or non-business days during the time limit shall be included in the calculation. This avoids complications arising from interruptions due to holidays. Simultaneously, if the expiration date falls on a holiday, it is extended to the first subsequent business day. This provision aligns with the definition of “day” in Article 2(4)⑥, ensuring that parties enjoy full rights regarding time limits even when non-business days are involved.
III.Practical Advantages of this Article
First, it solidifies the procedural foundation. Through a multi-tiered service system, it ensures the validity of service, fundamentally preventing procedural delays, and lays the groundwork for arbitration stability and award finality.
Second, it enhances procedural efficiency. Clearly defined uniform rules for time limit calculation and the immediate effectiveness standard for electronic service reduce procedural uncertainty, ensuring efficient and predictable progress of the arbitration process.
Third, it balances procedural values. It respects party autonomy in choosing efficient service methods while granting the arbitral tribunal discretion to resolve potential disputes, skillfully balancing efficiency, flexibility, and procedural fairness.
Conclusion
Article 45 of the ICDPASO Rules is a meticulously designed, logically rigorous procedural provision. It successfully integrates modern communication methods with traditional service practices, incorporating internationally accepted principles while constructing a service and time limit calculation system characterized by certainty, efficiency, and inclusiveness through detailed address enumeration and catch-all provisions.
① UNCITRAL Arbitration Rules (2021), Article 17.4: "All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law."
② ICC Arbitration Rules (2021), Article 3.1: "Save as otherwise provided in Articles 4(4)(b) and 5(3), all pleadings and other written communications submitted by any party, as well as all documents annexed thereto, shall be sent to each party, each arbitrator, and the Secretariat. Any notification or communication from the arbitral tribunal to the parties shall also be sent in copy to the Secretariat."
③ HKIAC Administered Arbitration Rules (2024), Article 13.3: "Subject to Article 11.5, all written communications between any party and the arbitral tribunal shall be communicated to all other parties and HKIAC."
④ ICDPASO Commercial Arbitration Rules, Article 2 Definitions, Paragraph (6): The term “written form/in writing” refers to a form that is generated, sent, received or stored by all means of communication, including data messages, for future reference.
⑤ Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China (2022 Amendment), Article 135: "Electronic service may use specific systems capable of immediate receipt such as facsimile, email, mobile communication as the service medium. The date referred to in Article 90, Paragraph 2 of the Civil Procedure Law when the document reaches the recipient's specific system shall be the date when the corresponding system of the people's court displays successful transmission. However, if the recipient proves that the date when the document reached their specific system is inconsistent with the date displayed by the people's court's corresponding system, the date proved by the recipient shall prevail."
⑥ ICDPASO Commercial Arbitration Rules, Article 2 Definitions, Paragraph (5): The term “day” refers to a natural day, commencing from the next day of the time limit; if the expiration date of the time limit is a statutory holiday or non-business day in the seat of arbitration, the first business day thereafter shall be the expiration date of the time limit.
