STATEMENT OF REPLY TO THE DEFENCE TO COUNTERCLAIM
This template applies only where: (1) the Respondent has pleaded a Counterclaim in its Statement of Defence under Art. 15.3; and (2) the Claimant's Statement of Reply included a Statement of Defence to Counterclaim under Art. 15.4. This document is filed by the Respondent, as Counterclaim-Claimant.
LCIA Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE LCIA ARBITRATION RULES (2020)
BETWEEN
[Claimant's name]
[Claimant's address]
("Claimant," "Counterclaim-Respondent")
— and —
[Respondent's name]
[Respondent's address]
("Respondent," "Counterclaim-Claimant")
Submitted on behalf of the Respondent/Counterclaim-Claimant by: [Representative's title and name]
Date: [date]
Introduction
This Statement of Reply to the Defence to Counterclaim is submitted pursuant to Art. 15.5 of the LCIA Arbitration Rules (2020), in reply to the Statement of Defence to Counterclaim contained in the Claimant's Statement of Reply, within 28 days of the Respondent's receipt of that Statement of Reply.
This Reply addresses new matters raised in the Defence to Counterclaim, rather than re-arguing the Counterclaim in full.
This Statement of Reply to the Defence to Counterclaim is organised as follows: (I) Reply to the Defence to Counterclaim; (II) Relief Sought (Reaffirmed); (III) Annexure Schedule.
Save as the Tribunal may otherwise direct, this document is the last written statement to be filed in the arbitration, pursuant to Art. 15.6 of the LCIA Rules, and does not introduce new claims or defences outside the scope of the Counterclaim.
Reply to the Defence to Counterclaim
[Address new factual or legal matters raised in the Claimant's Defence to Counterclaim that were not already covered by the Respondent's Statement of Counterclaim, with authorities where required.]
[Respond to any affirmative defences or set-off pleaded by the Claimant against the Counterclaim, with authorities.]
Relief Sought (Reaffirmed)
The Respondent/Counterclaim-Claimant maintains its request that the Tribunal:
AWARD [counterclaim quantum amount] on the Counterclaim, or such other sum as the Tribunal considers appropriate;
AWARD interest as pleaded in the Statement of Defence/Counterclaim;
ORDER the Claimant/Counterclaim-Respondent to pay the costs associated with the Counterclaim; and
GRANT such further or other relief as the Tribunal considers just.
Annexure Schedule
All documents relied upon by the Respondent/Counterclaim-Claimant accompany this Statement of Reply to the Defence to Counterclaim, in accordance with Art. 15.5, as follows:
Exhibit No. | Description | Referenced at ¶ |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counterclaim-Claimant
Date: [date]
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