SIAC Statement of Defence to Counterclaim (Memorial)

SIAC Rules (2025, 7th Edition) — Statement of Defence to Counterclaim

Archetype: Memorial

This is the Claimant/Counterclaim-Respondent's reply to the Respondent's Statement of Counterclaim, submitted under Rule 33.4. This document is structurally a defence responding to the counterclaim's factual allegations, and follows the same general traverse and three-way admission structure as a Statement of Defence, notwithstanding its different title.

Preliminary Matters

This arbitration may proceed under the Streamlined Procedure or the Expedited Procedure. If either applies, confirm the applicable timetable.

Jurisdiction Gate — Counterclaim. Rule 31.2(a) of the SIAC Rules (2025, 7th Edition) provides that an objection that the Tribunal does not have jurisdiction "with respect to a counterclaim" must be raised no later than in a Statement of Defence to a Counterclaim — the second limb of the jurisdictional-plea cut-off (the first limb, for the main claim, is the Statement of Defence itself). Any objection to the Tribunal's jurisdiction over the Counterclaim specifically must be raised in this document if not already raised.

STATEMENT OF DEFENCE TO COUNTERCLAIM

SIAC Case No.: [Insert case number, if assigned]

IN THE MATTER OF AN ARBITRATION UNDER THE SIAC RULES (2025, 7th EDITION)

BETWEEN

[Claimant's name] of

[Claimant's address]

("Claimant," "Counterclaim-Respondent")

— and —

[Respondent's name] of

[Respondent's address]

("Respondent," "Counterclaim-Claimant")

Submitted on behalf of the Claimant/Counterclaim-Respondent by: [Representative's title] [Representative's name]

Date: [Date]

Introduction

This Statement of Defence to Counterclaim is submitted pursuant to Rule 33.4, in reply to the Statement of Counterclaim.

Rule 33.4 requires: (a) a statement of facts supporting the defence; (b) legal grounds or arguments supporting the defence, cross-claim, or set-off; and (c) the relief sought. Section index: (I) Third-Party Funding Disclosure; (II) Jurisdiction (Counterclaim); (III) General Traverse; (IV) Paragraph-by-Paragraph Reply; (V) Rule 33.4(a) — Facts Supporting the Defence; (VI) Rule 33.4(b) — Legal Grounds, Cross-Claim, or Set-Off; (VII) Rule 33.4(c) — Relief Sought.

Third-Party Funding Disclosure

Pursuant to Rule 38.1 of the SIAC Rules (2025, 7th Edition), the Claimant/Counterclaim-Respondent discloses that no third-party funding agreement exists as at the date of this document.

Jurisdiction (Counterclaim)

No objection is raised to the Tribunal's jurisdiction over the Counterclaim.

General Traverse

Save as expressly admitted in this document, the Claimant/Counterclaim-Respondent denies each and every allegation made in the Statement of Counterclaim as if set out here and traversed individually.

Paragraph-by-Paragraph Reply

Facts Supporting the Defence

[Insert factual narrative supporting the defence to the counterclaim, cross-referenced to exhibits.]

Rule 33.4(b) — Legal Grounds, Cross-Claim, or Set-Off

Legal grounds in answer to the Counterclaim. [State the legal basis, with authorities.]

Set-Off / Cross-Claim. The Claimant/Counterclaim-Respondent pleads set-off/cross-claim in the amount of [amount] against any sum found due on the Counterclaim, pursuant to Rule 33.4(b). This is a separate set-off from any pleaded by the Respondent in its own Statement of Defence.

Relief Sought

The Claimant/Counterclaim-Respondent respectfully requests that the Tribunal: (a) DISMISS the Statement of Counterclaim in its entirety, alternatively in part; (b) GIVE EFFECT to the set-off/cross-claim pleaded above in the amount of [amount]; (c) ORDER the Respondent/Counterclaim-Claimant to pay the costs associated with the Counterclaim; and (d) GRANT such further or other relief as the Tribunal considers just.

Annexure Schedule

Pursuant to Rule 33.7 of the SIAC Rules (2025, 7th Edition), this submission shall be accompanied by copies of all supporting documents that have not previously been submitted by any party. The Tribunal may, after considering the views of the parties, further direct that this submission be accompanied by supporting witness statements and expert reports.

Signature Block

Respectfully submitted,

[Representative's title] [Representative's name]

On behalf of the Claimant/Counterclaim-Respondent Date: [Date]