STATEMENT OF CLAIM
DIAC Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE DIAC ARBITRATION RULES 2022
BETWEEN
[Claimant's name]
[Claimant's address]
("Claimant")
— and —
[Respondent's name]
[Respondent's address]
("Respondent")
Submitted on behalf of the Claimant by: [Representative's title and name]
Date: [date]
This template numbers every paragraph, including optional ones, as though included. Delete any paragraph or clause that does not apply to this filing and renumber sequentially before submission.
Preliminary Matters
Include the following paragraph only if the Claimant elects, pursuant to Article 4.2, to include the Statement of Claim referred to in Article 24.1 as part of its Request:
The Claimant hereby elects to include, as part of its Request dated [date of the Request], the detailed statement of claim referred to in Article 24.1, so that the Request itself stands as the Statement of Claim, supplemented as set out below.
If the Statement of Claim is not filed with the Request, Article 24.1 requires the Claimant to submit it within such time as the Tribunal determines after consultation with the parties (including at the preliminary meeting under Article 23.3); there is no fixed default period.
Introduction
This Statement of Claim is submitted pursuant to Article 24.1 of the DIAC Arbitration Rules 2022 (the "Rules"), administered by the Dubai International Arbitration Centre ("DIAC").
Defined terms used in this Statement of Claim have the meanings given to them in the Request dated [date of the Request], unless otherwise defined herein.
Section index: (I) the Parties; (II) Jurisdiction; (III) Factual Background; (IV) Legal Grounds; (V) Loss and Quantum; (VI) Relief Sought; (VII) Annexure Schedule.
The Parties
The Claimant is [Claimant's name], [description].
The Respondent is [Respondent's name], [description].
Jurisdiction
The Tribunal has jurisdiction over this dispute pursuant to the agreement to arbitrate at [clause reference] of [contract name], seated at [seat of arbitration]. Pursuant to Article 6.1, the Tribunal has the power to rule on its own jurisdiction, and the agreement to arbitrate is treated as separable from the underlying contract.
This section is affirmative; the Claimant does not anticipate a jurisdictional objection. Should the Respondent contest jurisdiction, Article 6.4 requires that the objection be raised no later than in the statement of defence or, as the case may be, in any statement of defence to counterclaim.
Factual Background
Chronology. [Insert.]
Dramatis Personae. [Insert.]
Contractual Matrix. [Insert.]
Narrative. [Insert, cross-referenced to exhibits.]
Legal Grounds
Cause of Action 1. [State the legal basis, with authorities.]
Cause of Action 2. [If applicable.]
Loss, Damage and Quantum
The Claimant has suffered loss and damage in the amount of [amount claimed], particularised as follows: [quantum breakdown].
Interest is claimed at [interest rate] from [date from which interest is claimed].
Relief Sought
The Claimant respectfully requests that the Tribunal: (a) DECLARE that [declaratory relief sought]; (b) ORDER the Respondent to pay [amount claimed], or such other sum as the Tribunal considers appropriate; (c) AWARD interest as pleaded above; (d) ORDER the Respondent to pay the costs of this arbitration; and (e) GRANT such further or other relief as the Tribunal considers just.
Annexure Schedule
Pursuant to Article 24.1, the Statement of Claim shall be submitted together with all or part of the evidence relied upon, as determined by the Tribunal.
Confirm the Tribunal's actual direction on scope, typically given at the Article 23.3 preliminary meeting, before finalising this schedule.
Exhibit No. | Description | Referenced at ¶ |
[Document] | ¶ [ ] | |
[Document] | ¶ [ ] |
Respectfully submitted,
[Representative's title and name]
On behalf of the Claimant
Date: [date]
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