UNCITRAL Arbitration Rules (2021) — Memorial Archetype
This archetype contains full legal argument and evidence inline. For a facts-only defence that pleads a bare traverse and defers argument and evidence to a later stage, see the Pleading archetype of this template.
STATEMENT OF DEFENCE
If Section 9 (Statement of Counterclaim) below is included, the title above should read: "STATEMENT OF DEFENCE AND STATEMENT OF COUNTERCLAIM".
[Case No.: [Case number, if allocated]]
IN THE MATTER OF AN ARBITRATION UNDER THE UNCITRAL ARBITRATION RULES (2021)
BETWEEN
[Claimant's name] of
[Claimant's address]
("Claimant")
and
[Respondent's name] of
[Respondent's address]
("Respondent")
Submitted on behalf of the Respondent by: [Representative's title, e.g. Counsel for the Respondent] [Name of representative]
Date: [Date of this Statement of Defence]
Introduction
Include the following Election Notice only if the Respondent elects, pursuant to Art. 21(1) of the UNCITRAL Arbitration Rules (2021) (second sentence), to treat its Response to the Notice of Arbitration as its Statement of Defence:
"Pursuant to Art. 21(1) of the UNCITRAL Arbitration Rules (2021), the Respondent hereby elects to treat its Response to the Notice of Arbitration dated [date] as its Statement of Defence, supplemented as set out below."
This Statement of Defence is submitted pursuant to Art. 21 of the UNCITRAL Arbitration Rules (2021), in reply to the particulars of the Statement of Claim filed pursuant to Art. 20(2).
This Statement of Defence is structured as follows: (I) the Parties; (II) Jurisdiction; (III) General Traverse; (IV) Paragraph-by-Paragraph Reply; (V) Factual Background; (VI) Legal Grounds; (VII) Affirmative Defences; (VIII) Quantum Response; (IX) any Statement of Counterclaim; and (X) Relief Sought.
The Parties
Paragraphs [ ] of the Statement of Claim as to the identity of the Parties are ADMITTED, save as pleaded below.
Jurisdiction
If no jurisdictional objection is raised:
"The Respondent does not object to the Tribunal's jurisdiction."
If a jurisdictional objection is raised:
"The Respondent objects to the Tribunal's jurisdiction on the following factual and legal basis: [state factual basis] and [state legal basis]."
Pursuant to Art. 23(2), any jurisdictional objection must be raised no later than this Statement of Defence, or it is liable to be treated as time-barred, subject to the Tribunal's discretion to admit a later plea where delay is justified.]
General Traverse
Save as expressly admitted in this Statement of Defence, the Respondent denies each and every allegation made in the Statement of Claim as if set out here and traversed individually.
Paragraph-by-Paragraph Reply
For each paragraph, the Respondent's response is stated as ADMITTED, DENIED, or NOT ADMITTED. A response of NOT ADMITTED is used for allegations outside the Respondent's own knowledge, and is a distinct traverse from an affirmative denial.
SoC ¶ | Allegation (summary) | Response |
[summary] | [ADMITTED / DENIED / NOT ADMITTED] | |
[summary] | [ADMITTED / DENIED / NOT ADMITTED] | |
[summary] | [ADMITTED / DENIED / NOT ADMITTED] |
Factual Background
[Respondent's factual narrative, cross-referenced to exhibits.]
Legal Grounds
[Respondent's legal argument in answer to each cause of action pleaded.]
Affirmative Defences
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About this template
What is this template?
This is a formal legal filing used by a respondent to reply to a claimant's allegations in an UNCITRAL arbitration. It is not a simple pleading but a 'Memorial Archetype' which requires inline legal argument and cross-references to evidence exhibits. It contains specific sections for jurisdictional objections, a paragraph-by-paragraph reply table, and a formal schedule for annexing exhibits.
When should you use it?
Use this document when responding to a Statement of Claim in a proceeding governed by the 2021 UNCITRAL Arbitration Rules. If the respondent only needs to provide a bare traverse without detailed argument or evidence at this stage, the Pleading archetype of this template should be used instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction | Allows the Respondent to treat their Response to the Notice of Arbitration as the Statement of Defence under Art. 21(1). |
| 3 | Jurisdiction | Requires any jurisdictional objections to be raised no later than this Statement of Defence as per Art. 23(2). |
| 4 | General Traverse | Denies every allegation in the Statement of Claim that is not specifically admitted elsewhere in the document. |
| 7 | Affirmative Defences | Lists specific legal defences such as limitation, waiver, estoppel, force majeure, or set-off under Art. 21(3). |
| 9 | Statement of Counterclaim | Enables the Respondent to set out a counterclaim within the same document pursuant to the requirements of Art. 21(3). |
| 10 | Relief Sought | Specifies the Respondent's request for the Tribunal to dismiss the claim and order the Claimant to pay arbitration costs. |
Who it's for
- a respondent in an international commercial arbitration under the 2021 UNCITRAL Rules
- legal counsel preparing a memorial-style defence including full argument and evidence
- a party asserting a counterclaim or set-off within an existing UNCITRAL arbitration proceeding
How long it runs and how it's signed
Law it's drafted under
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