STATEMENT OF COUNTERCLAIM
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," "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]
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.
Introduction
This Statement of Counterclaim is submitted pursuant to Article 5.4 (making of the counterclaim) and Article 24.2 (detailed counterclaim, filed within the Tribunal-set timetable together with all or part of the evidence relied upon, as determined by the Tribunal) of the DIAC Arbitration Rules 2022.
The counterclaim registration fee required by Article 5.5 (Appendix I, Article 1.1) [has been / will be] paid within 7 days of this submission.
Article 1.1 of the Rules defines "Counterclaim" broadly to include any claim or defence by way of set-off submitted by the Respondent. This document addresses the counterclaim only; set-off pleaded as a defence is addressed in the Statement of Defence.
The Parties
[Cross-reference the Statement of Defence rather than repeat, if filed jointly with or shortly after it.]
Jurisdiction
The Tribunal's jurisdiction over the Counterclaim arises from the same agreement to arbitrate pleaded in the Statement of Defence (Article 6.1). Any counterclaim-specific jurisdictional point, if distinct, is pleaded here and must, pursuant to Article 6.4, be raised no later than in any statement of defence to counterclaim.
Factual Background
[Insert factual narrative supporting the counterclaim.]
Legal Grounds
[State the legal basis for the counterclaim, with authorities.]
Loss, Damage and Quantum
The Counterclaim-Claimant has suffered loss and damage in the amount of [amount claimed in the Counterclaim], particularised as follows: [quantum breakdown].
Interest is claimed at [interest rate on the Counterclaim] from [date from which interest is claimed on the Counterclaim].
Relief Sought
The Respondent/Counterclaim-Claimant requests that the Tribunal: (a) AWARD [amount claimed in the Counterclaim] on the Counterclaim; (b) AWARD interest as pleaded above; (c) ORDER the Claimant/Counterclaim-Respondent 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 Article 24.2, the evidence to be submitted with the Counterclaim is as determined by the Tribunal, applying equally to the Counterclaim.
Exhibit No. | Description | Referenced at ¶ |
[Document] | ¶ [ ] |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counterclaim-Claimant
Date: [date]
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