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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About this template
What is this template?
This document is a formal legal filing known as a memorial for use in institutional arbitration. It contains specific placeholders for DIAC Case Numbers, Article 5.5 registration fee statuses, and quantum breakdowns. It is not a Statement of Defence, though it may be filed alongside one.
When should you use it?
Use this template when a Respondent intends to bring their own claims against the Claimant within a DIAC-administered arbitration. Use a Statement of Defence if the intent is only to dispute the original claim without seeking a separate award.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction | Invokes Article 5.4 and Article 24.2 of the DIAC Arbitration Rules 2022 to establish the procedural basis for the submission. |
| 3 | Jurisdiction | Asserts the Tribunal's authority over the Counterclaim based on the arbitration agreement referenced in Article 6.1. |
| 6 | Loss, Damage and Quantum | Requires the Counterclaim-Claimant to particularise the specific amount claimed and define the applicable interest rate and commencement date. |
| 7 | Relief Sought | Lists the formal requests for a monetary award, interest, and an order for costs against the Counterclaim-Respondent. |
| 8 | Annexure Schedule | Provides a table for listing evidentiary exhibits in accordance with the evidentiary standards set by the Tribunal under Article 24.2. |
Who it's for
- a respondent in a DIAC arbitration needing to submit a formal counterclaim
- legal counsel preparing a memorial under the DIAC Arbitration Rules 2022
- a party seeking to plead a set-off as a counterclaim in a Dubai-seated arbitration
How long it runs and how it's signed
Law it's drafted under
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