Statement of Counterclaim (Memorial) (ICC Rules) by OLL

STATEMENT OF COUNTERCLAIM

ICC Case No.: [Case No.] Filed pursuant to: [Procedural Order No.]

IN THE MATTER OF AN ARBITRATION UNDER THE ICC RULES OF ARBITRATION (2026)

BETWEEN

[Claimant's name]

[Claimant's address]

("Claimant," "Counter-Respondent")

— and —

[Respondent's name]

[Respondent's address]
("Respondent," "Counter-Claimant")

Submitted on behalf of the Respondent by: [Representative's title and name]

Date: [date]

Introduction

This Statement of Counterclaim is submitted pursuant to the Procedural Order governing this arbitration, elaborating the counterclaim first raised with the Respondent's Answer pursuant to Article 6(4).

The section order below follows a default sequence — the Parties; Jurisdiction; Factual Background; Legal Grounds; Loss and Quantum; Relief Sought; Annexure Schedule — which should be reordered, retitled, or supplemented to match the Procedural Order actually governing this arbitration.

The Claimant's reply to this counterclaim is due within 30 days of receipt of the counterclaim as communicated by the Secretariat, pursuant to Article 6(5) (subject to any Secretariat-granted extension before transmission of the file to the Tribunal).

The Parties

The Respondent/Counter-Claimant is [Respondent's name], [description].

The Claimant/Counter-Respondent is [Claimant's name], [description].

Jurisdiction

The Tribunal has jurisdiction over this counterclaim pursuant to the same arbitration agreement at [clause reference], seated at [seat of arbitration]. Where the counterclaim is made under more than one arbitration agreement, Article 6(4)(d) requires an indication of which agreement each counterclaim is made under — state this if applicable.

Per Article 25: "After the initial CMC, no party may make new claims, unless authorised by the arbitral tribunal. In determining whether to allow such new claims, the arbitral tribunal shall consider the nature of the new claims, the stage of the arbitration, any cost implications and any other relevant circumstances." This governs any counterclaim, or new head of counterclaim, not identified before the initial CMC cut-off; confirm this Statement of Counterclaim does not introduce anything beyond what was raised in the Article 6(4) counterclaim without such authorisation.

Factual Background

Chronology. [Insert.]

Dramatis Personae. [Insert.]

Contractual Matrix. [Insert.]

Narrative. [Insert, cross-referenced to exhibits.]

Legal Grounds

Counterclaim 1. [State the legal basis, with authorities.]

Counterclaim 2. [If applicable.]

Loss, Damage and Quantum

The Respondent/Counter-Claimant has suffered loss and damage in the amount of [amount], particularised as follows: [quantum breakdown]. Per Article 6(4)(b), to the extent any part of the counterclaim is not fully quantified, an estimate of its monetary value is given: [estimate, if applicable].

Interest is claimed at [interest rate] from [date].

Relief Sought

The Respondent/Counter-Claimant respectfully requests that the Tribunal: (a) DECLARE that [declaratory relief sought]; (b) ORDER the Claimant to pay [amount]; (c) AWARD interest as pleaded above; (d) ORDER the Claimant to pay the costs of this arbitration in respect of the counterclaim; and (e) GRANT such further or other relief as the Tribunal considers just, having regard to whether early determination under Article 30 is sought for any manifestly unmeritorious defence the Claimant may raise to this counterclaim.

Annexure Schedule

Annexure directions for this arbitration are determined by the Procedural Order rather than by a general rule-based default.

Respectfully submitted,

[Representative's title and name]

On behalf of the Respondent/Counter-Claimant

Date: [date]