Statement of Counterclaim (Memorial) (ICC Rules) by OLL
Statement of Counterclaim under the ICC Rules of Arbitration (2026), Article 6 — Memorial archetype. Full argued pleading elaborating a counterclaim first raised with the Respondent's Answer (Article 6(4)), with the Claimant's 30-day reply deadline (Article 6(5)), the Article 25 new-claims cut-off, and an India set-off/counterclaim overlay (s. 23(2A)).
This document comes from OLL's library of vetted legal templates.
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]
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 Notes
The Statement of Counterclaim is governed by Article 6 ("Answer to the Request; Counterclaims") of the ICC Rules of Arbitration (2026). No standalone Rules-level article prescribes the content requirements of this fuller, later-filed pleading — as with the Statement of Claim and Statement of Defence, its content and section order are set by the Procedural Order following the initial case management conference. What the Rules do directly govern is the underlying mechanism and its timing:
Article 6(4) requires any counterclaim to be raised with the Answer — i.e., at an earlier procedural stage than this document. This Statement of Counterclaim is the fuller, later pleading that elaborates a counterclaim already raised at the Answer stage, in the same way that the Statement of Claim elaborates the Request and the Statement of Defence elaborates the Answer.
Article 6(5) requires the Claimant to submit its reply to the counterclaim within 30 days of receipt of the counterclaim as communicated by the Secretariat, before the file is transmitted to the Tribunal (the Secretariat may extend this time).
Article 25 ("New Claims") governs new counterclaims raised after the initial CMC in the same way it governs new claims (see Section 4 below).
There is no elective mechanism to treat the Answer's initial counterclaim (Article 6(4)) as this fuller Statement of Counterclaim; they remain two distinct filings at two distinct procedural stages. The deadline for this document is set by the Procedural Order following the initial CMC; the only Rules-fixed deadline in the counterclaim sequence is the Claimant's 30-day reply under Article 6(5), which runs from the initial counterclaim raised at the Answer stage, not from this document.
Confirm that a counterclaim was in fact raised with the Respondent's Answer under Article 6(4) before using this template. Without a counterclaim raised at that stage, it cannot be introduced for the first time in this document without Tribunal authorisation under Article 25 as a "new claim."
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.
This is a preview. The full template is free on GitLaw.
5.0 out of 5 on Google
Read reviewsAs seen in
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.