STATEMENT OF COUNTERCLAIM
Use this template where the Counterclaim is filed as a document standalone from the Statement of Defence. Where the Counterclaim is instead pleaded within the Statement of Defence itself, use the "Counterclaim" section of that template.
LCIA Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE LCIA ARBITRATION RULES (2020)
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]
Introduction
This Statement of Counterclaim is filed pursuant to Art. 15.3(ii) of the LCIA Arbitration Rules (2020), which permits the Respondent's Statement of Defence to be accompanied by a Statement of Counterclaim setting out in sufficient detail the relevant facts and legal submissions relied on, together with the relief claimed and all documents relied upon.
The Parties
The identity and description of the Parties are as set out in the Respondent's Statement of Defence.
Jurisdiction
The Tribunal's jurisdiction over the Counterclaim arises from the same arbitration agreement pleaded in the Statement of Defence.
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 [counterclaim quantum amount], particularised as follows: [insert quantum breakdown].
Interest is claimed at [counterclaim interest rate] from [counterclaim interest start date].
Relief Sought
The Respondent/Counterclaim-Claimant requests that the Tribunal:
AWARD [counterclaim quantum amount] on the Counterclaim;
AWARD interest as pleaded above;
ORDER the Claimant/Counterclaim-Respondent to pay the costs associated with the Counterclaim; and
GRANT such further or other relief as the Tribunal considers just.
Annexure Schedule
All documents relied upon by the Respondent/Counterclaim-Claimant accompany this Statement of Counterclaim, in accordance with Art. 15.3(ii), as follows:
Exhibit No. | Description | Referenced at ¶ |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counterclaim-Claimant
Date: [date]
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This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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