This standalone document is for use where the counterclaim is filed as its own document rather than merged into the Statement of Defence. A counterclaim is a claim, so this template reuses the full Statement of Claim element set.
The SIAC Rules (2025, 7th Edition) have no free-standing "Statement of Counterclaim" article. The citation basis for this document is Rule 33.3, the Statement of Defence provision, which requires the Respondent to deliver "a Statement of Defence (and Statement of Counterclaim, if any)" setting out, among other things, a statement of facts supporting the defence and the Statement of Counterclaim (Rule 33.3(a)), and the legal grounds or arguments supporting the defence, counterclaim, cross-claim, or set-off (Rule 33.3(b)).
STATEMENT OF COUNTERCLAIM
SIAC Case No.: [Insert case number, if assigned]
IN THE MATTER OF AN ARBITRATION UNDER THE SIAC RULES (2025, 7th EDITION)
BETWEEN
[Claimant's name] of [Claimant's address] ("Claimant," "Counterclaim-Respondent")
— and —
[Respondent's name] of [Respondent's address] ("Respondent," "Counterclaim-Claimant")
Submitted on behalf of the Respondent/Counterclaim-Claimant by: [Representative's title] [Representative's name]
Date: [Date]
Introduction
This Statement of Counterclaim is submitted pursuant to Rule 33.3 of the SIAC Rules (2025, 7th Edition).
Set-off is pleaded, if at all, only as a defence within the Statement of Defence, and is not addressed in this standalone counterclaim document, even where the counterclaim is filed separately.
Third-Party Funding Disclosure
Pursuant to Rule 38.1 of the SIAC Rules (2025, 7th Edition), the Counterclaim-Claimant discloses that no third-party funding agreement exists.
Where a third-party funding agreement exists, substitute the following for paragraph 3: Pursuant to Rule 38.1 of the SIAC Rules (2025, 7th Edition), the Counterclaim-Claimant discloses the existence of a third-party funding agreement. The identity and contact details of the funder are [funder details].
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 arbitration agreement pleaded in the Statement of Defence. Any counterclaim-specific jurisdictional point, if distinct, is pleaded here.
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], particularised as follows: [quantum breakdown].
Interest is claimed at [interest rate] from [date].
Relief Sought
The Respondent/Counterclaim-Claimant requests that the Tribunal: (a) AWARD [amount] 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 Rule 33.7 of the SIAC Rules (2025, 7th Edition), this submission shall be accompanied by copies of all supporting documents that have not previously been submitted by any party. The Tribunal may, after considering the views of the parties, further direct that this submission be accompanied by supporting witness statements and expert reports.
Exhibit No. | Description | Referenced at ¶ |
Signature Block
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