
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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)).
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]
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.
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].
[Cross-reference the Statement of Defence rather than repeat, if filed jointly with or shortly after it.]
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.
[Insert factual narrative supporting the counterclaim.]
[State the legal basis for the counterclaim, with authorities.]
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].
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.
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 ¶ |
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This document is a formal memorial for a counterclaim specifically formatted for the Singapore International Arbitration Centre (SIAC). It contains mandatory disclosures regarding third-party funding and a structured relief section. It is not a combined Statement of Defence and Counterclaim, but a standalone pleading for the counterclaim elements only.
Use this template when you need to file a separate counterclaim memorial under Rule 33.3 of the SIAC Rules (2025). If the counterclaim is being integrated directly into the defense filing, use a combined Statement of Defence and Counterclaim instead.
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction | Invokes Rule 33.3 of the SIAC Rules (2025, 7th Edition) as the procedural basis for filing the counterclaim. |
| 2 | Third-Party Funding Disclosure | Discloses the existence or absence of a third-party funding agreement as required by Rule 38.1 of the SIAC Rules. |
| 4 | Jurisdiction | States that the Tribunal's jurisdiction arises from the same arbitration agreement pleaded in the primary Statement of Defence. |
| 7 | Loss, Damage and Quantum | Specifies the particularized breakdown of losses and the interest rate claimed from a specific date. |
| 8 | Relief Sought | Lists the specific awards and cost orders requested from the Tribunal by the Counterclaim-Claimant. |
| 9 | Annexure Schedule | Requires submission of supporting documents and witness statements pursuant to Rule 33.7 of the SIAC Rules. |
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A standalone counterclaim document, for use where the Respondent chooses to file the counterclaim separately from the Statement of Defence rather than merging the two. Because the SIAC Rules have no free-standing "Statement of Counterclaim" article, the citation basis is Rule 33.3 — the Statement of Defence provision — which expressly extends to facts, legal grounds, and relief "supporting the defence, counterclaim, cross-claim, or set-off." Since a counterclaim is itself a claim, this document reuses the full Statement of Claim structure: factual background, legal grounds argued with authorities, particularised loss and quantum, and relief sought, plus the Rule 38.1 funding disclosure and Rule 33.7 annexure obligation. Set-off is deliberately excluded from this document — it remains a defence-only mechanism pleaded within the Statement of Defence, even when the counterclaim itself is filed separately. Use this version where the counterclaim is substantial enough, or procedurally distinct enough, to warrant its own document and argument rather than sitting inside the Statement of Defence.
This document comes from OLL's library of vetted legal templates.