STATEMENT OF COUNTERCLAIM
DIAC Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE DIAC ARBITRATION RULES 2022
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]
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.
Introduction
This Statement of Counterclaim pleads material facts only, pursuant to Article 5.4 (making the counterclaim) and Article 24.2 (detailed counterclaim) of the DIAC Arbitration Rules 2022.
The Article 5.5 registration fee [has been / will be] paid within 7 days of submission.
Article 1.1 of the Rules defines "Counterclaim" to include set-off submitted by the Respondent; this document does not address set-off, which is addressed in the Statement of Defence.
The Parties
[Cross-reference the Statement of Defence rather than repeat.]
Jurisdiction
Jurisdiction over the Counterclaim arises from the same agreement to arbitrate pleaded in the Statement of Defence. Any distinct counterclaim-specific jurisdictional objection must be raised no later than the statement of defence to counterclaim, pursuant to Article 6.4.
Material Facts
[Bare facts supporting the counterclaim — no argument.]
Breach Alleged
[Bare characterisation of the counterclaim's cause of action.]
Loss and Damage
Loss and damage of [amount claimed in the Counterclaim] [quantified].
Interest claimed at [interest rate on the Counterclaim] from [date from which interest is claimed on the Counterclaim].
Relief Sought
The Respondent/Counterclaim-Claimant seeks: (a) [amount claimed in the Counterclaim]; (b) interest as pleaded; (c) costs of the Counterclaim; and (d) further or other relief.
Reservations
The Respondent/Counterclaim-Claimant reserves the right to amend or supplement this Statement of Counterclaim, subject to Article 24.3.
Annexure Schedule
Pursuant to Article 24.2, the evidence to be submitted is as determined by the Tribunal.
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counterclaim-Claimant
Date: [date]
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About this template
What is this template?
This is a formal pleading used by a respondent to initiate a legal claim against the original claimant within an existing arbitration. It is not a Statement of Defence, though it cross-references that document for party details and jurisdictional foundations. It contains specific fields for Article 5.5 fee compliance and quantified loss characterization.
When should you use it?
Use this document when you are the respondent in a DIAC arbitration and have your own legal claims to bring against the claimant. Use a Statement of Defence instead if you only wish to respond to the existing claims without seeking your own damages.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction | Pleads material facts pursuant to Article 5.4 and Article 24.2 of the DIAC Arbitration Rules 2022. |
| 3 | Jurisdiction | Establishes that jurisdiction over the counterclaim arises from the agreement to arbitrate pleaded in the Statement of Defence. |
| 6 | Loss and Damage | Specifies the quantified amount claimed and the interest rate applicable from a specific stated date. |
| 7 | Relief Sought | Lists the formal demands for specific damages, interest, costs of the counterclaim, and further relief. |
| 8 | Reservations | Retains the right for the Counterclaim-Claimant to amend or supplement the filing subject to Article 24.3. |
Who it's for
- a respondent in an arbitration governed by the Dubai International Arbitration Centre
- a party seeking to characterized a set-off as a counterclaim under Article 1.1
- a defendant needing to quantify damages and interest in an ongoing arbitral dispute
How long it runs and how it's signed
Law it's drafted under
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