Statement of Counterclaim (Pleading) (DIAC Rules) by OLL

OLOpen Legal LibraryUpdated 10 Aug 2026

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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Document info
GitLaw document. Document created on Mon Aug 10th, 2026. Last updated on Mon Aug 10th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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