Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Statement of Counterclaim (Pleading) (ICC Rules) by OLL
Open Legal LibraryUpdated 11 Aug 2026
Statement of Counterclaim under the ICC Rules of Arbitration (2026), Article 6 — Pleading archetype. Bare-facts counterclaim pleading elaborating the initial counterclaim raised with the Answer, without argument or authorities.
This document comes from OLL's library of vetted legal templates.
STATEMENT OF COUNTERCLAIM
ICC Case No.: [Case No.] Filed pursuant to: [Procedural Order No.]
IN THE MATTER OF AN ARBITRATION UNDER THE ICC RULES OF ARBITRATION (2026)
BETWEEN
[Claimant's name]
[Claimant's address]
("Claimant," "Counter-Respondent")
— and —
[Respondent's name]
[Respondent's address]
("Respondent," "Counter-Claimant")
Submitted on behalf of the Respondent 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.
Preliminary Notes
This Statement of Counterclaim pleads material facts only, elaborating the counterclaim first raised with the Respondent's Answer under Article 6(4) of the ICC Rules of Arbitration (2026). No Rules-level article prescribes this document's content requirements; its content and section order follow the Procedural Order. What the Rules do directly govern: Article 6(4) (counterclaim must be raised with the Answer), Article 6(5) (Claimant's 30-day reply), and Article 25 (new-claims cut-off, applying equally to counterclaims).
There is no elective merge of the Article 6(4) initial counterclaim with this fuller document; they are two distinct filings, as with the Statement of Claim/Request split. The deadline for this document is set by the Procedural Order; no rule-based default applies. The Claimant's reply to the underlying counterclaim is fixed at 30 days from receipt under Article 6(5), running from the Answer stage, not from this document.
Confirm that a counterclaim was in fact raised with the Answer under Article 6(4) before using this template. Without one, this would be a new claim requiring Tribunal authorisation under Article 25.
Introduction
This Statement of Counterclaim is submitted pursuant to the Procedural Order governing this arbitration, pleading material facts only, elaborating the counterclaim first raised with the Answer under Article 6(4).
The Claimant's reply is due within 30 days of receipt under Article 6(5).
The Parties
The Respondent/Counter-Claimant is [Respondent's name], [brief description].
The Claimant/Counter-Respondent is [Claimant's name], [brief description].
Jurisdiction
The Tribunal has jurisdiction over this counterclaim pursuant to the arbitration agreement at [clause reference], seated at [seat of arbitration]. Per Article 25, the initial CMC is the new-claims cut-off, applying equally to counterclaims.
Material Facts
[Fact 1.]
[Fact 2.]
[Fact 3.]
Counterclaims Alleged
[Bare characterisation of the counterclaim, no authorities.]
Loss and Damage
Loss and damage of [amount] [quantified].
Interest claimed at [interest rate] from [date].
Relief Sought
The Respondent/Counter-Claimant seeks: (a) [amount]; (b) interest as pleaded; (c) costs of the counterclaim; and (d) further or other relief.
Reservations
The Respondent/Counter-Claimant reserves the right to amend or supplement this Statement of Counterclaim, subject to the Article 25 new-claims cut-off and any directions in the Procedural Order.
Annexure Schedule
Annexure directions are determined by the Procedural Order rather than by a rule-based default; annexure content is minimal or deferred under this pleading archetype.
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counter-Claimant
Date: [date]
5.0 out of 5 on Google
Read reviewsAs seen in
About this template
What is this template?
This is a formal pleading used to detail the material facts and relief sought in a counterclaim under the 2026 ICC Rules. It is not the initial Answer where the counterclaim must first be raised, nor is it a Statement of Claim. It contains specific sections for the Article 25 new-claims cut-off and placeholders for quantifying loss and interest.
When should you use it?
Use this when a Procedural Order requires a full Statement of Counterclaim following the initial filing of an Answer. Use a Request for Arbitration instead if you are the party initiating the dispute as the Claimant.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction | Identifies that the pleading elaborates on the initial counterclaim raised with the Answer under Article 6(4) of the ICC Rules. |
| 3 | Jurisdiction | Specifies the arbitration agreement clause and the seat of arbitration that grant the Tribunal authority over the dispute. |
| 6 | Loss and Damage | Requires the Counter-Claimant to quantify their financial loss and state a specific interest rate and commencement date. |
| 7 | Relief Sought | Lists the specific amounts, interest, and costs of the counterclaim the Respondent seeks from the Tribunal. |
| 8 | Reservations | Preserves the right to amend the pleading subject to the Article 25 new-claims cut-off established at the initial CMC. |
Who it's for
- a Respondent in ICC arbitration elaborating a counterclaim previously raised in their Article 6(4) Answer
- legal representatives drafting formal pleadings pursuant to an ICC Tribunal Procedural Order
- parties needing to quantify losses and specify interest rates within an international commercial dispute
How long it runs and how it's signed
How long
Used once
Signed by
Representative of Respondent/Counter-Claimant
Witness
Not required
Notarisation
Not required
Also needed
file pursuant to Procedural Order; serve on Claimant for Article 6(5) reply
Law it's drafted under
Governed by
ICC Rules of Arbitration (2026)
Refers to
Article 6(4)
Refers to
Article 6(5)
Refers to
Article 25
Jurisdiction
General
Document info
GitLaw document. Document created on Sun Aug 9th, 2026. Last updated on Tue Aug 11th, 2026.
This document is public
Licensed under CC BY-SA 4.0 (Attribution-ShareAlike).
Come to agreements faster
Write, review, negotiate, and manage legal contracts
Related documents
FeaturedUnited Nations
Response to Notice of Arbitration (UNCITRAL Rules) by OLL
This formal response template allows a respondent to answer a Notice of Arbitration under UNCITRAL Rules. It provides structured sections for contesting jurisdiction, commenting on arbitrator nominations, and asserting counterclaims for damages.
Updated 13 Aug 2026
Singapore
Statement of Counterclaim (Pleading) (SIAC Rules) by OLL
This template provides a formal structure for a Statement of Counterclaim under the SIAC Rules (2025, 7th Edition). It is used in international arbitration when a respondent files a standalone claim against the claimant rather than merging it with the Statement of Defence.
Updated 13 Aug 2026
FeaturedEngland & Wales
Request for Arbitration (LCIA Rules) by OLL
This document is a formal request to initiate arbitration under the London Court of International Arbitration (LCIA) rules. It enables a claimant to define the dispute, nominate arbitrators, and state the specific financial relief and legal declarations sought from the tribunal. The template includes required sections for party details, the factual background of the breach, and proof of registration fee payment.
Updated 13 Aug 2026
United Nations
Statement of Claim (Memorial) (UNCITRAL Rules) by OLL
This template is a formal response for a respondent in an international arbitration governed by the 2021 UNCITRAL Arbitration Rules. It provides a structured framework for submitting a Statement of Defence, including factual backgrounds, legal grounds, and optional counterclaims.
Updated 13 Aug 2026
Hong Kong
Notice of Arbitration (HKIAC Rules) by OLL
This Notice of Arbitration initiates a formal dispute resolution process under the HKIAC Administered Arbitration Rules. It requires the Claimant to identify the Respondent, state the legal basis for the claim, and provide a non-refundable registration fee of HKD 8,000.
Updated 13 Aug 2026
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
1
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
2
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
3
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Juliana Calil
Principal Counsel · Technology & Entertainment
20+ years in-house at Google, Intel, Disney and Looker
Adam Wardel
General Counsel, Data Privacy Officer & AI Advisor
12+ years leading legal & privacy for SaaS and AI companies
John Hoffman
Associate Director, Corporate Counsel · Life Sciences & Technology
20+ years in corporate counsel, incl. senior counsel at Certara
Richard Nohe
General Counsel · Telecom, Cloud & Data Centers
20+ years in-house, regional General Counsel at BT across 30+ countries
Joe Al-Khayat
General Counsel · Technology & High-Growth Companies
Cross-jurisdictional M&A and SaaS contracting across the UK, US & Australia
Joshua Woo
Technology, AI & Privacy Counsel · APAC
Former Goldman Sachs Executive Director for AI, cybersecurity & privacy in APAC
Sahil Verma
International Business & Investment Lawyer
13+ years in business law, investment law & dispute resolution
Matthew Willis
CRO & General Counsel · SaaS
Former President of the ACC's 2,200-attorney Chicago Chapter · JD + Kellogg MBA
Mayowa Ogunrinola
Legal Consultant · Fintech & AI Compliance
Regulatory strategy, AI governance & data protection for fintech and AI
Steven J. Shanker
Partner and Chair of Corporate and Employment Law
25+ years as a corporate & employment attorney in New York
Rebecca Babbage
Legal Counsel · Financial Services, Corporate & Governance
UK-qualified solicitor working in-house with regulated entities in financial services
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.