STATEMENT OF COUNTERCLAIM
Use this template where the Counterclaim is filed as a document standalone from the Statement of Defence. Where the Counterclaim is instead pleaded within the Statement of Defence itself, use the "Counterclaim" section of that template.
LCIA Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE LCIA ARBITRATION RULES (2020)
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]
Introduction
This Statement of Counterclaim is filed pursuant to Art. 15.3(ii) of the LCIA Arbitration Rules (2020), pleading material facts only.
The Parties
The identity and description of the Parties are as set out in the Respondent's Statement of Defence.
Jurisdiction
The Tribunal's jurisdiction over the Counterclaim arises from the same arbitration agreement pleaded in the Statement of Defence.
Material Facts
[Facts supporting the counterclaim — no argument.]
Breach Alleged
[Characterisation of the counterclaim's cause of action.]
Loss and Damage
Loss and damage of [counterclaim quantum amount] [particulars to be quantified].
Interest claimed at [counterclaim interest rate] from [counterclaim interest start date].
Relief Sought
The Respondent/Counterclaim-Claimant seeks:
[counterclaim quantum amount];
interest as pleaded;
costs of the Counterclaim; and
further or other relief.
Reservations
The Respondent/Counterclaim-Claimant reserves the right to amend or supplement this Statement of Counterclaim at the appropriate stage of the proceedings.
Annexure/Schedule
All documents relied upon by the Respondent/Counterclaim-Claimant accompany this Statement of Counterclaim, in accordance with Art. 15.3(ii), as follows:
Exhibit No. | Description | Referenced at ¶ |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent/Counterclaim-Claimant
Date: [date]
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This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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