STATEMENT OF DEFENCE [AND 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")
— and —
[Respondent's name]
[Respondent's address]
("Respondent")
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 Matters
Include the following paragraph only if the Claimant included a statement of claim with its Request under Article 4.2, and the Respondent elects, pursuant to Article 5.2, to include its Statement of Defence with its Answer:
The Respondent hereby elects to include, as part of its Answer dated [date of the Answer], the detailed statement of defence (and, as the case may be, any counterclaim) referred to in Article 24.2, supplemented as set out below.
Article 5.2 permits this election only where the Claimant has itself submitted a statement of claim with the Request under Article 4.2. Where the Claimant has not done so, the Respondent's detailed Statement of Defence instead follows the Tribunal-determined timetable under Article 24.2 below.
Jurisdiction Time-Bar Warning. Pursuant to Article 6.4, any objection to the Tribunal's jurisdiction must be raised no later than in the Statement of Defence or, as the case may be, in any statement of defence to counterclaim. Any preliminary objection first flagged in the Answer under Article 5.1(d) must, at the latest, be fully pleaded here. Pursuant to Articles 6.2–6.3, if the objection is raised no later than the Answer, the Arbitration Court may (if requested) make a prima facie decision that the arbitration should proceed, without prejudice to the Tribunal's own final ruling on jurisdiction under Article 6.6.
Confirm before filing whether Section 4 below needs to plead an objection.
As with the Statement of Claim, the timetable for filing the detailed Statement of Defence (if not filed with the Answer) is fixed by the Tribunal after consultation with the parties (Articles 24.2, 23.3); there is no fixed default period.
Introduction
This Statement of Defence is submitted pursuant to Article 24.2, in reply to the particulars of the Statement of Claim filed pursuant to Article 24.1.
Section index: (I) the Parties; (II) Jurisdiction; (III) General Traverse; (IV) Paragraph-by-Paragraph Reply; (V) Factual Background; (VI) Legal Grounds; (VII) Affirmative Defences; (VIII) Quantum Response; (IX) Statement of Counterclaim, if pleaded; (X) Relief Sought; (XI) Annexure Schedule.
The Parties
Paragraphs [ ] of the Statement of Claim as to the identity of the Parties are ADMITTED, save as pleaded below.
Jurisdiction
The Respondent does not object to the Tribunal's jurisdiction. Pursuant to Article 6.3, the Tribunal will nonetheless satisfy itself that the agreement to arbitrate is valid and that the claims fall within its scope, even absent a specific objection.
Where the Respondent objects to jurisdiction, substitute the following for paragraph 4: The Respondent objects to the Tribunal's jurisdiction on the following factual and legal basis, in compliance with the Article 6.4 deadline set out in the Preliminary Matters above: [state factual basis] and [state legal basis].
General Traverse
Save as expressly admitted in this Statement of Defence, the Respondent denies each and every allegation made in the Statement of Claim as if set out here and traversed individually.
Paragraph-by-Paragraph Reply
Use "Not Admitted" for allegations outside the Respondent's own knowledge, rather than a positive denial.
SoC ¶ | Allegation (summary) | Response |
[summary] | [Admitted / Denied / Not Admitted] | |
[summary] | [Admitted / Denied / Not Admitted] | |
[summary] | [Admitted / Denied / Not Admitted] |
Factual Background
[Respondent's factual narrative, cross-referenced to exhibits.]
Legal Grounds
[Respondent's legal argument in answer to each cause of action.]
Affirmative Defences
Affirmative Defence 1: [basis].
Affirmative Defence 2: [if applicable].
Include the following paragraph only if the Respondent pleads set-off as a defence:
Set-Off. The Respondent pleads set-off in the amount of [set-off amount] against any sum found due to the Claimant. Article 1.1 of the Rules defines "Counterclaim" broadly to include any claim or defence by way of set-off submitted by the Respondent; a set-off pleaded here may accordingly fall within the Counterclaim definition and attract the Article 5.5 counterclaim registration fee.
Confirm the position with the Centre before treating this set-off as fee-free.
Quantum Response
The Respondent's position on the Claimant's pleaded quantum of [amount claimed]: [admit / dispute in whole or part, with reasons].
Statement of Counterclaim
Include this section, and add "[AND COUNTERCLAIM]" to the title above, only if the Respondent pleads a counterclaim within this Statement of Defence.
Pleaded pursuant to Article 5.4 (making the counterclaim with the Answer or later, if the Tribunal considers the delay justified) and Article 24.2 (detailed counterclaim) of the DIAC Arbitration Rules 2022. New counterclaims after the detailed counterclaim is filed require Tribunal permission or party agreement under Article 24.3. Pursuant to Article 5.5, the Respondent must pay the counterclaim registration fee (Appendix I, Article 1.1) within 7 days of submitting the counterclaim, failing which it will not be registered by the Centre.
Facts supporting the counterclaim. [Insert.]
Legal grounds. [Insert.]
Relief and quantum sought on the counterclaim. [amount claimed in the Counterclaim].
Relief Sought
The Respondent respectfully requests that the Tribunal: (a) DISMISS the Statement of Claim in its entirety, alternatively in part; (b) AWARD the Respondent [amount claimed in the Counterclaim] on the Counterclaim; (c) ORDER the Claimant to pay the costs of this arbitration; and (d) GRANT such further or other relief as the Tribunal considers just.
Delete limb (b) if no counterclaim is pleaded, and re-letter accordingly.
Annexure Schedule
Pursuant to Article 24.2, the Respondent shall submit, together with its Statement of Defence, all or part of the evidence relied upon, as determined by the Tribunal.
Exhibit No. | Description | Referenced at ¶ |
[Document] | ¶ [ ] |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent
Date: [date]
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