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.
This is a preview. The full template is free on GitLaw.
5.0 out of 5 on Google
Read reviewsAs seen in
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.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
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.
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.