STATEMENT OF DEFENCE [AND COUNTERCLAIM]
HKIAC Case No.: [Case No.]
IN THE MATTER OF AN ARBITRATION UNDER THE HKIAC ADMINISTERED ARBITRATION RULES (2024)
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 Respondent elects, pursuant to Article 17.1, to treat its Answer to the Notice of Arbitration as its Statement of Defence:
The Respondent hereby elects to treat its Answer to the Notice of Arbitration dated [date of the Answer] as its Statement of Defence, supplemented as set out below.
The Tribunal may, pursuant to Article 17.5, vary the content requirements set out below for this Statement of Defence.
Jurisdiction Time-Bar Warning. Pursuant to Article 19.3, a plea that the Tribunal lacks jurisdiction must be raised, if possible, in the Answer to the Notice of Arbitration, and no later than in this Statement of Defence (or, in respect of a counterclaim, in the Defence to the Counterclaim). A jurisdictional plea not raised by this document (or, where applicable, by the Answer) may be treated as time-barred.
Confirm before filing whether Section 4 below needs to plead an objection.
Introduction
This Statement of Defence is submitted pursuant to Article 17, in reply to the particulars pleaded under Article 16.2(a)–(c). Where a jurisdictional or constitution objection is raised, Article 17.2 requires that it contain its factual and legal basis.
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.
Where the Respondent objects to the Tribunal's jurisdiction or its constitution, substitute the following for paragraph 3:
"The Respondent objects to the Tribunal's jurisdiction (or to its constitution) on the following factual and legal basis, pursuant to Article 17.2: [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. Pursuant to Article 17.3, the Respondent pleads set-off in the amount of [set-off amount] against any sum found due to the Claimant, together with (a) the facts supporting the set-off, (b) the points at issue, (c) the legal arguments, and (d) the relief or remedy sought.
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 17.3 of the HKIAC Administered Arbitration Rules (2024).
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 17.4, the Respondent shall annex to this Statement of Defence all supporting materials on which it relies.
Exhibit No. | Description | Referenced at ¶ |
[Document] | ¶ [ ] |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent
Date: [date]
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