Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Statement of Defence (Memorial) (ICC Rules) by OLL
Open Legal LibraryUpdated 11 Aug 2026
Statement of Defence under the ICC Rules of Arbitration (2026), Standard track — Memorial archetype. Full defence with paragraph-by-paragraph admit/deny reply, affirmative defences, an optional set-off/counterclaim cross-reference, and jurisdictional-objection mechanics (Article 7, which fixes no Rules-level deadline). Includes an India seat overlay.
This document comes from OLL's library of vetted legal templates.
STATEMENT OF DEFENCE
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")
— 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 Notes
No Rules-level article prescribes the content of a Statement of Defence; as with the Statement of Claim, its content and section order are set by the Procedural Order following the initial case management conference under Article 24. There is no elective mechanism to merge the Answer to the Request with this document; they remain two distinct filings.
Counterclaims. Article 6 ("Answer to the Request; Counterclaims") requires any counterclaim to be submitted with the Answer (Article 6(4)) — an earlier procedural stage than this Statement of Defence — and gives the Claimant 30 days from receipt to reply (Article 6(5)). A counterclaim raised at the Answer stage may be carried forward and elaborated in a separate, fuller Statement of Counterclaim, which cites Article 6(4)-(5) and the Article 25 new-claims cut-off in full and is not restated here.
Jurisdiction. Article 7 ("Effect of the Arbitration Agreement") gives the Tribunal authority to decide questions concerning the existence, validity, or scope of the arbitration agreement, but fixes no filing deadline for raising a jurisdictional plea — unlike LCIA Article 23.3, SIAC Rule 31.2(a), UNCITRAL Article 23(2), and HKIAC Article 19.3, each of which fixes a "no later than the Statement of Defence"-type deadline.
Confirm the timing of any jurisdictional objection against the Procedural Order governing this arbitration, since that is where ICC practice in fact fixes it.
Introduction
This Statement of Defence is submitted pursuant to the Procedural Order governing this arbitration, in reply to the Statement of Claim.
The section order below follows a default sequence — the Parties; Jurisdiction; General Traverse; Paragraph-by-Paragraph Reply; Factual Background; Legal Grounds; Affirmative Defences; Quantum Response; Relief Sought; Annexure Schedule — which should be reordered to match the Procedural Order governing this arbitration.
Include the following paragraph only if the Respondent has raised a counterclaim:
The Respondent has raised a counterclaim, first submitted with its Answer pursuant to Article 6(4). The counterclaim is fully pleaded in a separate Statement of Counterclaim; this Statement of Defence does not restate it.
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 jurisdiction, substitute the following for paragraph 5: The Respondent objects to the Tribunal's jurisdiction on the following factual and legal basis: [state basis]. Confirm the applicable deadline against the governing Procedural Order — see Preliminary Notes.
General Traverse
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About this template
What is this template?
This document is a formal legal filing used in international arbitration to respond to a claimant's allegations. It is not an Answer to the Request for Arbitration, which is a separate procedural step under Article 6. It contains specific sections for a general traverse, factual narrative, and a table for paragraph-by-paragraph replies.
When should you use it?
Use this template when a Procedural Order requires a formal Statement of Defence following the initial case management conference. Use an Answer to the Request if the arbitration is at the pre-tribunal constitution stage.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 7 | General Traverse | The Respondent denies every allegation in the Statement of Claim unless it is expressly admitted within this filing. |
| 8 | Paragraph-by-Paragraph Reply | The Respondent provides a structured table to admit, deny, or state 'Not Admitted' for specific paragraphs in the Statement of Claim. |
| 11 | Affirmative Defences | The Respondent identifies specific legal or factual bases that serve as affirmative defences against the claimant's causes of action. |
| 12 | Quantum Response | The Respondent states its position on the Claimant's pleaded amount and notes the right to seek early determination under Article 30. |
| 13 | Relief Sought | The Respondent requests that the Tribunal dismiss the Statement of Claim and order the Claimant to pay arbitration costs. |
Who it's for
- a respondent defending against a Statement of Claim in an ICC arbitration
- legal representatives drafting a memorial pursuant to a Procedural Order under Article 24
- parties in an India-seated arbitration pleading set-off under Section 23(2A)
How long it runs and how it's signed
How long
Used once
Signed by
Representative for the Respondent
Witness
Not required
Notarisation
Not required
Also needed
renumber paragraphs sequentially before submission
Law it's drafted under
Governed by
ICC Rules of Arbitration (2026)
Refers to
Arbitration and Conciliation Act 1996
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).
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