Statement of Defence (Memorial) (ICC Rules) by OLL
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
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:
Set-Off. The Respondent pleads set-off in the amount of [amount], as a defence. The ICC Rules have no distinct "set-off" concept — only "counterclaim" under Article 6(4) — so a set-off is ordinarily pleaded as, or alongside, a counterclaim in the separate Statement of Counterclaim. Where India-seated, Section 23(2A) of the Arbitration and Conciliation Act 1996 gives an express statutory basis for set-off/counterclaim within the scope of the arbitration agreement — see Seat Overlay below.
Quantum Response
The Respondent's position on the Claimant's pleaded quantum of [amount]: [admit / dispute in whole or part, with reasons].
The Respondent may seek early determination under Article 30 of any claim it considers manifestly without merit or manifestly outside the Tribunal's jurisdiction.
Relief Sought
The Respondent respectfully requests that the Tribunal: (a) DISMISS the Statement of Claim in its entirety, alternatively in part; (b) ORDER the Claimant to pay the costs of this arbitration; and (c) GRANT such further or other relief as the Tribunal considers just.
Annexure Schedule
Annexure directions are determined by the Procedural Order rather than by a general rule-based default.
Confirm the Procedural Order's specific annexure directions before relying on any practice assumed here.
Exhibit No. | Description | Referenced at ¶ |
[Document] | ¶ [ ] |
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent
Date: [date]
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 thousands of 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 5.5K+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Start free
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.