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 elects to include the Statement of Defence referred to in Article 24.2 with its Answer dated [date of the Answer].
Jurisdiction Time-Bar Warning. Pursuant to Article 6.4, any jurisdictional objection must be raised no later than in the Statement of Defence.
Confirm before filing whether Section 4 needs to plead an objection.
Extension of Time. Pursuant to Article 5.7, the Centre may grant the Respondent an extension of up to 10 days for filing the Answer, conditioned on the extension application including the Respondent's comments on the number of arbitrators and (if applicable) its arbitrator nomination.
Introduction
This Statement of Defence is submitted pursuant to Article 24.2, pleading material facts only. Pursuant to Article 6.4, any jurisdictional objection must state its factual and legal basis even at the bare-facts pleading level.
The Parties
[Admit/deny identity of the parties as pleaded.]
Jurisdiction
No jurisdictional objection is raised.
Where the Respondent objects to jurisdiction, substitute the following for paragraph 3: Objection to jurisdiction on the following bare basis: [state factual and legal basis — no extended argument].
General Traverse
Save as expressly admitted below, the Respondent denies each allegation in the Statement of Claim.
Paragraph-by-Paragraph Reply
Use "Not Admitted" for allegations outside the Respondent's own knowledge, rather than a positive denial.
SoC ¶ | Allegation (summary) | Response |
¶1 | [summary] | [Admitted / Denied / Not Admitted] |
¶2 | [summary] | [Admitted / Denied / Not Admitted] |
¶[n] | [summary] | [Admitted / Denied / Not Admitted] |
Material Facts (Respondent's Version)
[Bare facts only.]
Affirmative Defences
Affirmative Defence 1: [bare basis].
Include the following paragraph only if the Respondent pleads set-off as a defence:
Set-Off. Pleaded in the amount of [set-off amount]. Article 1.1 of the Rules defines "Counterclaim" to include set-off submitted by the Respondent; this set-off may fall within the Counterclaim definition and its Article 5.5 registration fee.
Confirm the position with the Centre before treating it as fee-free.
Loss and Damage Response
Position on [amount claimed]: [admit / dispute].
Statement of Counterclaim (Pleading)
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 justified), Article 24.2 (detailed counterclaim), and subject to Article 24.3 (restriction on new counterclaims after this point). Pursuant to Article 5.5, the registration fee must be paid within 7 days of submitting the counterclaim.
Material facts supporting the counterclaim. [Insert.]
Breach alleged. [Bare characterisation.]
Relief and quantum. [amount claimed in the Counterclaim].
Relief Sought
The Respondent seeks: (a) dismissal of the Statement of Claim; (b) [amount claimed in the Counterclaim] on the Counterclaim; (c) costs; and (d) further or other relief.
Delete limb (b) if no counterclaim is pleaded, and re-letter accordingly.
Reservations
The Respondent reserves the right to amend or supplement this Statement of Defence, subject to Article 24.3 (Tribunal permission or party agreement required for new claims/counterclaims raised after this document).
Annexure Schedule
Pursuant to Article 24.2, the Respondent shall submit, together with its Statement of Defence, the evidence relied upon, as determined by the Tribunal.
Respectfully submitted,
[Representative's title and name]
On behalf of the Respondent
Date: [date]
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