Statement of Defence (Pleading) (ICC Rules) by OLL
Statement of Defence under the ICC Rules of Arbitration (2026), Standard track — Pleading archetype. Bare-facts defence and traverse only, with the same paragraph-by-paragraph reply structure and jurisdiction/set-off mechanics as the memorial version, condensed.
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
This Statement of Defence pleads material facts and traverse only. No Rules-level article prescribes its content; content and section order follow the Procedural Order. No rule-based default exists for the filing deadline. There is no elective merge of the Answer with this document.
Counterclaims. Article 6(4)-(5) ("Answer to the Request; Counterclaims") requires any counterclaim to be filed with the Answer, with a 30-day Claimant's reply. A counterclaim raised at the Answer stage is elaborated in a separate, standalone Statement of Counterclaim.
Jurisdiction. Article 7 gives the Tribunal authority to decide jurisdiction questions but fixes no filing deadline for raising the plea.
Confirm timing against the governing Procedural Order directly.
Introduction
This Statement of Defence is submitted pursuant to the Procedural Order governing this arbitration, pleading material facts only.
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 pleaded in a separate Statement of Counterclaim; this document does not restate it.
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 4: Objection to jurisdiction on the following bare basis: [state basis — no 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 |
[summary] | [Admitted / Denied / Not Admitted] | |
[summary] | [Admitted / Denied / Not Admitted] | |
[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:
Set-Off. Pleaded in the amount of [amount]. The ICC Rules have no distinct "set-off" concept — plead as, or with, a counterclaim under Article 6(4). Where India-seated, Section 23(2A) gives an express statutory basis.
Loss and Damage Response
Position on [amount]: [admit / dispute]. Early determination under Article 30 may be sought for manifestly unmeritorious claims.
Relief Sought
The Respondent seeks: (a) dismissal of the Statement of Claim; (b) costs; and (c) further or other relief.
Reservations
The Respondent reserves the right to amend or supplement this Statement of Defence, subject to the Procedural Order and the Article 25 new-claims cut-off.
Annexure Schedule
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About this template
What is this template?
This is a formal legal pleading used by a respondent to answer a Statement of Claim in an ICC arbitration. It is not an Answer to the Request for Arbitration, which is a separate document filed at an earlier stage. It contains a general traverse and a specific paragraph-by-paragraph response table for admitting or denying allegations.
When should you use it?
Use this template when a Procedural Order requires the filing of a formal Statement of Defence following the Claimant's Statement of Claim. If you are instead responding to the initial Request for Arbitration, use an Answer to the Request for Arbitration.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 5 | General Traverse | The Respondent denies every allegation in the Statement of Claim unless a specific paragraph is expressly admitted. |
| 6 | Paragraph-by-Paragraph Reply | The Respondent provides a structured table to record whether each specific allegation is Admitted, Denied, or Not Admitted. |
| 8 | Affirmative Defences | The Respondent identifies the bare basis for specific affirmative defences and notes set-off amounts if applicable. |
| 10 | Relief Sought | The Respondent formally requests the dismissal of the Statement of Claim and the awarding of arbitration costs. |
| 11 | Reservations | The Respondent reserves the right to amend this filing prior to the Article 25 new-claims cut-off date. |
Who it's for
- a respondent defending against a claim in an arbitration under the 2026 ICC Rules
- legal counsel drafting a formal response to a Statement of Claim
- a party seeking to plead material facts and affirmative defences to the Tribunal
- a respondent asserting a set-off or preparing for a Statement of Counterclaim
How long it runs and how it's signed
Law it's drafted under
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