Statement of Defence to Counterclaim (Pleading) (SIAC Rules) by OLL
Statement of Defence to Counterclaim under SIAC Rules (2025, 7th Edition)
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SIAC Rules (2025, 7th Edition) — Statement of Defence to Counterclaim
This is the Claimant/Counterclaim-Respondent's reply to the Respondent's Statement of Counterclaim, submitted under Rule 33.4, pleading bare material facts and traverse only, with no argument.
Preliminary Matters
This arbitration may proceed under the Streamlined Procedure or the Expedited Procedure. If either applies, confirm the applicable timetable.
Jurisdiction Gate — Counterclaim. Per Rule 31.2(a) of the SIAC Rules (2025, 7th Edition) — the second limb — any objection to jurisdiction over the Counterclaim must be raised in this document if not already raised. See Section 4 below.
STATEMENT OF DEFENCE TO COUNTERCLAIM
SIAC Case No.: [Insert case number, if assigned]
IN THE MATTER OF AN ARBITRATION UNDER THE SIAC RULES (2025, 7th EDITION)
BETWEEN
[Claimant's name]
[Claimant's address]
("Claimant," "Counterclaim-Respondent")
— and —
[Respondent's name] of
[Respondent's address]
("Respondent," "Counterclaim-Claimant")
Submitted on behalf of the Claimant/Counterclaim-Respondent by: [Representative's title] [Representative's name]
Date: [Date]
Introduction
This Statement of Defence to Counterclaim is submitted pursuant to Rule 33.4, pleading material facts only. Section index: (I) Third-Party Funding Disclosure; (II) Jurisdiction (Counterclaim); (III) General Traverse; (IV) Paragraph-by-Paragraph Reply; (V) Rule 33.4(a) — Material Facts; (VI) Rule 33.4(b) — Cross-Claim/Set-Off (bare characterisation only); (VII) Rule 33.4(c) — Relief Sought.
Third-Party Funding Disclosure
Pursuant to Rule 38.1 of the SIAC Rules (2025, 7th Edition), the Claimant/Counterclaim-Respondent discloses [state one: the existence of a third-party funding agreement, together with the identity and contact details of the funder; OR that no third-party funding agreement exists].
Jurisdiction (Counterclaim)
[State one: Objection to jurisdiction over the Counterclaim on the following bare basis: [state basis — no argument]; OR No objection is raised to jurisdiction over the Counterclaim.]
General Traverse
Save as expressly admitted below, the Claimant/Counterclaim-Respondent denies each allegation in the Statement of Counterclaim.
Paragraph-by-Paragraph Reply
Drafting note: use "Not Admitted" for allegations outside the Claimant/Counterclaim-Respondent's own knowledge, rather than a positive denial.
Material Facts
[Bare facts only, no argument.]
Rule 33.4(a) —
7. Cross-Claim / Set-Off (Bare Characterisation)
[Include the following paragraph only if the Claimant/Counterclaim-Respondent pleads set-off or a cross-claim within this document:]
Set-Off / Cross-Claim. Pleaded in the amount of [amount] — bare characterisation only, per Rule 33.4(b). This is a separate set-off from any pleaded by the Respondent in its own Statement of Defence.
Rule 33.4(b)
8. Relief Sought
The Claimant/Counterclaim-Respondent seeks: (a) dismissal of the Statement of Counterclaim; [Include the following only if set-off/cross-claim is pleaded: (b) effect given to the set-off/cross-claim of [amount];] (c) costs of the Counterclaim; and (d) further or other relief.
Rule 33.4(c)
9.Reservations
The Claimant/Counterclaim-Respondent reserves the right to amend or supplement this document pursuant to Rule 33.5.
Annexure Schedule
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About this template
What is this template?
This is a formal pleading used in international arbitration to respond to a counterclaim. It is not an initial Statement of Claim or a full Statement of Defence, but a focused response limited to material facts and bare characterisations of set-offs. It specifically requires a mandatory third-party funding disclosure and a section for jurisdictional objections.
When should you use it?
Use this document when the Respondent in a SIAC-governed arbitration has filed a Statement of Counterclaim and the Claimant must reply within the timeframe set by Rule 33.4. Use a Statement of Defence and Counterclaim instead if you are the original Respondent initiating the counterclaim.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Section 2 | Third-Party Funding Disclosure | The Counterclaim-Respondent must disclose the existence, identity, and contact details of any third-party funder per SIAC Rule 38.1. |
| Section 3 | Jurisdiction (Counterclaim) | The party must state any bare jurisdictional objections to the Counterclaim as required by SIAC Rule 31.2(a). |
| Section 4 | General Traverse | The Counterclaim-Respondent denies every allegation in the Statement of Counterclaim unless specifically admitted. |
| Section 6 | Material Facts | The document requires a statement of bare material facts without argument in accordance with SIAC Rule 33.4(a). |
| Section 8 | Relief Sought | The Claimant requests dismissal of the Counterclaim, specific costs, and effect given to any pleaded set-off under Rule 33.4(c). |
| Section 10 | Annexure Schedule | The submission must include copies of all supporting documents not previously submitted by any party per SIAC Rule 33.7. |
Who it's for
- a claimant in a SIAC arbitration responding to a counterclaim filed by the respondent
- legal representatives drafting a streamlined or expedited defence to a counterclaim under the 2025 SIAC Rules
How long it runs and how it's signed
Law it's drafted under
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