Civil

Statement of Defence with Counter-Claim and Set-Off

A Statement of Defence is the respondent's primary pleading in an arbitration, filed in answer to the claimant's Statement of Claim. This version also incorporates a counter-claim or a plea of set-off, allowing the respondent to assert its own monetary claims against the claimant within the same proceeding.

It is filed before an institutional or ad hoc arbitral tribunal. The document rests on the procedural framework of the Arbitration and Conciliation Act 1996, particularly the rules on pleadings and the tribunal's power to rule on its own jurisdiction.

Draft this in LexPilot — free How AI drafting works

Governing law: Arbitration and Conciliation Act 1996, ss. 19, 21, 23, 16(2)
Sections: s. A&C Act s.23s. A&C Act s.19s. A&C Act s.16(2)s. A&C Act s.21
Filed before: Arbitral Tribunal (institutional or ad hoc)

When this is the right filing

When the respondent wishes to contest the claims on merits, facts, and law, and not merely on jurisdictional grounds.
When the respondent has a liquidated or ascertained sum due from the claimant that it wants to recover in the same arbitration by way of a counter-claim.
When the respondent seeks to plead a legal set-off, reducing or extinguishing the claimant's admitted dues.
When the respondent intends to challenge the tribunal's jurisdiction or the admissibility of the claim as a preliminary issue, without submitting to jurisdiction unconditionally.

What the court looks for

A clear and specific parawise reply admitting, denying, or putting the claimant to strict proof for each paragraph of the Statement of Claim.
A precise statement of the respondent's own case, including all material facts supporting affirmative defences, counter-claims, or set-offs.
A properly framed prayer that distinctly seeks the dismissal of the claim and the grant of the counter-claim or set-off with interest and costs.
A verification clause confirming that the facts are true to the deponent's knowledge and those based on legal advice are believed to be true.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

1Ii. preliminary objections — jurisdiction and admissibility (without prejudice)
2Iii. parawise reply to the statement of claim
3Iv. the respondent's case on facts and affirmative defences
4V. points at issue arising for determination
5Vi. reply to the reliefs claimed — quantum, interest and costs
6Prayer
7Verification

How it opens

I, [authorised signatory], the authorised signatory of the Respondent, verify at [seat] that the contents of this pleading are true to my knowledge derived from the records of the Respondent, save as to matters stated on legal advice, which I believe to be true.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a counter-claim and a set-off in an arbitration pleading?

A set-off is a defence that reduces or extinguishes the claimant's claim by showing an ascertained sum is already due from the claimant. A counter-claim is an independent claim by the respondent against the claimant that can exceed the amount of the original claim and can be awarded even if the original claim fails.

Can jurisdictional objections be raised in the Statement of Defence without submitting to the tribunal's jurisdiction?

Yes. Section 16(2) of the Act allows a party to raise a plea that the tribunal does not have jurisdiction no later than the submission of the Statement of Defence. Raising such an objection in the pleading does not amount to a submission to jurisdiction.

Is a separate fee required for a counter-claim in arbitration?

Institutional rules and ad hoc arrangements vary, but typically the tribunal or the institution requires a separate advance on costs or an additional filing fee for the counter-claim, as it is treated as a distinct claim for the purpose of costs and administration.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →