Published: 2026-02-27 00:00
I. Introduction
The system of statement of defence and counterclaim is a core mechanism for the Respondent in arbitration proceedings to safeguard its legitimate rights and interests and exercise its procedural rights. The right to defence ensures the Respondent's right to be informed and to contest the content submitted by the Claimant, reflecting the basic requirements of procedural fairness; the counterclaim system facilitates the resolution of all related disputes between the parties within the same arbitration proceedings, achieving economy and completeness in dispute resolution and avoiding the burden of multiple lawsuits. Article 20 of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) "Commercial Arbitration Rules" establishes a clear and rigorous system of rules concerning the "Statement of Defence and Counterclaim." This article not only specifies the form, content, and time limit for the Respondent's statement of defence but also details the conditions for raising a counterclaim, and closely aligns with other articles such as Article 4 "Notice of Arbitration," Article 5 "Response to Notice of Arbitration," and Article 19 "Statement of Claim," collectively forming a procedural framework that equally protects the parties and promotes the efficient conduct of arbitration proceedings. The article aims to balance the rights of the Claimant and the Respondent through clear guidance, prevent procedural delays, and strive for a fair and timely resolution of the dispute.
II. Original Rule Text
Article 20 Statement of Defence and Counterclaim
(1) The Respondent shall, within the period determined by the Arbitral Tribunal, deliver its Statement of Defence in writing to all members of the Arbitral Tribunal and the Claimant.
The Respondent may elect to treat its response to the Notice of Arbitration referred to in Article 5 of these Rules as its Statement of Defence, provided that such response complies with the requirements set forth in paragraphs (2) to (3) of this Article.
(2) The Statement of Defence shall respond to the Statement of Claim in accordance with the contents specified in Article 19(2), items 2 to 5 of these Rules, and shall include the legal basis and arguments supporting its defence.
If the Respondent has any objection to the jurisdiction of the Arbitral Tribunal or the constitution of the arbitral tribunal, it shall state the facts and legal basis for such objection in the Statement of Defence.
(3) The Statement of Defence shall be accompanied by all documents and evidence relied upon in support of the defence, as well as evidence of the Respondent's legal standing.
*(4) If the Respondent raises a counterclaim or a claim for set-off based on the claim in the Statement of Defence, it shall set out the following:*
*1. A statement of facts supporting the counterclaim or claim for set-off;*
*2. The legal basis and arguments supporting the counterclaim or claim for set-off; and*
3. The remedy or damages sought.
(5) If the Respondent applies for an extension of time to file the Statement of Defence, the Arbitral Tribunal may, if it finds that there is justifiable cause, grant an appropriate extension of the time limit for filing the defence.
(6) Failure by the Respondent to file a Statement of Defence or filing a Statement of Defence that does not comply with these Rules shall not prevent the continuation of the arbitration proceedings.
III. Article Analysis
(A) Paragraph (1)
1. Core Characteristics Analysis
This paragraph establishes the basic formal requirements for the statement of defence and the recipients for delivery, and innovatively introduces a mechanism for document consolidation.
(1) Written Form and Comprehensive Delivery. It explicitly requires the Statement of Defence to be submitted in "written form" and delivered to "all members of the Arbitral Tribunal and the Claimant." This ensures that all members of the Arbitral Tribunal and the opposing party have timely access to the defence content, guaranteeing information symmetry and procedural openness and transparency.
(2) Flexibility in Document Consolidation. It allows the Respondent to directly treat the "response to the Notice of Arbitration" as the "Statement of Defence," provided it meets the content requirements. This design avoids the cumbersome process of the parties preparing duplicate materials, simplifies procedural steps, reflects the Rules' pursuit of procedural efficiency, and provides convenience for the parties.
2. Comparative Law Perspective
The Singapore International Arbitration Centre (SIAC) Rules (Articles 7, 33) provide that if the Claimant has filed a Statement of Claim together with the Notice of Arbitration, the Respondent may (but is not required to) include a Statement of Defence and Counterclaim in its response to the Notice of Arbitration. If not, the Respondent shall submit a Statement of Defence to the Claimant, the Tribunal, and the SIAC Registrar within the period determined by the Tribunal.1
The Hong Kong International Arbitration Centre (HKIAC) Rules (Articles 5, 17) provide that if the Notice of Arbitration contains a Statement of Claim, the response to the Notice of Arbitration may also contain a Statement of Defence. Unless the Statement of Defence is contained in the response to the Notice of Arbitration (or the Respondent elects to treat its response as the Statement of Defence), the Respondent shall transmit its Statement of Defence to all other parties and the Arbitral Tribunal within the time limit set by the Arbitral Tribunal.2
The ICC International Court of Arbitration Rules (Article 5) provide that the Respondent shall submit its Answer within thirty days from receipt of the Claimant's file from the Secretariat, and the Secretariat shall transmit the Answer and its attachments to all other parties.3
The London Court of International Arbitration (LCIA) Rules (Article 15) provide that the Respondent shall submit its Statement of Defence to the Arbitral Tribunal and all other parties within 28 days of receipt of the Claimant's Statement of Case or the Claimant's notice electing to treat its Request as its Statement of Case.4
The Stockholm Chamber of Commerce (SCC) Rules require the Respondent to submit an Answer after receiving the Statement of Claim, with the Secretariat setting the time limit for the Respondent's submission to the SCC.5
ICDPASO: The distinguishing feature of this paragraph is its clear grant of the option to the Respondent to convert its "response to the Notice of Arbitration" into a "Statement of Defence." This flexibility is relatively rare in other rules and helps reduce the procedural burden on the parties, accelerating the commencement of arbitration proceedings.
3. Jurisprudential Analysis
(1) Principle of Procedural Participation and Equality. Requiring the Statement of Defence to be delivered to all members of the Arbitral Tribunal and the Claimant ensures the Claimant's right to be informed as the opposing party, placing both parties on an equal footing in obtaining procedural information, directly reflecting the principle of equality.
(2) Principle of Procedural Economy. Allowing the initial response to be treated as a formal defence reduces the steps involved in preparing and transmitting documents, saving arbitration costs and time, aligning with the value pursuit of efficiency in international commercial arbitration.
(3) Guarantee of Due Process. The written form requirement ensures the certainty and traceability of the defence content, laying the foundation for subsequent evidence submission and examination.
(B) Paragraph (2)
1. Core Characteristics Analysis
This paragraph specifies the substantive content requirements of the Statement of Defence and the timing for raising jurisdictional objections. It establishes a targeted defence obligation, requiring the Statement of Defence to specifically respond to particular content in the Statement of Claim (such as facts, legal basis), ensuring clarity of the disputed issues. Simultaneously, it mandates that parties perfect the content related to jurisdictional objections during the defence process, stipulating that if the Respondent objects to jurisdiction or the constitution of the arbitral tribunal, it must state the facts and legal basis for such objection in the Statement of Defence.
2. Comparative Law Perspective
SIAC Rules (Article 33) require the Statement of Defence to set out a statement of facts supporting the defence to the Statement of Claim, the legal grounds or arguments supporting the defence, counterclaim, cross-claim, or set-off, and the relief sought.
HKIAC Rules (Article 17) stipulate that the Statement of Defence shall respond to the particulars in the Statement of Claim. If the Respondent objects to the jurisdiction or constitution of the arbitral tribunal, the Statement of Defence shall contain the facts and legal basis for such objection.6
ICC Rules (Article 5) provide that the Answer shall include the Respondent's information, its comments on the nature of the dispute, its response to the relief sought, and its comments on the arbitration proceedings.
LCIA Rules (Article 2) provide that the Respondent may elect in writing to treat its Response as its Statement of Defence, and detail the contents of the Response, including the Respondent's information, its comments on the Claimant's claim, the nature and circumstances of the dispute, its comments on procedural matters, etc.7
SCC Rules (Article 9) stipulate that the Answer shall include any objection to the arbitration agreement, a statement accepting or denying the relief sought in the Statement of Claim, a preliminary statement on any counterclaim or set-off claim, comments on the number of arbitrators and the seat of arbitration, and information for appointing an arbitrator.
The advantage of the ICDPASO paragraph lies in the specificity of the defence content. By clarifying the scope of response in the Statement of Defence, it enhances the effectiveness of the adversarial process; by incorporating objections to jurisdiction and tribunal constitution into the Statement of Defence, it achieves centralized handling of procedural and substantive disputes, reducing the need for separate initiation of procedural stages.
3. Jurisprudential Analysis
(1) Direct Embodiment of the Adversarial Principle. Arbitration, as a consensual dispute resolution method, is fundamentally characterized by equal adversarial engagement between the parties. The obligation for a targeted response in the Statement of Defence is a direct requirement of this adversarial principle. Requiring the Respondent to respond to the core elements of the Statement of Claim one by one ensures that the disputed points of both parties are fully presented, facilitating the Arbitral Tribunal's accurate grasp of the key issues and enhancing the efficiency of fact-finding and legal application.
(2) Basic Requirement of the Principle of Legitimacy of Claims. Requiring the defence claims to be supported by corresponding legal basis and arguments is essentially a legitimacy constraint on the exercise of the parties' procedural rights. The Respondent's exercise of the right to defence in arbitration is not without boundaries; its claims must comply with legal provisions and arbitration rules, preventing parties from delaying proceedings or harming the legitimate rights of the opposing party through baseless defences, reflecting the principle of legitimacy of claims.
(C) Paragraph (3)
1. Core Characteristics Analysis
This paragraph stipulates the obligation to submit relevant evidence during the defence and the requirement for proof of legal standing.
(1) Requires attachment of "all documents and evidence" because the Statement of Defence is often a statement of views and facts; only when corroborated by evidence can it better assist the Arbitral Tribunal's assessment. Additionally, requiring the submission of defence views and supporting evidence protects the opposing party's right to review and challenge evidence.
(2) Proof of Legal Standing. Specifically requires the provision of evidence of the Respondent's legal standing. This is crucial in commercial arbitration for confirming the validity of the arbitration agreement and the proper standing of the arbitration parties, especially in cases involving multiple parties or corporate changes.
2. Comparative Law Perspective
SIAC Rules (Article 33) require the Statement of Defence to be accompanied by the legal grounds or arguments supporting the defence, counterclaim, cross-claim, or set-off, but do not explicitly require attachment of proof of legal standing.
HKIAC Rules (Article 17) stipulate that the Respondent shall attach all supporting documents relied upon to the Statement of Defence.8
ICC Rules (Article 5) provide that the Respondent may submit with its Answer such other documents or information as it considers appropriate or as may contribute to the efficient resolution of the dispute.
LCIA Rules (Articles 2, 15) provide that the Response shall contain the Respondent's identifying information, and the Statement of Defence shall be accompanied by all documents relied upon.
While major rules like SIAC, HKIAC, and ICC generally require parties to attach documents they rely upon when submitting a defence, the ICDPASO rules are more explicit and specific in separately listing "proof of legal standing."
3. Jurisprudential Analysis
(1) Principle of Evidence Exchange and Transparency. Requiring all supporting evidentiary materials to be attached is a prerequisite for achieving procedural transparency and fair hearing. Both parties disclosing relevant evidence fully and timely ensures more effective debate during the hearing.
(2) Review of Proper Party Standing. Proof of legal standing is a prerequisite for the lawful commencement of arbitration proceedings. Requiring the Respondent to proactively provide it shares the review responsibility with the Arbitral Tribunal and improves screening efficiency in the early stages of the procedure.
(D) Paragraph (4)
1. Core Characteristics Analysis
This paragraph regulates the requirements for raising counterclaims and set-off claims.
(1) Standardization and Clarification of Content Structure. It explicitly requires counterclaims and set-off claims to include three parts: a statement of facts, legal basis and arguments, and the remedy or damages sought. This forms a standardized claim structure, providing clear guidance for the Respondent in preparing relevant documents, and facilitates the Arbitral Tribunal's formal and substantive review of counterclaims and set-off claims.
(2) Uniform Procedural Treatment of Counterclaims and Set-off Claims. It uniformly regulates set-off claims alongside counterclaims, requiring both to follow the same content requirements. It does not set differentiated procedural standards for the two, ensuring consistency in the arbitration procedure and avoiding confusion in the exercise of parties' rights due to differing procedural requirements.
(3) Integrated Submission with the Statement of Defence. Allowing the Respondent to raise counterclaims and set-off claims together in the Statement of Defence enables integrated handling of defence, counterclaims, and set-off claims. This avoids procedural fragmentation and time extensions caused by the Respondent initiating counterclaim proceedings separately, simplifies procedural steps, and reduces the parties' procedural costs.
2. Comparative Law Perspective
SIAC Rules (Article 33) stipulate that if a Statement of Counterclaim is submitted, the Claimant shall, within a period determined by the Tribunal, deliver a Statement of Defence to Counterclaim setting out supporting facts, legal grounds/arguments for defence, cross-claim, or set-off, and the relief sought.9
HKIAC Rules (Article 5) provide that any counterclaim, set-off defence, or cross-claim by the Respondent shall, as far as possible, be raised with the response to the Notice of Arbitration. The content should include copies of relevant contracts/documents or reference thereto, a description of the basic nature and amount involved (if any), and the remedy or relief sought.10
ICC Rules (Article 5) stipulate that any counterclaim made by the Respondent shall be submitted with its Answer and shall contain the nature and basis of the counterclaim, the relief sought, the relevant agreement(s), and other appropriate documents or information.11
LCIA Rules (Articles 2, 15) provide that the Response shall state any counterclaim by the Respondent against any Claimant and any cross-claim against any other Respondent; the Respondent may elect in writing to treat its Response as its Statement of Defence and Counterclaim, detailing relevant facts, legal submissions, relief claimed, and all documents relied upon.
SCC Rules (Article 9) stipulate that the Answer shall include a preliminary statement on any counterclaim or set-off claim, including an estimate of its monetary value.
ICDPASO's paragraph structurally references international practices while explicitly listing "set-off claims." Its advantage lies in achieving centralized dispute resolution through the integrated submission of counterclaims, set-off claims, and the Statement of Defence, which, compared to the relatively independent designs of other institutions, better enhances the efficiency of the arbitration procedure.
3. Jurisprudential Analysis
(1) Completeness and Economy of Dispute Resolution. Allowing counterclaims aims to resolve all disputes arising from the same contractual relationship or legal event in a single case, avoiding conflicting judgments and aligning with the economic principle of dispute resolution.
(2) Equal Protection of Defensive Rights. Requiring counterclaims to have complete constituent elements is intended to balance the litigation positions of both parties. When the Respondent transforms into the claiming party via a counterclaim, its claims must also undergo equal procedural scrutiny.
(E) Paragraph (5)
1. Core Characteristics Analysis
This paragraph establishes the system for extending the time limit for filing the Statement of Defence. It clarifies that an application for extension must satisfy the condition of "justifiable cause" and is subject to the discretionary decision of the Arbitral Tribunal on whether to grant an extension.
(1) Discretion to Extend Time Limit Vested in the Arbitral Tribunal. The Respondent's application for an extension of time to file a defence must be reviewed and decided by the Arbitral Tribunal. The Arbitral Tribunal is the sole decision-making body for extensions, determining whether the application has justifiable grounds based on the specific circumstances of the case, ensuring the reasonableness and necessity of the extension.
(2) Restrictive Principle for Extensions. The Arbitral Tribunal may only grant an "appropriate extension" if there is "justifiable cause." This establishes both the legal prerequisite for an extension and limits the scope of the extension, preventing the Arbitral Tribunal from granting indefinite extensions and discouraging the Respondent from applying for extensions on unjustified grounds to delay proceedings.
2. Comparative Law Perspective
SIAC Rules (Article 5) state that the Registrar may extend or abridge any period of time under the Rules, with no specific provision for extending the defence deadline.12
HKIAC Rules (Article 21) similarly provide that the Arbitral Tribunal may extend time limits if it considers it justified to do so, even if the relevant time limit has already expired.13
ICC Rules (Article 5) stipulate that the Secretariat may grant an extension of time for the Respondent to submit its Answer, provided that the Respondent's request for an extension includes its comments on the number of arbitrators, the choice of arbitrators, and any nominee(s) required by Articles 12 and 13.14
A notable feature of the ICDPASO paragraph is its specific provision for extending the defence deadline, exclusively vesting discretion in the Arbitral Tribunal. This prevents abuse of extension applications by the Respondent while ensuring that extension decisions align with the actual circumstances of the case, better reflecting procedural fairness and efficiency.
3. Jurisprudential Analysis
(1) Principle of Proportionality. Combining a fixed deadline with discretionary extensions ensures overall procedural efficiency while accommodating parties' genuine needs under special circumstances (e.g., force majeure, sudden difficulty obtaining evidence), reflecting the flexibility of the rules.
(2) Procedural Management Power of the Arbitral Tribunal. Granting decision-making power to the Arbitral Tribunal strengthens its control over the procedure, preventing unjustified delays.
(F) Paragraph (6)
1. Core Characteristics Analysis
This paragraph clarifies the legal consequences of the Respondent's failure to file a Statement of Defence or filing a non-compliant Statement of Defence. It is a safeguard rule ensuring that arbitration proceedings are not stalled by a party's unilateral conduct. Whether it is passive "failure to file a defence" or "filing a defence that does not comply with the Rules," neither prevents the continuation of the arbitration proceedings. The Arbitral Tribunal may proceed with the hearing and render an award based on the existing evidentiary materials and the Claimant's claims, negating the possibility of obstructing proceedings through inaction or improper action.
2. Comparative Law Perspective
SIAC Rules (Article 44) provide that if the Respondent fails to submit a Statement of Defence within the specified time, or if any party fails to present its case, the Tribunal may proceed with the arbitration without treating such failure as an admission of any allegations.15
HKIAC Rules (Article 26) provide that if the Respondent fails to transmit a written submission within the set time without showing sufficient cause, the Arbitral Tribunal may continue the arbitration.16
ICC Rules (Articles 5, 6) provide that if any party against which a claim has been made fails to submit an Answer, the arbitration shall proceed. The Secretariat may grant an extension for the Answer, but the request must include comments on arbitrator-related matters. If a party fails to comply, the Court will proceed in accordance with the Rules.17
LCIA Rules (Article 15) provide that if the Respondent fails to submit a Statement of Defence or any party fails to present its written case, the Arbitral Tribunal may proceed with the arbitration (with or without a hearing) and make one or more awards.18
SCC Rules (Article 9) provide that failure by the Respondent to submit an Answer shall not prevent the continuation of the arbitration.19
ICDPASO's provision is highly similar to international practice, with the advantage of comprehensive legal consequence regulation. Compared to other international arbitration rules that only address the Respondent's "failure to file a defence," ICDPASO also includes the scenario of "filing a defence that does not comply with the Rules," explicitly stating that both situations do not affect the continuation of proceedings, filling a potential gap and providing more comprehensive coverage.
3. Jurisprudential Analysis
(1) Estoppel and Waiver of Rights. The Respondent's failure to file a Statement of Defence within the prescribed time limit is deemed a waiver of its right to defend. Having been guaranteed the right to be informed and the opportunity to defend, its inaction cannot become a reason to hinder the proceedings.
(2) Compulsory Nature of Procedural Advancement. Unlike court proceedings initiated by judicial authorities, arbitration is contractual in nature. However, once proceedings are initiated, to protect the legitimate rights of the compliant party (Claimant), the procedure must have compulsory forward momentum. This clause prevents the Respondent from evading legal responsibility through "disappearance" or delay.
IV. Conclusion
Article 20 of the ICDPASO "Commercial Arbitration Rules," through its six paragraphs, establishes a system for statement of defence and counterclaim that aligns with international commercial arbitration practice while possessing distinctive features. Through detailed designs such as document consolidation, accompanying evidence, parallel treatment of counterclaims and set-off, and simultaneous raising of jurisdictional objections, the article demonstrates high practicality and foresight. It effectively safeguards the Respondent's right to defence, ensures the adversarial nature and fairness of the procedure, and robustly upholds the efficiency and stability of the arbitration process through strict time limits and consequence constraints.
In comparison with mainstream international arbitration rules, ICDPASO's rules showcase a unique pursuit of procedural economy and operability, which will undoubtedly further enhance the professional standards and international credibility of the ICDPASO Arbitration Court in resolving international commercial disputes.
1.SIAC Rules art. 7, 33(2025), which provides that: "7.2 If the Claimant has filed a Statement of Claim with the Notice pursuant to Rule 6.4, the Respondent may, but is not required to, include a Statement of Defence and Statement of Counterclaim in accordance with Rule 33.3. 33.3 Unless already submitted pursuant to Rule 7.2, the Respondent shall, within a period of time to be determined by the Tribunal, deliver to the Claimant, the Tribunal, and the SIAC Secretariat, a Statement of Defence (and Statement of Counterclaim, if any) setting out: (a) a statement of facts supporting the defence to the Statement of Claim and the Statement of Counterclaim (if any); (b) the legal grounds or arguments supporting the defence, counterclaim, cross-claim, or set-off; and (c) the relief sought." 2.Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules (2024) 5.2 If the Notice of Arbitration contains a Statement of Claim, the Answer may also contain a Statement of Defence. 17.1 Unless the Statement of Defence is contained in the Answer (or the Respondent elects to treat its Answer as the Statement of Defence), the Respondent shall transmit its Statement of Defence to all other parties and the Arbitral Tribunal within the time limit set by the Arbitral Tribunal. 3.ICC Arbitration Rules (2020) Article 5 Answer; Counterclaim 1 Within 30 days from the receipt of the file from the Secretariat, the Respondent shall submit an Answer which shall include the following: a) its full name, description, address and other contact details; b) the full name, address and other contact details of any person(s) representing the Respondent in the arbitration; c) its comments as to the nature and circumstances of the dispute giving rise to the claims and the basis upon which the claims are made; d) its response to the relief sought; e) any comments or proposals concerning the number of arbitrators and their choice in light of the Claimant's proposals and in accordance with the provisions of Articles 12 and 13, and any nomination of an arbitrator required thereby; and f) any comments or proposals as to the place of the arbitration, the applicable rules of law and the language of the arbitration. The Respondent may submit with its Answer such other documents or information as it considers appropriate or as may contribute to the efficient resolution of the dispute. 4 The Secretariat shall transmit the Answer and its attachments to all other parties. 4. LCIA Arbitration Rules art. 15(2020), which provides that: "15.3 Within 28 days of receipt of the Claimant's Statement of Case or the Claimant's election to treat the Request as its Statement of Case, the Respondent shall deliver to the Arbitral Tribunal and all other parties either: (i) its written election to have its Response treated as its Statement of Defence and (if applicable) Counterclaim complying with this Article 15.3; or (ii) its written Statement of Defence and (if applicable) Statement of Counterclaim setting out in sufficient detail the relevant facts and legal submissions on which it relies, together with the relief claimed against all other parties, and all documents relied upon." 5.SCC Arbitration Rules (2023) Article 9 Answer (1) The Secretariat shall send a copy of the Statement of Claim and the accompanying documents to the Respondent and set a time limit for the Respondent to submit an Answer to the SCC. The Answer shall include: (i) any objection concerning the existence, validity or applicability of the arbitration agreement; the failure of the Respondent to raise any objection does not preclude it from raising such objection at any time up to and including the submission of its Statement of Defence; (ii) a statement accepting or denying the relief sought in the Statement of Claim; (iii) a preliminary statement concerning any counterclaim or set-off claim including an estimate of the monetary value thereof; (iv) in case a counterclaim or set-off is based on multiple arbitration agreements, a specification of which arbitration agreement each counterclaim or set-off claim is based on; (v) comments on the number of arbitrators and the seat of arbitration; and (vi) if applicable, the name, address, telephone number and email address of the arbitrator appointed by the Respondent. (2) The Secretariat shall send the Answer to the Claimant and may provide the Claimant an opportunity to submit comments on the Answer. (3) Failure by the Respondent to submit an Answer shall not prevent the continuation of the arbitration proceedings. 6.HKIAC Rules (2024) Article 17 17.2 The Statement of Defence shall respond to the particulars in the Statement of Claim (set out in Article 16.2(a) to (c)). If the Respondent has any objection to the jurisdiction of the Arbitral Tribunal or to the proper constitution of the arbitral tribunal, the Statement of Defence shall contain the facts and legal basis for such objection. 7.LCIA Arbitration Rules art. 2(2020), which provides that: "Article 2 Response 2.1 Within 28 days of the Commencement Date, or such lesser or greater period to be determined by the LCIA Court upon application by any party or upon its own initiative (pursuant to Article 22.5), the Respondent shall deliver to the Registrar a written response to the Request (the "Response"), containing or accompanied by: (i) the Respondent's full name, nationality and all contact details (including email address, postal address and telephone number) for the purpose of receiving delivery of all documentation in the arbitration in accordance with Article 4 and the same particulars of its authorised representatives (if any); (ii) confirmation or denial of all or part of the claim advanced by the Claimant in the Request, including the Claimant's invocation of the Arbitration Agreement in support of its claim; (iii) if not full confirmation, a statement briefly summarising the nature and circumstances of the dispute, its estimated monetary amount or value, the transaction(s) at issue and the defence advanced by the Respondent, and also indicating any counterclaim advanced by the Respondent against any Claimant and any cross-claim against any other Respondent; (iv) a response to any statement of procedural matters for the arbitration contained in the Request under Article 1.1(iv), including the Respondent's own statement relating to the arbitral seat, the language(s) of the arbitration, the number of arbitrators, their qualifications and identities and any other procedural matter upon which the parties have already agreed in writing or in respect of which the Respondent makes any proposal under the Arbitration Agreement; (v) if the Arbitration Agreement (or any other written agreement) howsoever calls for party nomination of arbitrators, the full name, email address, postal address and telephone number of the Respondent's nominee; and (vi) confirmation that copies of the Response (including all accompanying documents) have been or are being delivered to all other parties to the arbitration in accordance with Article 4 by one or more means of delivery to be identified specifically in such confirmation, to be supported then or as soon as possible thereafter by documentary proof satisfactory to the LCIA Court of actual delivery (including the date of delivery) or, if actual delivery is demonstrated to be impossible to the LCIA Court's satisfaction, sufficient information as to any other effective form of notification." 8. HKIAC Administered Arbitration Rules (2024) Article 17 17.4 The Respondent shall attach to the Statement of Defence all supporting documents on which it relies. 9. SIAC Rules art. 33(2025), which provides that: "33.4 If a Statement of Counterclaim is submitted, the Claimant shall, within a period of time to be determined by the Tribunal, deliver to the Respondent, the Tribunal, and the SIAC Secretariat, a Statement of Defence to Counterclaim setting out: (a) a statement of facts supporting the Statement of Defence to Counterclaim; (b) the legal grounds or arguments supporting the defence, cross-claim, or set-off; and (c) the relief sought." 10. HKIAC Administered Arbitration Rules (2024) Article 5 5.3 Any counterclaim, set-off defence or cross-claim by the Respondent shall, as far as possible, be raised with the Answer. The content of any counterclaim, set-off defence or cross-claim shall include: (a) a copy of the contract or other legal instrument(s) giving rise to or relating to the counterclaim, set-off defence or cross-claim or a reference thereto; (b) a description of the basic nature and, where in quantified terms, the amount involved in the counterclaim, set-off defence and/or cross-claim; (c) the remedy or relief sought. 11.ICC Arbitration Rules (2020) Article 5 5 Any counterclaim made by the Respondent shall be submitted with its Answer and shall contain: a) the nature and circumstances of the dispute giving rise to the counterclaim and the basis upon which the counterclaim is made; b) the relief sought together with any quantified counterclaim and, to the extent possible, an estimate of the monetary value of any other counterclaim; c) any agreement(s) and, in particular, the arbitration agreement(s) relied upon; and d) where claims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each counterclaim is made. The Respondent may submit with its counterclaim such other documents or information as it considers appropriate or as may contribute to the efficient resolution of the dispute. 12.SIAC Rules art. 5(2025), which provides that: "5.3 Except as otherwise provided in these Rules, the Registrar may at any time extend or abridge any period of time under these Rules." 13.HKIAC Administered Arbitration Rules (2024) Article 21 21.2 The Arbitral Tribunal may extend time limits which it has set if it considers that an extension is justified, even if the relevant time limit has already expired. 14.ICC Arbitration Rules (2020) Article 5 2 The Secretariat may grant an extension of time for the submission of the Answer, provided the application therefor contains the Respondent's comments or proposals concerning the number of arbitrators and their choice and, where required by Articles 12 and 13, the nomination of an arbitrator. If the Respondent fails to do so, the Court shall proceed in accordance with the Rules. 15.SIAC Rules art. 44(2025), which provides that: "If the Respondent fails to submit a Statement of Defence within the time specified by the Tribunal, or if at any point any party fails to avail itself of the opportunity to present its case in the manner directed by the Tribunal, the Tribunal may proceed with the arbitration without treating such failure in itself as an admission of any allegations." 16.HKIAC Administered Arbitration Rules (2024) Article 26 Default 26.2 If the Respondent fails to transmit a written submission within the time set by the Arbitral Tribunal without showing sufficient cause for such failure, the Arbitral Tribunal may, notwithstanding such failure, proceed with the arbitration. 17.ICC Arbitration Rules (2020) Article 6 3 If any party against which a claim has been made fails to submit an Answer, or if any party raises one or more pleas concerning the existence, validity or scope of the arbitration agreement or concerning whether all of the claims made in the arbitration may be determined together in a single arbitration, the arbitration shall proceed and any question of jurisdiction or of whether the claims may be determined together in that arbitration shall be decided directly by the arbitral tribunal, unless the Secretary General refers the matter to the Court for its decision pursuant to Article 6(4). 8 If any party fails to appear at a hearing or fails to participate in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such failure. 18.LCIA Arbitration Rules art. 15(2020), which provides that: "15.8 If the Respondent fails to submit a Statement of Defence or the Claimant a Statement of Defence to Counterclaim, or if at any time any party fails to avail itself of the opportunity to present its written case in the manner required under this Article 15 or as otherwise ordered by the Arbitral Tribunal, the Arbitral Tribunal may nevertheless proceed with the arbitration (with or without a hearing) and make one or more awards." 19.SCC Arbitration Rules (2023) Article 9 (3) Failure by the Respondent to submit an Answer shall not prevent the continuation of the arbitration proceedings.
