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What is Statement of Defence

Chapter 7
Policies, Practices, and Protocols for International Commercial Arbitration
In an arbitration conducted under certain rules, such as CAM Rules, the Statement of Defence is the first opportunity for the Respondent to present its position on the Claimant’s assertions. The Respondent can also make any objections to the Tribunal’s jurisdiction, attempt to join in the proceedings any other parties, and assert any counterclaims that it may have against the Claimant. The Statement of Defence should be submitted within the period of time agreed upon by the parties or determined by the arbitral tribunal.
Published in Chapter:
Arbitral Decisions from Around the World: A Brief Analysis
Copyright: © 2023 |Pages: 48
DOI: 10.4018/978-1-6684-4040-7.ch007
Abstract
According to the rules of the arbitration court, any agreement, submission, or reference made or evidenced in writing with a duly signed or unsigned document shall be deemed to have been agreed in by the parties. The parties agree that the arbitration court's rules must also be taken into account. More in-depth discussions are required to shed light on such topics as the legal framework for international arbitral awards, the form and contents of international arbitral awards, the correction, interpretation, and supplementation of international arbitral awards, the annulment of international arbitral awards, the recognition and enforcement of international arbitral awards, and the application of preclusion, Lis Pendis, and Stare Decisis in international arbitration awards. The purpose of this chapter is to present these within the legal framework of specific arbitral courts, most notably the London Court of International Arbitration.
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