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Statement of Defence - Article 10 - Chamber of Arbitration of Milan Rules: A Commentary

Author: Michael McIlwrath
Page Count: 8
Published: April 2012
Media Desc: PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
File Size: 127 KB

Originally From:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - PDF


1. Respondent shall file its statement of defence, with
counterclaims if any, with the Secretariat within thirty days
from the receipt of the request from the Secretariat. The
Secretariat may extend this time limit for justified reasons.
2. The statement shall be signed by the party or by its counsel
with power of attorney and shall contain or be
accompanied by:
a. the name and domicile of Respondent;
b. a statement of its defence, however brief;
c. a statement of counterclaims, if any, and of their value;
d. the appointment of the arbitrator or any relevant
indications as to the number of arbitrators and the
method for their selection;
e. the evidence, if any, in support of the statement of
defence and all documents that the party deems useful
appropriate to produce;
f. a brief statement, if any, as to the rules applicable to the
proceedings, the rules applicable to the merits of the
dispute or as to the ex aequo et bono decision, the seat
and the language of the arbitration;
g. the power of attorney conferred on counsel, if already
3. The Secretariat shall send the statement of defence to
Claimant within five working days from the filing.
Respondent may send the statement of defence directly to
Claimant, provided that the statement is also filed with the
4. Where Respondent does not file a statement of defence, the
arbitration shall proceed without it.

1. The relevance and importance of the Statement of Defence

In an arbitration conducted under the CAM Rules, the Statement of
Defence is the first opportunity for the Respondent to present its position
on the Claimant’s assertions, 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.
Article 10 of the CAM Rules is similar to the Answer contemplated
by several other arbitration rules,1 in that it is submitted before the
constitution of the Arbitral Tribunal and does not require Respondent to
set out its full defence and strategy. This will come at a later time in the
proceedings. Indeed, Article 10 expressly provides that the Statement
may be “brief” and that the arbitration proceedings may proceed even in
the absence of its being filed.2
Mirroring the requirements and approach adopted for the Request for
Arbitration, Article 10 defines the filing procedures and minimum
content of the Respondent’s initial pleading. These include the
Respondent’s position on the critical matters of the number of arbitrators,
the arbitrator or co-arbitrator’s name, the method of selection of the
arbitrator(s), as well as the seat, rules, language of the arbitration, and
any counterclaims it may have against the Claimant. After this, Article
10 leaves to the Respondent’s discretion what to provide by way of
argument, legal authorities, and supporting documents with its Statement.
Thus, the Respondent must decide, as a matter of strategy, whether to
adhere to the minimum requirements or present a more fully articulated
and supported Statement at the beginning of the case.


Table of Contents

1. The relevance and importance of the Statement of Defence
2. Time period for submitting
3. Requirements not expressly stated in Article 10: jurisdictional objections and the addition of other parties 
4. The contents of the Statement of Defence
5. Counterclaims
6. Signature or power of attorney.

Author Detail

MICHAEL MCILWRATH is Associate General Counsel - Litigation
for GE Oil & Gas, based at the company’s headquarters in Florence,
Italy. He is co-author of the book International Arbitration and
Mediation: A Practical Guide (Kluwer 2010), host of International
Dispute Negotiation (, the podcast of the
International Institute for Conflict Prevention & Resolution (CPR),
winner of the CEDR award for Innovation in ADR, and a contributing
editor of the Kluwer International Arbitration blog. Mike is also an
adjunct professor at the Law Faculty at the University of Florence, where
he teaches courses on negotiation, mediation, and arbitration. He is a
member and past-president of the Board of Directors of the International
Mediation Institute, a non-profit in the Netherlands promoting mediation
as a global profession through quality, standards, and transparency, and a
member of the Board of Director of the National Center for Science
Education, a non-profit in California that defends the teaching of science
in the public schools. Mike grew up in California, had his first jobs as a
writer and English teacher in Italy, and then qualified as a lawyer in New
York, practicing with Willkie Farr & Gallagher. He returned to Italy in
1999 to join GE.

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