Law and justice explained
How do you raise a counterclaim in arbitration?
A respondent may bring a counterclaim within the scope of the arbitration agreement and tribunal's jurisdiction, subject to limitation and procedural requirements.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- How do you raise a counterclaim in arbitration?
- Direct answer A respondent may bring a counterclaim within the scope of the arbitration agreement and tribunal's jurisdiction, subject to limitation and procedural requirements.
- Legal position and important distinctions A counterclaim can be an affirmative claim, distinct from a mere set-off.
Detailed analysis
Understanding law and procedure
How do you raise a counterclaim in arbitration?
Direct answer
A respondent may bring a counterclaim within the scope of the arbitration agreement and tribunal's jurisdiction, subject to limitation and procedural requirements.
Legal position and important distinctions
A counterclaim can be an affirmative claim, distinct from a mere set-off.
Consider Section 23(2A) and the agreement's scope.
How the situation works in practice
- Additional deposits or fees may apply.
- Check limitation independently for the counterclaim.
Practical next steps
- Calculate the independent amount and breach.
- Support it with the contract and records.
- File and serve within the timetable.
Avoid this common mistake
A bare statement that the respondent suffered losses is not a fully pleaded counterclaim.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.