Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Statement of Claim and Defence in Arbitration (Section 23)

Updated 11 October 2026 · Fact-checked

Pleadings in arbitration are the claimant's statement of claim and the respondent's statement of defence under Section 23. The claimant states facts, points at issue and relief sought. The respondent replies, and may add a counterclaim or set-off. Both must be completed within six months of the arbitrators' receiving written notice of appointment.

Understand Statement of Claim and Defence (Pleadings)

Pleadings tell the tribunal what the fight is about. Before it can decide anything, it must know what the claimant says happened, what the claimant wants, and what the respondent says in answer. Section 23 of the Arbitration and Conciliation Act, 1996 sets this out.

The statement of claim comes from the claimant. It states the facts supporting the claim, the points at issue and the relief or remedy sought. The statement of defence comes from the respondent and answers each of these particulars. Both are filed within the time the parties agree or the tribunal fixes. The parties may change the required elements by agreement.

Both sides may file documents they think relevant with their statements. They may also simply refer to documents or other evidence they will submit later. So you need not attach every paper on day one.

The respondent can go on the attack too. Under Section 23(2A), the respondent may submit a counterclaim or plead a set-off. The tribunal must adjudicate it, but only if it falls within the scope of the arbitration agreement.

Pleadings are not frozen. Unless the parties agree otherwise, either party may amend or supplement the claim or defence during the proceedings. The tribunal can refuse if the amendment is inappropriate because of the delay in making it. Section 23(4) adds a time limit: pleadings must be completed within six months from the date the arbitrator, or all the arbitrators, received written notice of appointment. This date matters because the twelve-month period for the award under Section 29A(1) runs from completion of pleadings under Section 23(4).

Key rules to remember

Contents of pleadings, Section 23(1): Claim = facts + points at issue + relief or remedy sought; Defence = reply on the same particulars; Filed within the period agreed by the parties or fixed by the tribunal, unless the parties agree otherwise on the required elements.
Documents, Section 23(2): File relevant documents OR refer to documents or evidence to be submitted later; Both options are open to the parties.
Counterclaim and set-off, Section 23(2A): Respondent may counterclaim or plead set-off, if within the scope of the arbitration agreement; The tribunal must adjudicate it when it is within scope.
Amendment, Section 23(3): Either party may amend or supplement, unless agreed otherwise or tribunal finds it inappropriate due to delay; Delay in making the amendment is the stated ground for refusal.
Time limit, Section 23(4): Pleadings completed within 6 months from receipt of written notice of appointment by the arbitrator(s); Starts when the arbitrator, or all the arbitrators, received written notice of appointment.
Link to award time, Section 29A(1): Award within 12 months from completion of pleadings under Section 23(4); For domestic arbitration. For international commercial arbitration, the award may be made as expeditiously as possible, with an endeavour to dispose of it within 12 months.
Default, Section 25(a) and (b): Claimant defaults: proceedings terminated. Respondent defaults: proceedings continue, no deemed admission; Applies unless otherwise agreed and where no sufficient cause is shown. The tribunal has discretion to treat the respondent's right to file the defence as forfeited.

How to solve Statement of Claim and Defence (Pleadings) questions

Use this method for any problem or theory question on pleadings. Write it as provision, facts, conclusion.

1Identify which pleading is involved: statement of claim, statement of defence, counterclaim, set-off, or amendment.
2State the rule from Section 23 in plain words, including the exception 'unless otherwise agreed by the parties'.
3Check the facts for the contents: facts, points at issue and relief for the claim; defence on the same particulars.
4For a counterclaim or set-off, test whether it falls within the scope of the arbitration agreement.
5For an amendment, check for any party agreement against it, then ask whether delay makes it inappropriate.
6For time, compute six months from the date the arbitrator or all arbitrators received written notice of appointment.
7If a party failed to file, apply Section 25 and ask whether sufficient cause was shown.
8Conclude clearly and add the practical point, such as the effect on the twelve-month period under Section 29A.

Quickest way: Four-question pleadings check

When to use it: Use it when you have little time on a short-note or case question.

Who is filing: claimant or respondent?
What must the filing contain, and is there an agreement changing it?
Is there a counterclaim, set-off or amendment? Test scope or delay.
What is the date of written notice of appointment, and has six months passed? Then state the Section 25 effect of default.

Common mistakes in Statement of Claim and Defence (Pleadings)

Saying the six months run from the date of the arbitration agreement or the dispute.
Students mix this with limitation periods or the notice invoking arbitration.
Fix: Remember it runs from the date the arbitrator, or all the arbitrators, received written notice of appointment.
Saying a counterclaim is always allowed.
Students remember that the respondent can counterclaim and forget the condition.
Fix: Add that it must fall within the scope of the arbitration agreement.
Saying amendment is a right that cannot be refused.
The words 'either party may amend' are read without the rest of the sub-section.
Fix: State both limits: the parties may agree otherwise, and the tribunal may refuse if the amendment is inappropriate given the delay.
Treating a respondent's failure to file a defence as an admission of the claim.
Students assume silence means admission, as in some court procedures.
Fix: Under Section 25(b) the tribunal continues the proceedings and the failure is not in itself an admission. It may also treat the right to file the defence as forfeited.
Saying the proceedings continue when the claimant fails to file the claim.
Students apply the respondent's default rule to both parties.
Fix: Under Section 25(a), without sufficient cause and unless otherwise agreed, the tribunal shall terminate the proceedings.
Thinking all documents must be attached with the pleading.
Court pleading practice is carried over.
Fix: Section 23(2) lets parties attach documents or just refer to documents or evidence they will submit.

Worked examples

Example 1

Meridian Infra Ltd (claimant) and Kaveri Steels Ltd (respondent) are in arbitration over a supply contract. The sole arbitrator received written notice of appointment on 10 March. Kaveri Steels, in its defence, raises a claim for ₹18,00,000 for defective goods, which arises from the same contract and the arbitration clause covers all disputes under it. Meridian objects that the respondent cannot claim in its own right. Advise on the objection and state the date by which pleadings should be completed.

Show the solution

Provision: Section 23(2A) allows the respondent, in support of its case, to submit a counterclaim or plead a set-off. The tribunal must adjudicate it if it falls within the scope of the arbitration agreement.
Facts: the claim for defective goods arises from the same supply contract, and the clause covers all disputes under it. So it is within scope.
Conclusion on objection: the objection fails. The tribunal must adjudicate the counterclaim.
Time: Section 23(4) requires pleadings to be completed within six months from the date the arbitrator received written notice of appointment, which is 10 March.
Six months from 10 March is 10 September of the same year.

Answer: Meridian's objection is not sustainable. Kaveri Steels may submit the ₹18,00,000 counterclaim under Section 23(2A), and the tribunal must adjudicate it because it is within the scope of the arbitration agreement. Pleadings must be completed within six months of 10 March, that is by 10 September.

Example 2

In an arbitration, the claimant, Arjun Traders, filed its statement of claim on time. Four months later it wants to add a new claim for interest and amend a figure. The respondent objects, saying pleadings cannot be changed after filing. The parties' agreement is silent on amendments. Can the tribunal allow it?

Show the solution

Provision: Section 23(3) says that, unless otherwise agreed by the parties, either party may amend or supplement its claim or defence during the arbitral proceedings.
Exception: the tribunal may refuse if it considers the amendment or supplement inappropriate, having regard to the delay in making it.
Facts: the agreement is silent, so there is no agreed bar on amendment. The respondent's blanket objection has no basis in the Act.
Test: the tribunal must look at the delay. Four months after filing, the proceedings are still on. The tribunal weighs whether the delay makes the change inappropriate.
Practical point: the respondent should be given the chance to answer the amended claim, and the tribunal should keep Section 23(4) and the Section 29A timeline in view.

Answer: The respondent's objection fails as a general rule, because Section 23(3) permits amendment or supplement during the proceedings unless the parties have agreed otherwise. The tribunal may still refuse if, considering the delay in making it, the amendment is inappropriate. It will decide on that ground alone, not on the fact that pleadings were already filed.

Exam tips

Quote the sub-section numbers: 23(1) contents, 23(2) documents, 23(2A) counterclaim, 23(3) amendment, 23(4) six months.
Always attach the condition: 'unless otherwise agreed by the parties' for contents and amendment, 'within the scope of the arbitration agreement' for counterclaim.
Link pleadings to Section 29A: the twelve-month period for the award runs from completion of pleadings under Section 23(4).
In case questions, compute the six-month date from receipt of written notice of appointment, not from the agreement or the dispute.
Contrast the claimant's default and the respondent's default under Section 25 in two lines to pick up easy marks.

Practice questions from Arbitral Proceedings, Pleadings and Evidence

Statement of Claim and Defence (Pleadings): frequently asked questions

What must a statement of claim contain under Section 23?

It must state the facts supporting the claim, the points at issue and the relief or remedy sought. The respondent's defence must answer these particulars. The parties can agree on different required elements.

What is the time limit for completing pleadings in arbitration?

Section 23(4) requires the statement of claim and defence to be completed within six months from the date the arbitrator, or all the arbitrators, received written notice of appointment. The tribunal or the parties fix the individual filing dates under Section 23(1).

Can a statement of claim be amended in arbitration?

Yes. Unless the parties have agreed otherwise, either party may amend or supplement a claim or defence during the proceedings. The tribunal can refuse if it finds the amendment inappropriate because of the delay in making it.

Can the respondent file a counterclaim?

Yes. Section 23(2A) allows a counterclaim or a plea of set-off, and the tribunal must adjudicate it. This holds only if it falls within the scope of the arbitration agreement.