Statement of Defense and Submission of the Statement of Defense to the Arbitration Center
Article 35 of the Law on Commercial Arbitration 2010 provides for the Statement of Defense and its submission as follows:
1. Contents of the Statement of Defense
A Statement of Defense shall include the following:
a) The date on which the Statement of Defense is made;
b) The name and address of the respondent;
c) The grounds and evidence in support of the defense, if any;
d) The name and address of the arbitrator chosen by the respondent, or a request for the appointment of an arbitrator.
2. Submission of the Statement of Defense in Institutional Arbitration
For disputes settled by an Arbitration Center, unless otherwise agreed by the parties or otherwise provided by the Center’s rules of procedure, within 30 days from the date of receipt of the statement of claim and accompanying documents, the respondent must submit the Statement of Defense to the Arbitration Center.
Upon the request of one or more parties, this time limit may be extended by the Arbitration Center based on the specific circumstances of the case.
3. Submission of the Statement of Defense in Ad Hoc Arbitration
For disputes resolved by ad hoc arbitration, unless otherwise agreed by the parties, within 30 days from the date of receipt of the statement of claim and accompanying documents from the claimant, the respondent must send the Statement of Defense, along with the name and address of the arbitrator chosen by the respondent, to both the claimant and the arbitrator.
4. Objection to Arbitral Jurisdiction
If the respondent believes that the dispute is not within the jurisdiction of arbitration, that no arbitration agreement exists, or that the arbitration agreement is invalid or incapable of being performed, such objections must be clearly stated in the Statement of Defense.
5. Failure to Submit the Statement of Defense
If the respondent fails to submit the Statement of Defense in accordance with Clauses 2 and 3 of this Article, the arbitral proceedings shall still continue.
(Legal basis: Article 35, Law on Commercial Arbitration 2010)
