A practical guide for the respondent and for the claimant who needs to reply to objections
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You have received a claim in arbitration — do you know the difference between a statement of defence and an explanatory statement, and when each document should be submitted?
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What happens if you do not submit a statement of defence within the prescribed time limit, and can this be corrected?
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How should a statement of defence be structured so that it works in your favour, rather than merely closing a procedural deadline?
The respondent received a claim in arbitration. Read it. Was outraged, believing that the claimant was completely wrong. The respondent wrote a long, emotional three-page letter describing why the claimant’s actions were wrong and sent it to the arbitration court.
The arbitration court replied: your letter has been accepted as an explanatory statement. However, you have not submitted a statement of defence. The deadline has expired. The case will be considered on the basis of the claimant’s materials.
Three types of procedural documents submitted by the respondent
Statement of defence (atsauksme uz prasību): the respondent’s main procedural response. It must be submitted within the time limit set by the arbitration court — usually within 14–21 business days. It sets out the respondent’s official position on each claim, together with legal grounds and evidence.
Explanatory statement (paskaidrojums): an additional document submitted after the statement of defence. It is used to clarify the position, respond to new arguments by the claimant and present additional evidence.
Procedural complaint / objection (pretenzija / iebildums): a specific procedural objection against actions of the arbitration court or against a specific application made by the other party.
Structure of an effective statement of defence
Part one — heading. Name of the arbitration court and case number. Respondent’s details. Title: “Statement of Defence to the Claim of [name of claimant]”.
Part two — position on each claim. For each point of the claim, state whether you admit it or deny it. If you deny it, provide a specific explanation as to why. Not emotions, but facts and legal arguments.
Part three — the respondent’s own factual version of events. How the respondent sees the situation. Chronology. Specific facts.
Part four — legal reasoning. References to legal provisions, the contract and the arbitration court rules that support your position.
Part five — evidence. A list and description of the attached documents. Each document should be numbered as an annex.
Part six — requests. What exactly you ask the arbitration court to do: dismiss the claim in full, reduce the amount claimed, or apply other legal consequences.
What not to write in a statement of defence
Insults and personal attacks against the claimant or the claimant’s representatives. The arbitration court will not assess them — they will only harm your position.
Unsupported statements without evidence. “The claimant is lying” without proof is weak argumentation. “The claimant alleges X; however, according to attached document Y, the circumstances are different” is strong argumentation.
Information that is not relevant to the dispute. Brevity and accuracy are your allies.
What to do if you missed the deadline
Immediately apply to the arbitration court for an extension of the deadline. Explain why the reason is justified. In arbitration, there is no strict mechanism for “restoring a missed deadline” as in state court proceedings — the arbitration court decides at its discretion. The sooner you apply and the more convincing the reason, the better your chances.
If the deadline has been missed and the arbitration court refuses to extend it, you still have the right to participate in the hearing (if the proceedings are oral) and to raise procedural objections regarding the decision.
Statement of defence checklist
☐ The date of receipt of the notice has been recorded and the deadline for submitting the statement of defence has been calculated
☐ For each claim — a clear position: admitted / denied
☐ For every “denied” point — a specific argument and reference to evidence
☐ All attached documents are numbered and listed
☐ The requests section clearly states what you ask the arbitration court to do
☐ The statement of defence is signed by an authorised person
☐ Proof of submission to the arbitration court has been saved
An effective statement of defence is not about length. It is about precision: a specific position on each claim, supported by evidence.
This article is intended for informational purposes only and does not constitute legal advice.