Drafting statements of case and memorials in international arbitration
Produced in partnership with Latham & Watkins LLP
Drafting statements of case and memorials in international arbitration

The following Arbitration guidance note Produced in partnership with Latham & Watkins LLP provides comprehensive and up to date legal information covering:

  • Drafting statements of case and memorials in international arbitration
  • Statements of case and memorials—definitions and differences
  • The relevance of the law of the seat of arbitration
  • The relevance of institutional arbitration rules
  • Bare statements of case versus memorials—strategic considerations
  • Drafting statements of case and memorials
  • What are the contents of a statement of case or memorial?
  • Statement of facts and legal arguments
  • Sample memorial structure

Statements of case and memorials—definitions and differences

In English litigation, the ‘statements of case’ are the formal written documents which set out the parties’ positions on the key facts and the law. They generally contain relatively concise statements of the claims made or defences raised, the key facts relied on and the relief sought, and do not seek to make extensive legal arguments. The statements of case are usually filed on their own, without accompanying witness statements, expert reports or substantial documentary evidence. The responsive statements of case generally follow the structure of the earlier ones so that, for example, a defence will usually cross refer and respond to each sentence or paragraph of the particulars of claim in turn. Indeed, it may be difficult to make sense of a defence without reading it alongside the particulars of claim to which it responds.

In arbitration, statements of case generally do not have to take a prescribed form. It is for the party to decide how to present its case in the most persuasive manner to the tribunal. The statements of case could follow the same pattern as for court litigation but, in many international arbitrations, the approach in practice is quite different. Statements of case in arbitration typically contain a much more detailed explanation of the relevant facts and set