APPENDIX 11

SAMPLE RESPONSIVE AND AMALGAMATED

DEFENCE WITH CLAIM

IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL CHAMBER OF COMMERCE

CASE No.

A

Claimant

– and –

B

Respondent

STATEMENT OF DEFENCE

(INCORPORATING STATEMENT OF CLAIM)

C1. By a policy of marine insurance, reference number XY1001, dated 1 June 2007 (“the Policy”) the Defendant agreed to insure 6,000 metric tonnes cotton cloth (“the Goods”) against the perils enumerated in the policy, including perils of the sea, for a voyage from Bombay to Hamburg on board the motor vessel “Starcruiser” (“the Vessel”) to take place in July 2007.

D1. C1 is admitted.

C2. The Claimant is and was at all material times the owner of the Goods and fully interested in the Policy, a copy of which is attached as Annex A to these Particulars of Claim, to which reference will be made for its full terms, meaning and effect.

D2. C2 is admitted.

C3. The Policy incorporated the Institute Cargo Clauses (A) (a copy of which is attached as Annex B). Clause 1 provides: “This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 4, 5, 6 and 7 below …”