Draft Statement Of Claim

---
name: draft-statement-of-claim
task_id: arbitration-international-dispute-resolution/draft-statement-of-claim
description: Ensures an ICC arbitration statement of claim correctly distinguishes seat from venue, identifies the joint venture entity as a separate legal person, addresses non-signatory joinder, and explains how to compute lost profits using the claimant's ownership share.
activates_for: [planner, solver, checker]
---

# Skill: ICC Request for Arbitration / Statement of Claim

## 1. Subject-matter triage

- Treat the filing as an ICC Request for Arbitration and claim narrative that must read like a complete commencement package, not a memo about the dispute.
- Identify all claimants, respondents, and any non-party entity whose status affects standing, joinder, or damages.
- Separate three distinct location concepts: the arbitration seat, any hearing venue, and any project or business location referenced in the facts.
- Confirm whether the joint venture vehicle is itself a legal person and whether the claim is brought by, against, or through that vehicle.
- Flag at the outset whether the source documents present one controversy or multiple theories arising from the same breach sequence.

## 2. Failure modes the skill is correcting

- Conflates the seat of arbitration with the hearing venue, instead of explaining that the seat determines the curial law and supervisory court while the venue is only the physical site of hearings.
- Fails to identify the joint venture entity as a distinct legal person with its own name, form, and place of organization.
- Omits analysis of whether an affiliate or other non-signatory participant can be joined or otherwise treated as a proper respondent under the governing arbitration and contract law.
- States lost profits as a single topline number without showing the joint venture-level loss and the claimant’s proportionate share.
- Recites a chronology without tying each alleged act to a contractual duty, a breach theory, causation, and remedy.
- Writes the Request as an advocacy summary and omits the procedural facts ICC needs to administer the case.
- States legal conclusions without naming the rule, treaty, statute, arbitration provision, or leading authority that supports them.
- Collapses multiple parties, periods, or loss scenarios into one generalized analysis when the source set requires separate treatment.

## 3. Legal frameworks / domain conventions that apply

- ICC filing conventions: identify parties, arbitration agreement, governing contract, requested relief, and the relief basis in a form consistent with ICC commencement practice and the applicable ICC Rules.
- Seat versus venue: the seat supplies the lex arbitri and supervisory court; the venue is a practical hearing location and may differ without changing the seat.
- Separate legal personality: a joint venture vehicle formed as a company or partnership is ordinarily treated as distinct from its members and should be pleaded as such if relevant.
- Non-signatory theories: address joinder or respondent identity under the applicable arbitration law, the arbitration clause, consent theories, agency, alter ego, assumption, estoppel, or direct participation only where supported by the source record and governing authority.
- Contract claim elements: identify the contractual duty, the alleged breach, causation, and damages; if the facts also support tortious interference, unjust enrichment, fiduciary breach, or other non-contract theories, plead them separately and only if supported.
- Lost profits in a joint venture dispute: distinguish enterprise-level loss from the claimant’s recoverable share; show the chain from breach to venture-level loss to ownership allocation.
- Document hierarchy: rely on the arbitration clause, transaction documents, formation documents, and contemporaneous correspondence in the order they bear on jurisdiction, liability, and quantum.
- Controlling authority: cite the governing statute, arbitration rule, treaty article, contract clause, or leading case for every jurisdictional, liability, and damages proposition.

## 4. Analytical scaffolds

- Start with party and capacity mapping: full legal names, jurisdictions of formation, principal offices, entity type, and each party’s role in the joint venture structure.
- If the joint venture vehicle appears in the source set, describe it separately before describing the dispute narrative.
- State the arbitration agreement, seat, and venue in separate sentences; explain the legal consequence of the seat without overexplaining the geography.
- Build a chronology in sequence: formation, performance milestones, alleged misconduct, notice or cure steps, termination or breakdown, and post-breach consequences.
- For each claim theory, use the same internal logic:
  1. duty or obligation;
  2. alleged breach or conduct;
  3. causation;
  4. loss;
  5. requested relief.
- For non-signatory analysis, test each candidate respondent against the governing legal basis one by one; do not assume group-wide liability from affiliation alone.
- For damages, compute in layers: venture-level harm, offset or mitigation if applicable, then the claimant’s recoverable share according to the ownership interest or other agreed allocation rule.
- If the source set contains alternative loss periods or alternative assumptions, analyze each separately and label the assumption used.
- Where the record is incomplete, identify what must be inferred, what must be reserved, and what must be stated conditionally.
- Draft the prayer for relief to track the pleaded theories and the damages methodology, not to add new facts.

## 5. Vertical / structural / temporal relationships

- Distinguish upstream formation facts from downstream breach facts; do not mix entity formation, governance, and performance allegations in one paragraph if they serve different legal purposes.
- Distinguish vertical ownership from operational control: a parent, member, sponsor, or affiliate may be relevant for control or joinder, but that does not erase the joint venture entity’s separate existence.
- Track temporal sequence carefully: pre-contract negotiations, execution, performance, notice, alleged repudiation, termination, and post-termination harm may each carry different legal consequences.
- When multiple respondents are involved, identify who acted, who benefited, who controlled, and who was bound at each stage.
- When multiple loss periods appear, separate them by date and legal basis instead of averaging them.

## 6. Output structure conventions

- Use an ICC-standard Request for Arbitration / Statement of Claim structure with conventional headings for:
  - parties and contact details;
  - arbitration agreement, seat, and venue;
  - factual background;
  - jurisdiction and respondent identity;
  - liability claims;
  - damages and quantum;
  - relief requested;
  - reservation of rights or other customary closing items if needed.
- Draft each claim as a numbered count or subclaim with a clean legal label, a short theory statement, and a supporting factual section.
- Include a dedicated section for the joint venture entity if it is material to standing, liability, or damages.
- Include a dedicated section for non-signatory or affiliate participation only if the source documents support that issue.
- Present damages in component form, showing how the venture-level loss is translated into the claimant’s recoverable amount.
- State seat and venue distinctly and do not use them interchangeably.
- Cite the governing authority inline where a legal proposition is advanced.
- Keep the request declarative and procedural, suitable for filing, and avoid commentary about the drafting process.
- If the task asks for the filing itself, produce the operative document content rather than an outline or explanatory note.