This is from Copilot, not sure how accurate it is:
In the context of ICSID (International Centre for Settlement of Investment Disputes) proceedings, a
counter-memorial on the merits is a significant document filed by the respondent in response to the claimant’s memorial. Here are some key points about it:
Purpose and Content:
The counter-memorial addresses the factual and legal aspects of the dispute.
It contains:
Admission or Denial of Facts: Respondent admits or denies the facts stated in the claimant’s memorial.
Additional Facts: Any relevant facts not covered in the claimant’s memorial.
Observations on Legal Issues: Respondent’s perspective on the legal arguments raised by the claimant.
Statement of Law: Respondent’s legal position in response to the claimant’s arguments.
Submissions: Specific requests or proposals related to the dispute.
Timing:
The respondent typically files the counter-memorial after the claimant’s memorial.
The deadline for filing the counter-memorial is usually specified in the procedural calendar.
Bifurcation:
In some cases, the tribunal may bifurcate the proceedings, addressing preliminary objections (such as jurisdiction or admissibility) separately from the merits.
If bifurcation occurs, the counter-memorial focuses solely on the preliminary objections.
Award and Next Steps:
If the tribunal upholds the preliminary objection, it results in an award.
If the objection is overruled, the proceedings continue to the merits phase.
Remember that the counter-memorial plays a crucial role in shaping the outcome of the arbitration. For specific details, consult the relevant ICSID rules and procedural orders12.
AVZ used 'statement of defence' in its recent announcement, small letters so not a defined term, prolly the same submission: