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in civil procedure, an independent actionable claim of the defendant against the plaintiff, filed with the court or the arbitration tribunal in a pending suit to be considered simultaneously with the original action. A counterclaim is a means of defense of the defendant against the action directed against him. In Soviet law it is admitted to the proceedings if it is aimed at offsetting the original action, if satisfaction of the counterclaim would fully or partially exclude satisfaction of the original action, or if there is an interrelationship between the counterclaim and the original action, and their simultaneous consideration would result in a more prompt and just hearing of the disputes. A counterclaim, regardless of the jurisdiction to which it is subject and in accordance with the general rules of bringing an action, is instituted in the court considering the original claim.

According to the legislation of the RSFSR and several other union republics, the defendant has the right to bring a counterclaim against the plaintiff before the court renders a decision on the original action. According to the legislation of the Ukrainian SSR, the defendant may bring a counterclaim no later than three days before the court session set for consideration of the original action. Acceptance of a counter-claim filed after the expiration of this term depends on the discretion of the judge. If a counterclaim was brought during consideration of the case on its merits, its acceptance depends on the court’s discretion.

In arbitration proceedings the defendant may bring a counterclaim before the beginning of consideration of the case on its merits. In arbitration procedure a counterclaim may be consolidated with the original action if the defendant observed the prescribed order of settling his claims against the plaintiff before turning to the arbitration tribunal and if there is a direct relationship between the counterclaim and the original action. Consolidation of the counterclaim with the original action contributes to a more complete and just consideration of the mutual rights and obligations of plaintiff and defendant in the examination and deciding of civil disputes.


References in periodicals archive ?
Mr Justice Jack found that at no time did Brachers warn the Brownings that their counter-claim was likely to fail or even that it was weak and awarded the couple pounds 76,873 against the solicitors.
One of the proposals they received suggests that instead of being involved in court battles, the two companies settle the claims by offsetting," said Traikov, but added that the Bulgarian company is ready to lodge a counter-claim should Russia perseveres.
RA RA RA R N form Ma Mr ta t ki out Ba afte cl c ub Wh W y Bu in i ar th t e me o t odg lo l tem et But yesterday, at a preliminary hearing in the case at the Court of Session, it emerged that the club plan to take the fight to him by lodging a counter-claim.
Besides, a counter-claim will come from Upton Park should the new panel favour the Blades.
And he says the fee has been paid under protest with the club's lawyers pursuing a counter-claim against the police to recover the money.
BILL Davies' Walton Group is to launch a counter-claim in excess of the pounds 6.
The company filed a counter-claim for damages including litigation costs which is scheduled for trial in April.
The statement was made Tuesday by the Head of Bulgaria's National Electric Company, NEK, Mihail Andonov, saying if this does not happen NEK will lodge a counter-claim for EUR 61 M over delayed payments under the contract for the purchase of the second-hand equipment for the construction site of the Belene Nuclear Power Plant, NPP, worth about EUR 300 M.
However, that instruction was set aside after the club launched a counter-claim for compensation.
Fulham lost their claim for damages in November and Tigana won a counter-claim he was contractually entitled to payments and share options.
In response, Hexcel Corporation has denied liability and has filed a counter-claim also seeking indemnification.
Meanwhile a split between the Chief Elder and other trustees has led to claim and counter-claim of unauthorised payments to officials or their relatives.