counter claim，a claim by the defendant in a civil action that the defendant is entitled to damages or other reli ef from the pl aintiff.Translated as "counterclaim, counterclaim, counterclaim".
In a civil lawsuit, the defendant may make a counterclaim against the plaintiff, such as compensation. According to article 54 of the Civil Procedure Law, the defendant in the lawsuit may file a counterclaim against the plaintiff in the lawsuit. A counterclaim refers to a lawsuit filed by the defendant in an ongoing lawsuit (in which the lawsuit is in progress) with the plaintiff of the lawsuit as the defendant. The plaintiff in this action is referred to as the "counterclaim defendant" in the counterclaim, and the defendant in this action is referred to as the "counterclaim plaintiff".
A counterclaim is not the same as a rebuttal. Civil rebuttal refers to the defendant in a civil lawsuit who rejects, opposes, or refutes the plaintiff's claim by enumerating facts and reasons. This kind of argument by the defendant is called rebuttal.
Difference Between Counterclaim and Rebuttal:
First, the nature of the law is different. Counterclaims fall under the category of claims; Rebuttal falls under the category of the right of defence.
Second, independence is different. A counterclaim is an independent claim, while a rebuttal is not of a litigation nature.
Refer to bilingual example sentences:
on 27 january 2010, at a meeting held by the president of the court with the agents of the parties, the agent of germany indicated that his government did not consider the counter claim submitted by italy to be in accordance with article 80, paragraph 1, of the rules of court and that it intended to raise objections to the italian counterclaim.
In a meeting between the President of the Court and the parties** on 27 January 2010, the German** indicated that Germany** considered that the Italian counterclaim was incompatible with Article 80(1) of the Rules of Court and intended to challenge the Italian counterclaim.
if buyer shall consent to such assignment or subcontracting, all claims for monies due from buyer shall nevertheless be subject to deduction by buyer for any set-off or counter-claim arising out of this or any other of buyer's contracts with seller, whether such set-off or counter-claim arose before or after any such assignment or subcontracting by seller.
If Buyer consents to such assignment or subcontracting, it is up to Buyer to reduce all monetary claims charged to Buyer by virtue of set-off or counterclaim arising out of this or any other reason in the contract between Buyer and Seller (whether such set-off or counterclaim occurred before or after Seller made any such assignment or subcontract).
with respect to its counter claim, and in accordance with article 80 of the rules of the court, italy asks respectfully the court to adjudge and declare that, considering the existence under international law of an obligation of reparation owed to the victims of war crimes and crimes against humanity perpetrated by the iii reich。
With regard to its counterclaim, Italy, in accordance with Article 80 of the Rules of Court, requests the International Court of Justice to adjudicate and declare that the Third Reich owes itself an obligation under international law to compensate the victims of war crimes and crimes against humanity committed by it.
we do not intend to respond to each and every arteris counter claim, convoluted fact, erroneous recount of product features or false claims regarding product timing or development. tipschina.gov.cn
We do not intend to respond to every counterclaim, intricate facts, misrepresentation of product characteristics, or unsubstantiated claims about the timing or development of the product.