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TNNLU INTRA-ALTERNATIVE DISPUTE

RESOLUTION COMPETITION 2018

INTRODUCTION:
1. The Intra University ADR Competition, 2018 (hereinafter referred to as the IADRC)
is a qualifying competition to select individuals who shall be allowed to represent the
University in all the National ADR competitions mentioned in Annexure 1 until the
next IADRC is conducted.
2. For the International ADR Competitions mentioned in Annexure 2, separate Open
Challenger rounds will be conducted for all the competitions.
3. There shall be 4 competitions held i.e., Arbitration, Mediation, Negotiation and Client
Counselling.
4. A rank list of all the participants shall be prepared for all the 4 competitions, based on
which they will be able to represent the University in National ADR Competitions.

IMPORTANT DATES
EVENTS DATES
Registration (Opens) 12thAugust 2018
Release of Arbitration Problem 14th August 2018
Release of Mediation, Negotiation and 14th August 2018
Client Counselling Problem
Registration (Closes) 17h August 2018 (11:59 pm)
Deadline for Withdrawal 19th August 2018 (11:59 pm)
Orientation on Arbitration and Client 20th August 2018
Counselling
Workshop on Mediation and Negotiation 21st August 2018- 23rd August 2018 (5pm –
8pm)
Last date to apply for Clarifications 20th August 2018 (11:59 pm)
Release of Clarifications 21st August 2018
Soft Copy Submission of Strategy Paper 24th August 2018 (11:59 pm)
(Negotiation Competition only)
Hard Copy Submission of Strategy Paper 26th August 2018 (5 pm)

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for (Negotiation Competition only)
Deadline for submitting Soft copy of To be released soon
Written Submissions (Arbitration
Competition Only)
Deadline for submitting Hard copy of To be released soon
Written Submissions (Arbitration
Competition Only)
Draw of lots and release of fixtures 31st August 2018
Preliminary Rounds 1st September 2018 - 2nd September 2018

1. DEFINITIONS
a. “Claimant” refers to the counsel who argues on behalf of the Claimant in the arbitration
competition.
b. “Clarifications” refer to procedural order(s) and/or any clarification(s) issued by ADRC.
c. “Speaker” refers to a participant who presents oral arguments in any given round of the
arbitration competition.
d. “Oral Round” means a team’s pleadings, comprising two speakers, submitted orally in
front of arbitrators, acting as adjudicators, on behalf of one of the parties against another
team representing the opposing party.
e. “Penalty” refers to the deductions imposed on the participating team/individual in breach
of any general or specific rules, as provided by ADRC.
f. “Plagiarism” refers to the direct or substantial duplication of the work from the memorial
or strategy paper of any other team, offline or online source(s).
g. “Preliminary Rounds” means the oral rounds for the purpose of determining the ranks of
the Individuals based on the average scores in arbitration competition and individual
scores for other three competitions.
h. “Respondent” refers to the counsel who argues on behalf of the Respondent in the
arbitration competition.
i. “Scouting” means a person observing the Sessions/Oral Rounds of a team other than the
team such person is associated with.
j. “Tribunal” means a collective reference to the arbitrators present at the oral round, where
an “arbitrator” is an adjudicator of an oral round.

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k. “Written submissions” means the written arguments submitted by each team participating
in arbitration competition, according to the Rules of the IADRC.

2. REGISTRATION
a) Students shall register themselves separately for all the competitions via the Google
forms provided.
b) The registration shall contain the details of the team composition, i.e., Names,
Registration numbers and Designation (mediator, advocate or client).
3. CLARIFICATIONS
a) Clarifications regarding the Problems shall be sent to tnnluiuadrc2018@gmail.com .
4. CODE OF CONDUCT
a) Any attempt to contact the faculty members, regarding the Problems, shall result in
disqualification following an immediate enquiry by ADRC.
b) All the participants shall maintain decorum during the competition and are expected
to conduct themselves in a manner befitting the legal profession.
5. GENERAL RULES OF THE COMPETITION
a) There will be only one preliminary round for Mediation, Negotiation & Client
Counselling and two preliminary rounds for Arbitration competition.
b) The teams will be only provided with total marks obtained in the preliminary round(s)
and written submissions in case of arbitration competition and only preliminary round
in case of other three competitions. A special request to ADRC must be furnished to
obtain score sheets. In any case, the decision of the adjudicators will be final with
respect to the marks obtained.
c) Use of mobile phones, tablets, laptops or any other electronic device inside the
designated rooms is strictly prohibited. Any team(s) or individual(s) caught using the
above-mentioned gadgets will face disqualification by the IADRC after an immediate
enquiry.
d) Scouting is strictly prohibited. Violation of this rule shall result in disqualification
after an immediate enquiry.
e) No team member(s) or individual(s) participating in the competition shall attend any
of the sessions of other teams or individuals during the competition, or receive
information from any person who has attended any previous rounds in IADRC 2018.
f) In cases of plagiarism or any such activities, ADRC reserves the right to disqualify
the team(s) after an immediate enquiry.
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g) The Dress Code for all the participants shall be formals. Gentlemen are expected to
wear Western Formals only (Blazer, Shirt, Trouser, Tie and Formal shoes). Ladies are
expected to wear either Western Formals (Blazer, Formal Top / Shirt, Trouser / Office
Skirt and Sandals / Formal Women Footwear) or Indian Formals (White kurta, Black
salwar/chudidar).
h) Non-participants i.e., students who did not register for IADRC 2018, shall not be
permitted to represent the University in any national level ADR Competitions for the
academic year 2018-2019.
i) Student(s) who register for IADRC 2018, but fail to submit their Strategy Paper for
Negotiation and Written Submissions for Arbitration Competition on time, or fail to
appear for the Oral Rounds shall face a definite ban for a year from participating in
any ADR Competition hosted by IADRC.
j) No participant shall reveal their identity (name, year of study etc.) to the panel of
arbitrators or judges in Mediation, Negotiation and Client Counselling Competitions.
Student(s) found indulging in such uncompetitive practices shall be disqualified after
an immediate enquiry.
k) The ADRC reserves the right to take appropriate action for any unethical,
unprofessional and immoral conduct. The ADRC shall serve as the final arbiter for
the implementation and interpretation of these Rules and of any Supplementary Rules.
If there is any situation which is not contemplated in the rules, the ADRC’s decision
on the same shall be final and binding. ADRC reserve the right to amend or
supplement any rule.
6. MEDIATION COMPETITION
a) Students shall register in teams of 3, consisting of a Mediator and an Advocate- Client
team. Only registrations completed by filling this Google form shall be accepted.
https://docs.google.com/forms/d/e/1FAIpQLSeHlFudomgRsdjT4jbg944pr2eS30hkff
NnDMfNPB9aEy93_w/viewform?usp=pp_url
b) Procedure:
i. A Mediation Session shall consist of two Mediators from two different teams
and two parties to the dispute represented by an Advocate-Client Team on each
side.
ii. Confidential Information will be provided to the Advocate-Client Teams, if
required, 10 minutes before the session. Any team found disclosing the
Confidential Information to any other person, shall be immediately disqualified.
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c) Structure of the Competition:
i. Opening Statement of Mediators [2 mins each]
ii. Opening Statement of Advocate-Client Team [3 mins each]
iii. Caucuses and Conferences [20 mins]. It is the Mediators' discretion as to when
to call for Caucuses or Conferences. However, there has to be at least one
caucus and conference in the mediation session.
iv. Closing Statement of Advocate- Client Teams [2 mins]
v. Closing Statement of Co-Mediators [2 mins]
vi. Post- Mediation Session [3 mins each]. During this Session, the judges may
ask questions to the teams.
d) Caucuses and Conferences:
i. The Caucuses will occur between the Mediators and one Advocate - Client Team
at a time, and the other party shall leave the room. Here, the party can confide in
the Mediator and clarify their interests, position and solidify their strategies and
goals. Any team found communicating outside the room shall be immediately
disqualified.
ii. In a Session of Conference, both the parties shall remain in the same room and
negotiate.
e) Evaluation Criteria for the Mediator:
i. Opening and Closing Statement
ii. Caucus conducted
iii. Style of reaching a settlement, if possible in the dispute
iv. Code of Conduct and Control of the session
v. Post-session, Self-evaluation of the dispute
f) Evaluation Criteria for the Client- Counsel:
i. Opening and Closing Statement
ii. Negotiating style and code of conduct during the Caucus
iii. Negotiating style and code of conduct during the Conference
iv. Teamwork
v. Post-session, Self-evaluation of the dispute

7. NEGOTIATION COMPETITION
a) Students shall register in teams of 2, consisting of a Client and an Advocate. Only
registrations completed by filling this Google form shall be accepted.
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https://docs.google.com/forms/d/e/1FAIpQLSc0tcsIQEg42bE9s11V7Tu_A0R_kqA_
XSaqcJ09bgiK1_zRGg/viewform?usp=pp_url
b) Procedure:
i. A Negotiation Session shall consist of two parties to the dispute represented
by an Advocate-Client Team on each side.
c) Structure of the Competition:
i. Opening Statement [2 mins each]
ii. Negotiation Session [20 mins]
iii. Discussion and Questioning Session [3 mins each]. During this Session, the
judges may ask questions to the teams.
d) Evaluation Criteria:
i. Opening statement
ii. Negotiation strategy
iii. Code of Conduct
iv. Teamwork
v. Strategy paper
e) Strategy Paper:
i. Each team shall submit a Strategy Paper for both the sides, (not exceeding 6
pages for each side).
ii. Cover Page
a. The Allocated team code (intimated via e-mail) only on the right-hand
upper corner of the cover page. No other page should contain the team
code.
b. Name of parties and their status
c. Goals and Objectives of the Negotiation
d. Strengths and Weaknesses of both the parties
e. Interests of the Party
f. Conflicting Interests of the Other Party
g. Viable and Conciliatory Options
h. Best Alternative to the Negotiated Agreement (BATNA)
i. Worst Alternative to the Negotiated Agreement (WATNA)
iii. Formatting Specifications
a. Font Type: Times New Roman
b. Font Size: 12
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c. Line Spacing: 1.5
d. Margins: 1 inch on each side.
e. There shall be no Footnotes in the Strategy Paper
iv. Deadline for Submission
a. The soft copy of the Strategy Paper must be submitted in PDF format (named as:
“*team code*- *name of the party*) via the google forms provided for it.
b. Two hard copies shall be submitted to the ADRC on the above-mentioned date.
c. Failure to submit the Strategy Papers on time shall result in the reduction of 1 mark
per hour for each side of the Strategy Paper. Submissions after 24 hours from the
deadline shall not be accepted.
v. The Strategy Papers shall be evaluated in the following manner:

S. NO CRITERIA MAX. MARKS


MARKS SCORED

1 Problem Analysis: Identifying the strengths and weaknesses of 10


both the parties

2 Goals and Interests: Identification of Interests of the party as well 10


as the Conflicting Interests of the other party, Setting forth the
goals and objectives of the negotiation

3 Strategy and Approach: Creativity and Practicability in the offers, 10


Creating value for both parties, Satisfaction of goals and interests

4 BATNA & WATNA 10

5 Application of legal principles in the strategies 10

6 TOTAL SCORE 50

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8. CLIENT COUNSELLING COMPETITION
a) Students shall register in teams of 2, consisting of two advocates. Only registrations
completed by filling this Google form shall be accepted.
https://docs.google.com/forms/d/e/1FAIpQLSdp8FHJuPjSySG5g39BZCnQ2X4d8m
YHg8Q1UO376npnn0rCCQ/viewform?usp=pp_url
b) Structure of the Competition:
i. This competition is a simulation of a law office, and each session comprises
of:
ii. Consultation with the Client [15 mins]. Here, the teams shall extract the
relevant information from the Client and present the Client with legal means
and a range of alternatives to resolve the problem and a final remedy which
they think is adequate. The Client shall be arranged by the ADRC.
iii. Post- Interview Session [5 mins]. Here, the teams, in the absence of the Client,
shall analyse the interview and discuss the course of action with the
application of relevant laws.
iv. Question & Answer Session [5 mins]. Here, the judges will question the teams
on their knowledge of law, and the remedies suggested.
c) Evaluation Criteria for 50 marks:
i. Establishing a working atmosphere
ii. Problem Description and Identifying the Client’s Goals and Expectations
iii. Suggestion of Remedies and Informed choice
iv. Effective Conclusion with rights and obligations defined
v. Teamwork
vi. Post-Interview Session
d) The participants are permitted to bring books, stationery and office furnishings for
their use during the session.
9. ARBITRATION COMPETITION
a) A team can have a minimum of two members as speakers and a maximum of three
members inclusive of a researcher. Only registrations completed by filling this Google form
shall be accepted.
https://docs.google.com/forms/d/e/1FAIpQLSfyq0nRD6McT6O_kXq2jp_Kr8TBjC1pGsi8C
oBYUEZBz2C31g/viewform?usp=pp_url
b) Structure of the Oral Rounds:

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i. Each team will be given a total of 15 minutes to make their oral submissions
including rebuttals and sur-rebuttals, depending upon the discretion of the
arbitrator(s).
ii. A rank list will be prepared for the individuals by taking an average of both the
preliminary rounds.
iii. In case of a tie, the team with higher marks in written submissions will be given
preference.
c) Only those students who have participated as a speaker in the preliminary rounds
shall be allowed to be speakers in the national competitions.
d) In case of teams with three members, it is mandatory for the researcher to appear for
Researchers’ test and he/she cannot be a speaker in the national competitions.
e) The Researchers’ Test shall test the knowledge of the laws involved as well as the
factual details of the Problem and the application of the relevant laws to the circumstances in
the Problem.
f) The duration of the Researchers’ Test shall be 1 hour and it will have both
subjective and objective questions.
g) The participants are permitted to bring books, stationery and office furnishings during
the oral rounds.
h) Structure of Written Submissions:
i. Each participating team must prepare written submissions on behalf of the
Claimant and Respondent of maximum 20 pages.
ii. All the teams are requested to send a soft copy of both the written submissions in
both Microsoft Word and PDF format via Google form to be provided.
iii. Teams are required to submit three sets of written submissions from both
Claimant and Respondent side. The must be printed double-sided on A4 size
sheets, with an equal margin of at least one inch on all sides. It is mandatory to
mention “Claimant” or “Respondent” on the cover page along with team codes
mentioned at the top right corner of the page.
iv. The hard copies can be soft or spiral bound. Any changes witnessed in the hard
copy vis-à-vis the soft copy will entail disqualification. The decision of ADRC
will be final in this regard.
i) Format of Written Submissions:
Each Written submission must contain all of, and only, the following components in the
following order:
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▪ Cover page;
▪ Table of Contents;
▪ Table of Abbreviations;
▪ Index of Authorities;
▪ Statement of Jurisdiction;
▪ Statement of Facts
▪ Issues Raised;
▪ Summary of Arguments;
▪ Arguments Advanced/Pleadings;
▪ Prayer.
j) Text font for the Arguments Advanced and Prayer, including that of all headings and
sub-headings, must be Times New Roman, size 12 with 1.5 line spacing and the text must
be justified. The footnote style to be followed must be 19th Edition Blue Book Citation
and text font of the footnotes must be Times New Roman, size 10 with 1.0 line spacing
and the text must be justified. There must be no additional space between two footnotes.
Character spacing should not be condensed in any manner. Penalty of 0.5 marks will be
imposed for each error if the team fails to comply with any of these guidelines.
k) Penalties for late submission:
Soft copy submissions are via Google forms and no late submissions will be accepted. If
the team submits the hard copy directly then 0.5 marks per day will be deducted from the
date of submission till the day it is submitted. If written submission in both soft and hard
copy is not submitted then the team shall not be allowed to participate and will be banned
for a year from ADRC competitions.
l) Other penalties:
If the team fails to adhere to the dress code or be present within the 10 minutes of the
commencement of the session then they will not be allowed to participate in any
competition.

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ANNEXURE 1
NATIONAL COMPETITIONS
A. Arbitration Competitions
1. NUALS International Maritime Law Arbitration Competition, Kochi.
2. NLS-Trilegal International Arbitration Moot, Bangalore.
3. NLUO International Maritime Arbitration Moot, Cuttack.

B. Mediation Competitions:
1. National ADR Competition by School of Law, Christ University, Bangalore.
2. RMLNLU National Mediation Competition, Lucknow.
3. Lex Infinitum, Goa.
4. ILSCA- PACT Mediation Competition, Pune.
5. Adv. Ram Jethmalani Symbiosis ADR Tournament, Pune.
6. VIPS Dispute Resolution and Client Counselling Competition, New Delhi.
7. UPES National Mediation Competition, Dehradun.

C. Negotiation Competitions:

1. National ADR Competition by School of Law, Christ University, Bangalore.


2. Herbert Smith Freehills -NLU Delhi, International Negotiation Competition.
3. NLSIU-Manupatra International Negotiation Competition, Bangalore.

D. Client Counselling Competitions:

1. NLS Client Counselling Competition, Bangalore.


2. UILS National Client Counselling Competition, Punjab.
3. Osmania University College of Law Centenary Fest, Hyderabad.
4. NUALS Annual Literary and Cultural Fest ‘NAALAM’, Kochi.
5. ICFAI Law School, Hyderabad.
6. UPES National Client Counselling Competition, Dehradun.
7. IMS Unison National Client Counselling Competition, Dehradun.
8. VIPS Dispute Resolution and Client Counselling Competition, New Delhi.

9. NLIU- Link Legal National Client Counselling Competition, Bhopal.

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ANNEXURE 2
INTERNATIONAL COMPETITIONS
A. Arbitration Competitions
1. International Maritime Law Arbitration Moot, School of Law, Murdoch University,
London.
2. Willem C. Vis International Commercial Arbitration Moot Court Competition. (Both
East and West)
3. Moot Madrid, Spain.
4. Frankfurt Investment Arbitration Moot Court Competition, Frankfurt.
B. Mediation Competitions
1. ICC International Commercial Mediation Competition, Paris (Qualifier: NLS
Negotiation Mediation and Client Counselling Competition).
2. ICC Australia Asia-Pacific Commercial Mediation Competition, Melbourne.
3. International ADR Mooting Competition, Hong Kong
4. Young International Mediation competition (Both East and West)
5. INADR International Mediation Competition, Chicago (Qualifier: NLIU ADR
Competition)
6. IBA-VIAC CDRC Mediation and Negotiation Competition, Vienna.
7. CPR International Mediation Competition, Sao Paulo.

C. Negotiation Competition
1. ICC International Commercial Mediation Competition, Paris (Qualifier: NLS
Negotiation Mediation and Client Counselling Competition).

D. Client Counselling Competition

1. Louis M. Brown and Forrest S. Mosten International Client Consultation Competition,


Netherlands (Qualifier: ICFAI Hyderabad National Round Selection).

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