th

10 NATIONAL MOOT
COURT COMPETITION

Academic Partner:
th th
09 -11 October, 2023
Media Partners:

Organised by:
Moot Court Society
School of Law,
IMS Unison University,
Dehradun
OUR PARTNERS
Broadcast Partners:

Beverage Partner:
MESSAGES FROM THE LEGAL LUMINARIES
 Moot Court Society at a glance
For last year's words to belong to last year's language,

The next year's words await another voice.

Greetings to all the mooters!

A decade ago, the School of Law of the I.M.S. Unison University collectively took up the words of
hard-learned skills of trial advocacy, drafting and pleading of legal documents, and the paramount
job of research management to vocalise the idea of a Moot Court Society, into a real-life baton since
we were well rehearsed with the fact that the greatness of this responsibility is not in what we leave
behind but in what we send forward.

To orchestrate the finesse of trial advocacy, to initiate teamwork, and to bring out the best in our
budding lawyers, we declared this baton ours. We were committed to a show of cooperative and
collective resilience as both specialised Faculty Conveners and the student core committee.We took
huge pride in adhering to the guidelines mentioned under the 2008 Rules of Legal Education by the
esteemed Bar Council of India, which made it a duty for every premier Law institute to conduct
Moot Court Competitions.

This Edition of the National Moot Court Competition is a plinth to reflect on society's past and
remember those who have helped to shape who we are, and to acknowledge the members and
individuals, both past and present, who have influenced the character and values that embody the
vibrant, engaging, and nurturing environment we see today.We recognise those helping hands that
never lost faith in us when we have now accomplished a milestone by organising the 10th edition of
this flagship event, and we also welcome you to share in this joy with us. As the organising
Committee, we believe that whether in the courtroom or classroom, it's always nice to find room for
decorum, and we expect the same from you since this euphoria is about celebrating the sanctity of
sagacity and the suitability of representing a distant voice in a court of law.
The best of the best is what we strive to be. A legacy is what we are trying to leave. This three- day
event will not only enhance your knowledge receptors but will also let us set up a great store of
memories of outlasting wisdom. Attention, all participants, as we bring you something to look back
on. Something to send forward as a baton of legacy for years to come.

Regards,
Moot Court Society 2023,
School of Law,
IMS Unison University, Dehradun
From the
CHANCELLOR’S DESK
Dear Participants,
IMS Unison University is spirited to bring out the best from all its students with a goal to provide an
exceptional environment for teaching, learning, and research and make students competent to
handle different challenges posed in life by enhancing their inner strength and aptitudes.With such an
objective to provide devoted educational facilities to the students while transforming them into
policymakers, the Faculty of Law has uninterruptedly worked remarkably. It has constantly inspired
its apprentices to participate and achieve innumerable rewards.

The art of mooting is one of the most important facets of a Law School. It is an activity which can
perhaps best be described as the closest one comes to being a lawyer while still in law school - it
entails identifying legal issues in situations, exhaustive research in that area of law, followed by
extensive written submissions and gruelling orals before a bench of eminent judges.

We at IMS Unison University understand the importance of such activity which also promotes a
collaborative fervour among the aspiring minds. The practice of participating in such moot court
competitions are the need of the hour and thus need to be initiated at the very outset when the
students are in their very first year.

On a promising note, and with the ongoing progressive turns and feats achieved by the School of Law,
IMS Unison University, we cordially invite you all to be a part of this enthusiastic legal paradigm –The
10th Edition of National Moot Court Competition, 2023. A venture by the Moot Court Society
comprising of our well-groomed Law Students, under the able and efficient guidance of their Faculty
members will be a landmark in setting new standards not only for students but also for an enhanced
and innovative pedagogy of Mooting.
The role of law in society is continually investigated through intense intellectual exchange.We intend
to take up this challenge and impart rational thinking to build social engineers who can do justice to
humankind and society, drawing upon the profound roots of international law. The University is
dedicated to scholarly excellence and to equipping our students with the knowledge required for
acquiring fulfillment in law, including a deep understanding of arbitration—an indispensable
mechanism derived from international law that plays a pivotal role in resolving cross-border
disputes. Our team is fully committed towards maintaining and expanding our horizon of world-
class education.

In our pursuit of legal excellence, let us remember that upholding justice is not just a task for the
courts, but a collective responsibility of society as a whole.

Warm Regards,
Prof. (Dr.) Gurdip Singh,
Chancellor IMS Unison University, Dehradun
From the
DEAN’S DESK

Greetings from School of Law, IMS Unison University, Dehradun!

“The life of law has not been of logic; it has been experience.”
With the profound words of Oliver Wendell Holmes Jr. echoing in our minds along with great
contentment and high spirits in our hearts, we are delighted to bring out the 10th Edition of
National Moot Court Competition, 2023, which involves a plethora of efforts, boundless
inspirations, and unwavering dedication of the Moot Court Society. The Tenth Edition, a
triumphant stride in our journey, after the success of the prior editions, has expanded beyond its
original base and has continued to accelerate. It stands as a fervent endeavour by The School of
Law to establish a platform on the national level for the new-age legal minds.

We at IMS Unison University, acknowledge the significance of creating a space for students to
not only thrive in academia but also flourish socially and intellectually. Our emphasis on learning,
creativity, and innovation is based on the belief that our s tudents can and will achieve prodigious
success. Our multidisciplinary learning approach has yielded exceptional results as evidenced by
our accomplished alumni who are setting new milestones in their professional domains.

This 10th edition of National Moot Court is an outshining testament of our continuous and
enduring efforts towards establishing a mark of excellence. Our eminent faculty members, our
student-oriented approach based on global perspective and an open & healthy competitive
environment are the three pillars that have been instrumental in shaping our success. This
Competition has consistently aimed at providing a gratifying experience to the aspiring law
professionals. It offers new legal minds the opportunity to immerse themselves in the practical
intricacies of legal practice. By engaging in simulated legal proceedings, students are able to refine
their advocacy skills, hone their argumentation prowess, and develop a profound understanding
of the judicial process. It strives to recognise and appreciate the art of advocacy among the next
generation of lawyers while providing with a platform to enhance the immense talents they
inherently possess.

We assure you of the enriching experiences that will surely leave impressions of professional
learning. We pledge to make this 10th Edition into an experience that stands as a benchmark in
your legal expedition.

Warm Regards,
Prof. (Dr) Ashish Verma,
Dean School of Law,
Chairman Moot Court Society,
IMS Unison University, Dehradun
From the
FACULTY CONVENER
Esteemed future counsels,

‘Mooting develops in the mind what the anvil does to steel – sharpens its edge through
repeated strikes’.

It is with great delight that I welcome you all to the 10th edition of our National Moot Court Competition
2023. Reaching this decade milestone is a feat worthy of celebration. It testifies to IMS Unison
University’s unrelenting pursuit of mooting distinction. The strong foundations laid by the diligence of
our alumni and the fervour of our students built the edifice on which we now stand.

Law is not an abstract philosophical discourse, but a living, breathing practice. Mooting helps develop the
competence to wield the law through cogent reasoning, ethical conduct and honed forensic skills. You
will hone the ability to separate right from wrong, just from unjust. As Martin Luther King Jr. said,
"Injustice anywhere is a threat to justice everywhere", the values imbibed will hold you in good stead as future
defenders of justice.

The focus on arbitration is apt, as it ascends as an expeditious dispute resolution mechanism in India's
evolving legal landscape. Mastery of incisive advocacy skills in Arbitration Law will prove worthwhile as
legal professionals, in a milieu where celerity is paramount. With statutory frameworks like the
Arbitration and Conciliation Act, and preeminent institutions like SIAC and ICC accruing prominence,
expertise in this burgeoning area will be an invaluable asset for our future counsels across leading sectors.

I hope you revel in healthy competition and forge enduring bonds. Uphold the highest ethical standards -
for morality underpins your vocation. May your arguments be as potent as the ink that carves the annals
of history. May your diligence be a reflection of the arduous journey that justice undertakes. And may
your pursuit of legal excellence shine bright, igniting the path for generations to come.

As you immerse yourself in this competition, over the next two days, remember - it's not about winning or
losing, but about kindling your passion for justice, for advocacy, for the law, through practice. Stay open
to learning, from teammates and opponents alike.

I wish you the very best and look forward to our interactions over the next few days. Welcome to the
10th edition of our mooting voyage!

In sincere anticipation,

Dr. Shalini Saxena,

Faculty Convener,
Moot Court Society,
School of Law,
IMS Unison University, Dehradun
From the
FACULTY CO- CONVENER
“Democracy and freedom are the best revolution. They can give every individual more power to control
their lives. And we can work together to create a just, sustainable world."

I feel privileged for this opportunity to express my views on the forthcoming decennial National Moot
Court Competition, 2023. Nestled in the verdure of Uttarakhand, IMS Unison University, Dehradun is
the prime academic institute for scholars aspiring to achieve success and accomplish an all-around
development.

The Moot Court Society, School of La w is set to host its 10th edition of the National Moot Court
Competition on 09th, 10th, and 11th October 2023. This edition of the fore-running event marks a decade
of the legacy and inspiration left behind by the preceding members and mentors. This competition stands
as an embodiment of the essence of the legal vocation, placing a strong emphasis on the art of articulating
arguments, accuracy in quick thinking, and the presentation of compelling case narratives. Its underlying
purpose is to mould an individual's legal knowledge and solidify their identity as a practitioner of law.
The very fabric of the courtroom embodies a stark duality, where victory and defeat coexist, and those
who exhibit valour and seize opportunities are bound to attain success.

"Give me the Liberty to know, to utter and to argue freely according to conscience above all liberti es."

The Freedom of Speech and Expression, as enshrined under Article 19(1) (a) empowers every individual
to express their views and opinions freely, emboldening this provision, and keeping the view of
strengthening the democratic modus operandi of our country, the Moot Court Society intends to procure
conclusions which are instrumental for all.

In my capacity as the faculty co-convener of the 10th National Moot Court Competition in the year 2023,
I extend a cordial invite to all law schools and academic institutions throughout the nation beseeching
their participation in this esteemed affair.

Transpire and take away the experience and skills this event offers.

Warm Regards,
Dr. Aman Gautam,
Faculty Co-Convener,
Moot Court Society,
School of Law,
IMS Unison University, Dehradun
From the
Advisor
I extend my heartiest congratulations to the Moot Court Society, School of Law, IMS Unison University
Dehradun for organising their 10th National Moot Court Competition. This event has always been the
flagship event of School of Law and I have been fortunate enough to be a part of nine of these editions.
I am the witness to the growth of the event that has spanned over a decade. The organisers have strived
and endeavoured to raise contemporary issues of the society and the legal issues associates with it. The
Moot Court Competition organised by school of Law not only inculcates legal acumen in the participants
but also develops administrative and management skills in the students organising it.
I started as a volunteer in this competition and today I am honoured to write this note, words shall always
fall short, however, what remains constant is the legacy of this event. Once again, I tender my best wishes
to the success of the National Moot Court Competition, 2023.
I am confident that the guidance of the faculty members and the zeal of the students will take this edition
to new heights and shall set a benchmark for the events to come.

Wishing you all the very best for a successful event.

Adv. Aditya Barthwal,

Advisor,
Moot Court Society,
IMS Unison University, Dehradun
From the

Student Conveners

As the Moot Court Society, School of Law, IMS Unison University marks the onset of its 10th Edition
of National Moot Court Competition 2023, we stand with great pride and pleasure to be steering
such an intellectually stimulating competition as its Student Conveners.

While the idea of what justice means to people is continually evolving, it can edify us to see what
changes have already occurred. If we would walk back in time, to when justice was not
institutionalised, more so administered by selfish & exploitative hands, we would witness an
arbitrary system where all were not considered equal and justice therefore never truly prevailed.The
reality of ADM Jabalpur vs Shivkant Shukla has haunted our rights & liberties while cases like Maneka
Gandhi v. UOI, Minerva Mills Ltd. V. UOI, Keshavanada Bharti Vs State of Kerala has sought a
formidable transition of constitutional jurisprudence that till date guides our path.

Today as we stand on this free & democratic land of Bharat, we are shielded by a just & fair Judicial
System. Our judiciary, standing as the pillar of justice, has continuously adapted to the changing
times. One such evolution has been its proactive role in taking Suo Moto Cases, exemplified by its
intervention in instances like the Manipur Sexual Violence Case. This speaks volumes about the
judiciary's commitment to upholding constitutional values and protecting citizens' rights. Alongside
this, the recent Supreme Court's issuance of a handbook against unjust vocabulary underscores its
dedication to curbing stereotypes and promoting inclusivity in legal proceedings.The independence
of the judiciary remains paramount in ensuring a just and equitable society. The tenets of justice are
upheld when the judiciary operates without fear or favour, delivering judgments that stand as
beacons of righteousness.

From the ancient Darbar system where justice was dispensed in royal courts, we have traversed
through history to witness the advent of modern E-Courts, a true testament to the fusion of tradition
and technology.The advent of E-Courts doesn't just signify an upgrade in infrastructure; it signifies a
transformation in the way justice is delivered. It exemplifies the commitment to efficiency,
accessibility, and transparency. This fusion of tradition and technology is not a mere transition; it's a
celebration of human progress, where the echoes of the Darbar era resonate through the corridors of
our digital courtrooms. The journey towards efficiency has seen our courts embark on the path of
digitization, with a vision of becoming paperless.

In the ever-evolving tapestry of our judicial landscape, the Supreme Court of India stands as a beacon
of progress, adapting to the changing times with wisdom and resilience. Likewise, this competition is
dedicated to crafting a generation of eligible lawyers and responsible citizens who will stride
confidently into the future. Just as the Supreme Court refines its mechanisms to ensure justice
prevails, this competition seeks to instil in you the skills and values required to champion justice in
every corner of society. Our moot court competitions are not mere exercises; they are crucibles
where your legal acumen is forged, where your advocacy talents are honed, and where you cultivate
the ethical compass that guides you through your legal journey.
Lastly, we sincerely hope that the 10th Edition of the National Moot Court Competition 2023 serve
as a reminder to march forward without any fear or hesitation. Remember not to stay stagnant
attempting to accumulate enough information to reveal the perfect moment before moving or taking
a step forward. As this is futile, for making the 'right decision' is impossible, as one cannot assess the
endless consequences that follow.We all walk with the fear of unknown. For one instance, we may be
blessed - the next we may not. So, ask not what is right, as you can never know, forever remaining
stationary as your mind malfunctions from information overload. Instead, momentarily calculate,
take the step ahead, embrace the development, and learn from experience. Whether you're a first-
year law student or a seasoned scholar, this competition promises to be a crucible of learning. IMS
Unison University brings to you an avenue to embark on a transformative journey that will shape
your legal acumen and ignite your passion for justice.

We look forward to hosting you.

We look forward to hosting you.

In anticipation,

Arpit Garg & Jaishree Bhadauria,

Student Conveners,
Moot Court Society
,
School of Law,
IMS Unison University, Dehradun
 Key Dates :

Events Dates

Registration Opening 30th August, 2023

Last Date of Registration 26th September, 2023

Last date of submission of

2nd October, 2023
soft copy of memorials

Last date of submission of 09th October, 2023

hard Copy of memorials

Inaugural, draw of lots,

Exchange of Memorials,
Compendium Submission & 09th October, 2023
Researcher Test
Preliminary Rounds, Quarter
10th October, 2023
Finals & Semi Finals
Final Round & Valedictory
Ceremony 11th October, 2023
 RULES AND REGULATIONS
I. ELIGIBILITY
The Competition is open for students pursuing three/five-year L.L.B. Degree Course from
recognized Law College/University in India, subject to fulfilment of the registration formalities.
The participants are inclusive of L.L.M. students as well.

II. TEAM COMPOSITION

Each team shall consist of maximum of three members (Two Mooters and One Researcher). All
participants are mandatorily required to carry their University/College ID Cards during the
competition.

III. DRESS CODE

Inside the court room, the participants shall be in formals.
Female(s): White salvar and kurta/ White Shirt, Black Trouser & Black Tie along with Black Blazer
and Black Shoes
Male(s): White Shirt, Black Trouser & Black Tie along with Black Blazer and Black Shoes

*Note: non-adherence to the prescribed dress code shall attract penalties.

IV. REGISTRATION
To confirm participation, teams of every Institution should register themselves as per schedule
mentioned here in above. The registration process consists of the following two steps:

Step 1: Each team is required to fill the details in the Google Form for the purpose of
registration. The link – h ps://forms.gle/7FTrmVXGCf7a85yP9

Step 2: Each team is required to send the scanned copy of the NEFT/IMPS/UPI transaction details
to e-mail ID – sol.mootcourt@iuu.ac by September 26, 2023. Subject of the mail should the bear
“Registration for IMS UNISON UNIVERSITY 10th National Moot Court Competition 2023”.

REGISTRATION FEES
Registration fees for the participants is as under (including GST) : 6000

Details for Payment through e-mode such as NEFT/IMPS/UPI are as under:

ªBeneficiary Name : IMS Unison University

ªAccount No. : 15262191003778
ªBank : Punjab National Bank
ªIFSC Code : PUNB0152610
ªBranch : Makkawala, Dehradun
V. RESEARCHER’S TEST
There shall be a Researcher Test on 09th October 2023, and it shall be mandatory for all the
researchers to take part in this competition. Best Researcher shall be adjudged by the marks obtained
in the researcher test. However, the marks of the “Researcher’s Test” shall not be added to the
mooting marks of any team.

NOTE : In case of draw, the marks of memorial shall be taken into consideration.

VI. ROUNDS
Preliminary Rounds – 25 mins per team (Maximum time for one speaker 15 minutes)

Quarter Finals – 25 mins per team (Maximum time for one speaker 15 minutes)

Semi Finals – 30 mins per team (Maximum time for one speaker 20 minutes)

Final Round – 45 mins per team (Maximum time for one speaker 30 minutes)

NOTE: Rebuttal (if available) shall be inclusive in the total time allotted to the team.

The Moot Court Society shall have the exclusive right pertaining to all, and any issues related to the 10th National
Moot Court Competition. The decision of the Moot Court Society shall be nal, and binding and no team or
participant whatsoever shall have any right to challenge the same.
VII. MEMORIAL AND MARKING EVALUATION:
Each team must send their 5 set of hard copies of each side of memorial i.e.,10 Petitioner/
Appellant and 10 Defendant/ Respondent.

NOTE

1. In no case, the page limit for Annexure should exceed 10 A4 size pages.

2. Any issue or pleading, not discussed within the Memorial, shall not be included in any
other section of the Memorial.
3. Counsels are allowed to frame issues within the given facts in the moot proposition only.

4. Counsels are not allowed to introduce additional facts.

5. The font of the body of the memorial should be Times New Roman, Size 12, line spacing 1.5
&headings should be 14. Bluebook 20th edition must be strictly adhered to for citations. Font
Size of the cover page may be 14 or 16.
6. Memorials should have one (01) inch margin on all sides of each page.

7. Pages should be numbered at the bottom middle.

8. The memorial should not contain any photographs/ sketches/ affidavits etc. Once the
Memorials have been submitted, no revisions, supplements or additions shall be allowed.

9. Only the memorials received within the prescribed time schedule shall be evaluated by
theMemorial Evaluation Committee (MEC) constituted by the Moot Court Society, IMS
UnisonUniversity, Dehradun.

The evaluation will be done on the following parameters:

S. No. Criteria Maximum Marks

1. Knowledge of Facts & Law 25

2. Extent and Use of Research 25
3. Proper and Articulate Analysis 20
4. Clarity and Organization 10
5. Correct Format and Citation 10
6. Grammar & Style 10
VIII. CODE OF CONDUCT
COURT MANNERS (ORAL ARGUMENTS)

1. The language for the Moot Court Competition shall be English only.
2. Any form of communication between the Bar and by any person other than those on the
Bench is completely prohibited, and any indulgence in the same shall result in a penalty.
3. Submission of any written material other than the memorials and any other documents related
to the proposition in hand to the Bench prior to, during or after oral arguments is not allowed
and any indulgence in the same shall result in a penalty.
Failure to deliver an oral argument shall be considered in entirely, a disqualification.
4. Use of any kind of electronic devices like laptop, mobile, Tablets etc. is strictly not allowed
during the moot proceedings.
6. All participants are expected to maintain the decorum of the Court during the online
competition and are expected to conduct themselves in a manner befitting the legal
profession.

SCOUTING:

Teams will not be allowed to observe the rounds of any other teams. Scouting in any form is strictly
prohibited. Scouting by any of the team members will result in immediate disqualification. The
decision of the organizer shall be final and binding in this regard.

CHEATING, INTIMIDATION AND MISCONDUCT

1. Cheating or using of unfair means of any kind is strictly prohibited and if found indulged in,
shall result in disqualification of the team.
2. Intimidation in any form is prohibited and if found indulged in, shall result in disqualification
of the team.
3. Misconduct, whether behavioural or otherwise, is not allowed and any indulgence in the same
shall result in disqualification of the team.

NON-COMPLIANCE WITH THE RESULT OF THE MOOT COURT SOCIETY

The participants are required to comply with the rules formulated by the Organizing Committee
during the Moot Court Competition. In case of any non-compliance with the rules of the Moot Court
Society penalty may be imposed by deduction of marks and the teams may also be disqualified after
they have been warned once.

PENALTY

The penalties shall be levied as under for non-adherence to competition rules:

1. Penalty for non-adherence of memorial guidelines

2. Late submission beyond the stipulated time period will attract 2 points penalty per memorial
for each day of delay.
3. The memorial exceeding maximum number of pages i.e., 40 A4 size pages shall attract 5
points penalty.
4. Introduction of additional facts in the memorial shall attract 5 points penalty per additional
fact.
5. Use of incorrect font or font size, use of inconsistent size, improperly formatted index of
authorities or improper line spacing shall attract 5 points penalty. Failure to include all parts
of the memorial, or inclusion of an unremunerated part, substantive legal argument outside
of approved sections of memorial, excessive length, failure to include necessary information
on the memorial cover, inclusion of any identifying mark, character or text in the memorial
shall attract 5 points penalty.
6. Exceeding prescribed time limit to a team for the oral rounds may attract up to 5 points
penalty as per the discretion of the presiding judge.
7. Penalty for misconduct during Pleadings.
8. Any form of communication between the Bar and by any person other than those on the
Bench is completely prohibited, and any indulgence in the same, shall result in a penalty point
of 1 mark per communication.
9. Submission of any written material other than the memorials and any other documents related
to the proposition in hand to the Bench prior to, during or after oral arguments is not allowed
and any indulgence in the same shall result in a penalty point of 5 marks.
10. Non-adherence to the prescribed dress code shall attract penalty of 5 marks per member of
the team.

DISQUALIFICATION

Notwithstanding anything written as a part of the above-mentioned rules, following shall result in
disqualification of the team in entirety.

The hard copies must be exact print outs of the soft copies. Non-compliance with this rule would
entail disqualification.

In addition to this following shall lead to disqualication:

 1. Use of Electronic Devices like Mobile, Laptop, Tablets etc
2. Scouting
3. Misconduct with the judges or with the members of the Moot Court Society
4. Any act which is not found befitting the standards of Legal Profession

DISPUTES

Any dispute about the Moot Court Competition shall referred to the Moot Court Society, before the
end of the competition. The decision of the Moot Court Society shall be final and binding.

IX. FOOD & TRAVEL

1. Transport services shall be provided by the organisers from a pre-decided stop to the ‘Venue’.
(IMS Unison University, Dehradun).
2. Breakfast, Lunch and High-tea and dinner is inclusive in the following event (as per itinerary).

AWARDS AND CERTIFICATES

CATEGORY CASH PRIZE / CERTIFICATES

WINNER Rs. 21,000- Cash Prize with certificate.

Along with certified online course by LawyersClubIndia
-
Runner up Rs. 11,000/- Cash Prize with certificate.
Along with certified online course by LawyersClubIndia

Best Mooter Male Rs. 4000/- Cash Prize with certificate.

Along with certified online course by LawyersClubIndia

Best Mooter Female Rs. 4000/- Cash Prize with certificate.

Along with certified online course by LawyersClubIndia

Best Researcher Rs. 4000/- Cash Prize with certificate.

Along with certified online course by LawyersClubIndia

Best Memorial Respondent Rs. 3500/ - Cash Prize with certificate.

Best Memorial Petitioner Rs. 3500/ - Cash Prize with certificate.

NOTE:
1.The Awardees shall be given a Certicate of Excellence
2.The Semi-nalists shall be given a Certicate of Merit
3. A Certicate of Participation will be given to each participant.
 PATRONS

Mr. Amit Agarwal Prof.(Dr.) Gurdip Singh Brigadier (Dr) M Srinivasan (Retired) Prof.(Dr.) Ravikesh Srivastava
Chairman
Board of Governors Chancellor Vice Chancellor Pro Vice Chancellor
IMS Unison University IMS Unison University IMS Unison University IMS Unison University
Dehradun Dehradun Dehradun Dehradun

MOOT COURT SOCIETY

Prof.(Dr.) Ashish Verma

Chairman, Moot Court Society
IMS Unison University
Dehradun

Dr. Shalini Saxena Mr. Aman Gautam

Faculty Convener Faculty Co-Convener
IMS Unison University IMS Unison University
Dehradun Dehradun

Mr. Aditya Barthwal

Advisor
IMS Unison University
Dehradun

Mr. Arpit Garg Ms. Jaishree Bhadauria

Student Convener Student Convener
IMS Unison University IMS Unison University
Dehradun Dehradun

Mr. Daksh Sharma Mr. Rushabh Rajeev Tripathi

Student Co-Convener Student Co-Convener
IMS Unison University IMS Unison University
Dehradun Dehradun
 MOOT COURT SOCIETY

CONVENERS
Mr. Arpit Garg
Ms. Jaishree Bhadauria

CO-CONVENERS

Mr. Daksh Sharma

Mr. Rushabh Tripathi

EMAIL: sol.mootcourt@iuu.ac

MOBILE NUMBER :

ARPIT GARG
+91- 8521040689

JAISHREE BHADAURIA

+91 - 9179767572
Moot Court Society,

School Of Law,

IMS Unison University, Dehradun

 MOOT PROPOSITION
1. The State of Indiana is a sovereign, democratic, republic country situated in the south-
eastern part of Masia. The entire world is facing a transition from fuel ignited engines
in automobiles to battery/ electronically powered vehicles. Various Companies such as
Besla are the world leaders in the manufacture of electric vehicles. The Prime Minister
of the State of Indiana in his speech has clearly mentioned that Indiana would soon
introduce an EV Policy-2030 whereby the Indiana plans to replace all fuel ignited
vehicles by Electric Vehicles.
2. Readon Pvt. Ltd. (“RPL”), a Bumbai based company is in the business of
manufacturing of Lithium batteries used for electric vehicles, and electronic gadgets.
RPL is one of the leading companies in the market of Indiana and covers almost 56%
of the market share in Indiana. In order to meet its demand of Lithium batteries, RPL
imports Lithium from Australia.
3. Ministry of Mining and Extraction (“MoME”), Government of Indiana in the year 2005
discovered one of the largest reserves of lithium in the northern part of Indiana, which
was sufficient to fulfil the demand of Indiana for next 60 years. As soon as the news
pertaining to discovery of Lithium was circulated, all the companies dealing in
electronic vehicles and electronic gadgets started revising their contracts with the
foreign entities, including RPL.
4. In the month of August 2006, the Ministry of Energy and Power (“MEP”) announced
that all the Lithium discovered recently would be solely utilised in fulfilling the
demands of people of Indiana. MEP in collaboration with MoME launched a Special
Purpose Vehicle (“SPV”) Lithium Extractor Pvt Ltd (“LEPL”) for extracting and
mining of Lithium. All day-to-day affairs, such as finance, operations, and management
of LEPL was under the joint control of the committee headed by the Managing Director
of MoME and MEP.
5. RPL being the market leader, approached LEPL for entering into a collaboration
agreement wherein RPL would provide the technological support for extraction of
lithium. LEPL in return would provide Lithium to the RPL at subsidised prices. RPL
and LEPL entered into an agreement for the term of 25 years (“Collaboration
Agreement”). [Exhibit A].
6. Owing to the Collaboration Agreement, RPL witnessed a significant growth in its
market share, as now RPL was a lead market player and was almost fulfilling the
demand of batteries in approximately 85% electric cars which were being manufactured
in Indiana.
7. After the significant growth in the market of Indiana, RPL decided to venture into
automobile Industry with the primary object to promote the sustainable energy across
the globe. In January 2015, RPL entered into a joint-venture with an England based
automobile company SINO Automobiles Ltd and formed a SPV in the name of E-
Wheel Pvt. Ltd (“EPL”).
8. RPL infused capital of INR 1,000 Crores for developing the state-of-the-art
manufacturing facility in England, for manufacturing electric cars and electric scooters.
RPL on the official launch event of EPL, conducted a press conference. Wherein, one
of the press reporters asked the chairman of RPL about the scarcity of Lithium across
 the world and strict legal regime of Government of Indiana, with respect to the export
of Lithium.
9. The chairman of RPL, while addressing the press, very confidently stated that “In our
new venture, we are not exporting the Lithium out of Indiana. As per our arrangement
with EPL, RPL will export batteries which are manufactured in Indiana, which will
also benefit the trade corridors of Indiana and UK”.
10. The said announcement of the RPL came as a surprise to LEPL. LEPL immediately
sent a termination (“Notice”) pertaining to the Collaboration Agreement to the RPL
[Exhibit B] and stopped the supply of Lithium to the RPL with immediate effect.
11. On receiving the Notice, RPL immediately, approached the High Court of Delphi
(Commercial Division) (“Court”) for seeking following reliefs: (a) LEPL to be
refrained from terminating the Collaboration Agreement and (b) LEPL should not take
any coercive action against RPL and (c) supply of lithium should be restored.
12. The Court only granted relief (a) to the RPL vide its order dated 22.01.2020 (“Interim
Order”) Subsequently, RPL issued the arbitration notice to the LEPL and nominated
Mr. Harry Gujral as a sole arbitrator. In response to the arbitration notice LEPL did not
provide its consent to the nomination of Mr. Harry Gujral.
13. Consequently, RPL filed an application before the High Court of Delphi for the
appointment of Arbitrator. The High Court appointed Dr. Bruce Wayne as a Sole
Arbitrator. Mr. Bruce was a retired Chairman of World Energy Forum and a global
scholar. [Exhibit C]
14. As soon as Mr. Bruce was appointed, RPL immediately moved for the
extension/continuation of the Interim Order. Mr. Bruce extended the Interim Order till
finalisation of the arbitration proceedings.
15. The Arbitration proceedings was concluded on 21.03.2023. The Hon’ble Sole
Arbitrator rejected all the claims of RPL vide its Award dated 21.05.23 (“Award”) held
the following:
[Relevant Extract]
“The sole purpose of the collaboration agreement was to meet the demands of
the people of Indiana. However, RPL through EPL was diverting the Lithium
purchased at subsidised price outside Indiana in the form of supplying batteries,
which was against the intent of the Collaboration Agreement.”
16. After the passing of the Award RPL came to know about certain facts about the Hon’ble
Sole Arbitrator. RPL immediately moved to the Court for challenging the Award stating
that the Hon’ble Sole Arbitrator lacked independence and impartiality on the following
grounds:
a) Mr. Nylo Wayne, the brother of Mr. Bruce Wayne was head of MoME and MEP
in the year 2001 and 2002. Further, Mr. Nylo Wayne was also heading the team
which discovered the Lithium reserve. However, he retired from his office in
the year 2013.
b) The current Managing Director of MoE, who got appointed in the year January
2023, completed his Ph.D. under the supervision of Mr. Bruce Wayne in the
year 2010.
17. The aforesaid two grounds were not in the knowledge of the RPL at the time of
appointment of Mr. Bruce Wayne as the Arbitrator. Further, the said facts were also not
disclosed by Mr. Bruce Wayne.
18. Along with the challenge application, RPL also moved an interim application for stay
of termination notice pertaining to the Collaboration Agreement before the Hon’ble
High Court of Delphi.
19. RPL learned from its sources that LEPL in the year 2021-2022 i.e., during the pendency
of arbitration proceedings, placed an order of INR 500 Crores with M/s Magnetic
Rovers Pvt Ltd for purchasing excavators and cranes for mining of Lithium
(“Transaction”). M/s Magnetic Rovers Pvt Ltd is owned by Mr. Nylo Wayne and the
stepson of Mr Bruce Wayne.
20. RPL to fortify its claim of lack of independence of arbitrator, filed an application before
the Court for recovery of money against the Hon’ble Sole Arbitrator with respect to
cost incurred in the arbitration proceedings.
21. RPL alleged that the said transaction was overpriced and indirectly a fair share of INR
500 crore has been given to the Mr. Bruce Wayne, as he passed an award in favour of
LEPL.
22. Since all three cases, stems out from one arbitration proceedings. Therefore, the
Hon’ble High Court of Delphi (Commercial Division) decided to frame following
issues:

(a) Whether the Court can grant interim relief in favour of RPL?
(b) Whether the Court has jurisdiction to entertain legal proceedings against the Sole
Arbitrator?
(c) Whether the Arbitration Award can be set-aside on ground of lack of
independence and impartiality?
Note:

1. No issue of pecuniary jurisdiction is involved in the moot problem.

2. The laws of Indiana are pari materia to that of India.
3. Any attempt of solicitation with the Moot Court Committee or the
Draftsmen of the Moot Proposition, shall be a ground for disqualification of
teams.
4. The Moot Court Society, IMS Unison University holds the copyright of the
above-mentioned moot proposition, and any un-authorised use may invite
legal consequences.
 [Exhibit A]
Collaboration Agreement
The Collaboration Agreement is made on this 19th day of January 2007 (“Execution
Date”) at Delphi.
…………..
…………
………….
A. Whereas Based on the terms and conditions of the contract RPL has agreed to
provide the technical support for extraction of Lithium.
B. Whereas LEPL has agreed to provide Lithium at a subsidised price.
C. Whereas RPL has agreed to use Lithium only for the purposes of fulfilling the
demand of citizen of Indiana

NOW THEREFORE, in consideration of, and subject to, the representations,

mutual covenants, agreements, terms and conditions herein contained, the mutual
benefits to be derived therefrom and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:

………

Termination Notice

Either party can terminate the Collaboration Agreement by giving 30 days written
notice.

……………..

Dispute Resolution

1. If any dispute, controversy or claim between the Parties arises out of or in

connection with this Agreement, including any question regarding its existence,
validity or termination arising out of or in connection with this Agreement the
Parties shall use all reasonable endeavors to negotiate with a view to resolving
the Dispute amicably.

2. The Parties are unable to resolve the Dispute amicably within 30 (thirty) days
of service of the Dispute Notice.

3. Any Dispute arising from this Agreement shall be referred upon the application
of any Party to arbitration as per Arbitration and Conciliation Act, 1996

4. The arbitral tribunal shall comprise of 1 (one) arbitrator.

5. The seat of the arbitration shall be Delphi, Indiana.

 [Exhibit B]

Date: 22.01.2016

To,

The Managing Director,

Readon Pvt. Ltd.,

New Delphi.

SUBJECT: TERMINATION NOTICE WRT TO THE COLLABORATION

AGREEMENT

Sir,

1. We have learnt that recently you have made an endeavor to enter into an
automobile sector for manufacturing and selling electric vehicles and you
have also launched your facility in England.

2. Recently, newspaper articles reveal, while addressing the gathering, you

have made a claim of surplus Lithium at your disposal, which we believe
that the same is procured by virtue of the Collaboration Agreement.

3. At the time of signing of the Collaboration Agreement it was made clear to

you that Lithium is to be solely used for meeting the demands of citizens of
Indiana. However, it appears that you are diverting the same for your own
motives and in clear breach of the Collaboration Agreement.

4. Your actions of yours are not in good spirit and co-operation. Therefore, we
are constrained to issue the present termination notice. You are requested to
give your representation to the undersigned within 15 days of receipt of the
present notice as to why LEPL should not terminate the present
Collaboration Agreement.

Yours Sincerely

Executive Director

LEPL, Delphi
 [Exhibit C]
DISCLOSURE AS PER SIXTH SCHEDULE, SECTION 12(I)(B) OF THE ARBITRATION
ACT

Prof (Dr.) Bruce Wayne

University of Falcon
Expert Valuer Extraction of Minerals
Advisor Indianana- UK Energy Corridor
Ex- Chairman World Energy Forum
Permanent Res. Add: 1/3 Pentagon Square, Beverly Hills, Chennai,
To whosoever it may concern
- I have been appointed to act an arbitrator in dispute between RPL v. LEPL.
- I do not have any conflict with either of the parties.
- I am ready and willing to dedicate the time and effort for adjudication of the present
dispute.
- I will act with utmost independence, impartiality, and fairness.
- I will apprise the parties if during the course of proceedings any circumstances arises,
which can in any manner create a justifiable doubt.
Number of appointments (Domestic Arbitration) 24
Number of appointments (International Arbitration) 34
Number of pending arbitrations 6
Acted as president in arbitrations 42

Drafted by:

Ankit Singh & Aditya Barthwal

Advocate, High Court of Uttarakhand at Nainital
Drafter’s Note:
-The present moot problem is drafted for educational purposes only.
TRAVELLING PLAN

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 DECLARATION BY THE TEAM MEMBERS

We hereby certify that the information given by us is true and complete in

all material respect.
We also undertake to abide by the Rules & Regulations of the Moot Court
Competition.

Signature Signature Signature

Speaker 1 Speaker 2 Researcher

DATE : _________ Seal and Signature of

Dean/HOD School of Law