The Results are here!

Best Team - Jindal Global Law School

Runners-up for Best team - NLU Jodhpur

Best Memo - CNLU Patna

Best Speaker in the Preliminary Rounds - Samhith Malladi, Jindal Global Law School

The Best team receives books courtesy of Eastern Book Company, internships at Nishith Desai Associates and an online subscription to ICC's arbitration material.

Congratulations!

Thank you for keeping track of the moot through this LiveBlog, please stay tuned for complete tabs (memo and speakers). We'll also be posting photos from the event shortly. 

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The Claimant (NLUJ) presents a packed and quick-paced rebuttal which effectively cements their position and the speaker it's amazing to see how artfully so much matter can be packed in 3 minutes. The Respondents (Jindal) on the other hand present a two-point surrebuttal pertaining to arbitratility of fraud and consolidation of  claims. The final round of NLSIAM 2014 now comes to an end. 

Please stay tuned for the Valedictory Ceremony. We will be posting the awards by 6 pm. 

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Justice Ramasubramaniam examines the counsel's submissions by asking whether public policy and security policy change every 5 years? The speaker makes ample references to the fact-sheet and analyzes it to the Justice's satisfaction. Good going! Respondent, finally, wraps up submissions.

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Counsel very ably is able to answer questions posed and proceeds further. Ms. Tee interjects with another question pertaining to the connection between the claimant and the security system, Mr, Tirado joins in with another query regarding the standard of proof that ought to be applied in this instant case. Counsel regains her confidence and engages with both queries commendably.

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Ms. Tee and Justice Ramasubramaniam joins in on "roasting" the counsel on this issue pertaining to the nature of the security system and counsel presents a two-fold argument. On being subjected to further heat, counsel pleads that the "second argument is merely a backup (sic) to the first one!" :D

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Second counsel begins her submissions on a very confident note as she resorts to an analysis of facts to examine her issues. She points out a "dealbreaker" in the security system that is the bone of contention and seems to be quite distressed that the panel is not quite satisfied. To fix this situation, she resorts to an armada of case-law. Mr. Sondhi grills the counsel on question pertaning to the exlusive nature of the contract.

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Counsel, now on discretionary time, proceeds on a calm note and rattles off case-law. His 'flow' is interrupted by Ms. Tee & Justice Ramasubramaniam & Mr. Nair in quick succession on question pertaining to the illegal nature of the contract. Counsel seems to have answered them quite ably.

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Quite a shocker as Jindal (claimant) claims ignorance pertaining to the landmark case regarding cooling-off periods in BITs. The panel seems quite concerned at this development as counsel moves on to his next submission pertaining to consolidation of claims. 

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Mr. Sondhi keenly points out a flaw in the counsel's submissions. It seems that the respondents have no recourse available to them if the arbitrators were to grant them the remedies that they have asked for. Moreover, Justice Ramasubramaniam points out that the claimant doesn't exist anymore, since the trust stands dissolved! Jindal seems to be in quite a sticky situation right now.

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We said it too soon! A barrage of questions comes forth from Ms. Tee and Justice Ramasubramaniam regarding profit-making ventures being undertaken by state enterprises. Counsel is unfazed as he very ably answers these questions. Very good!

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The speaker seems to be well-armed with caselaw and the panel seems content. So far, so good.

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Claimant (NLUJ) wraps up their submissions and Respondent (Jindal) opens submissions on a measured tone. All the best!

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As counsel wraps up arguments on behalf of the claimant, Mr. Nair asks basic questions pertaining to the seat of arbitration and law applicable. Ms. Tee follows up on that point by asking about the distinction between the procedural and substantive law applicable. 

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The second counsel from claimant begins his submissions on a  calmer and much more relaxed note. He begins submissions with respect to the admissibility of blogposts as evidence by the arbitral tribunal. Ms. Tee asks some pertinent questions pertaining to this issue which are ably handled.

As counsel moves on to his next submission, Justice Ramasubramaniam questions the counsel whether an arbitral tribunal is infact empowered to examine the constitutionality of laws. Mr. Sondhi follows up with another question on the correct procedure to contest constitutionality and is joined Mr. Nair who asked the counsel pertaining to the variety of law applicable - domestic constitutional, contractual or international law. Before the counsel is able to collect his thoughts, Mr. Nair answers the question posed by stating that international law, which is applicable, is not concerned with which branch of the State performed the act and therefore, "it is an easier argument to make".

Oh boy.

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A volley of questions is on its way for the speaker, as Judge Ramasubramaniam asks a fairly basic question pertaining to the effect of fraud on the Indian Contract Act. Speaker pleads ignorance (?!). In an attempt to recollect himself, he realises that he has overshot his time and asks for 5 minutes of discretionary time which is duly granted.

As he hands over the floor to his co-counsel, Mr. Nair intervenes with one last question regarding why fraud may not be arbitrated by this panel. Counsel zips through the answer and hands the floor over.

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Two questions in quick succession pertaining to nationality of the investor and cooling-off period of the BIT by Mr. Tirado & Mr. Nair respectively. The speaker seems to falter, however he does get back up and answer the questions posed. It seems that the 30 minute time limit is really testing the teams here!

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The speaker glides on to his next issue pertaining to the identity of the investor and investment. The panel (and this liveblogger) is really straining itself to comprehend the speaker as he progresses the break-neck speed. Nevertheless, the panel seems satisfied and no questions seems to be in the offing.

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As the speaker progresses to his second issue, Mr. Sondhi raises questions pertaining to Government Contracts and Article 299 and whether the contract was in compliance with constitutional provisions. Counsel seems to falter and is corrected by the panel. Keep it steady NLUJ!

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The final round now commences, with the Claimant (NLU Jodhpur) opening their submissions. The first speaker outlines that he will engage with issues of consolidation of investment and commercial arbitration & dealing with fraud in arbitration proceedings. Ms. Tee asks the speaker to clarify whether 'consolidation' is merely putting two claims together. The speaker very deftly handles the question.

Mr. Sondhi also intervenes and asks about the nature of claim and whether they are mutually exclusive. The speaker makes ample references to the fact-sheet. Mr. Sondhi seems to be satisfied with the answer.

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We now have our finalists. Best of luck to NLU Jodhpur and Jindal Global Law School as they present their case before an illustrious bench comprising Mr. Joseph Tirado (Co-chair, International Arbitration Group, Winston & Strawn LLP), Ms. Sylvia Tee (Director, Arbitration & ADR, ICC Singapore), Justice V. Ramasubramaniam of the Madras High Court, Mr. Aditya Sondhi (Advocate, Karnataka High Court) and Mr. Promod Nair (Partner, J. Sagar Associates).

The teams are busy preparing for what is set to be a highly interesting and gripping round. We'll be posting updates of the final round which commences in another 15 minutes.

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After an intense quarter final round, the following teams have made the break for the semi-finals.

Congratulations!

1. NLU Jodhpur
2. Amity Law School (GGSIPU, Delhi)
3. Jindal Global Law School, Sonepat
4. GNLU Gandhinagar

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Hello and welcome to the 7th National Law School International Arbitration Moot - 2014's LiveBlog on LegallyIndia.com!

We will be bringing to you live, real-time updates of the quarter-finals, semi-finals and final round, all of which are being held today on the NLS Campus from 9.15 am onward.

The Preliminary Rounds were held yesterday with 26 teams battling for 8 quarter-final spots. We'd like to congratulate the following teams for making the break!

In descending order of preliminary round scores:-

1. Amity Law School (GGSIPU, Delhi)
2. NUJS Kolkata
3. NLU Jodhpur
4. NLU Odisha
5. Jindal Global Law School, Sonepat
6. CNLU Patna
7. GNLU Gandhinagar
8. RGNUL Patiala

On the sidelines of the moot, the 3rd NLS International Arbitration Conference - 2014 was organised at The Chancery Pavilion, Bangalore. The theme for the 2014 conference was based on this year’s moot problem which pertained to International Commercial Arbitration & Investment Treaty Arbitration and the commonality of their adjudicative models and differences of purpose.

The conference was witness to highly relevant and interesting presentations on contemporary issues by several practioners and scholars of arbitration law including Mr. Promod Nair (Partner, J. Sagar Associates), Prof. Prabash Ranjan (South Asian University), Prof. Anirudh Rajput (Indian Law Institute), Mr. Anirudh Krishnan (Founding Partner, AK Law Chambers), Mr. Shreyas Jayasimha (Founding Partner, Aarna Law), Ms. Shalaka Patil (Associate, Nishith Desai Associates) and Ms. Sylvia Tee (Director of Arbitration & ADR, ICC).

The panel was moderated by Mr. Aditya Kumar (Associate, Amarchand & Mangaldas). The audience comprised of noted dignitaries such as Mr. Joseph Tirado (Co-chair, International Arbitration Practice at Winston & Strawn LLP) and Mr. Vyapak Desai (Partner, Nishith Desai Associates).

Prior to the moot, on the 18th, the ICC organised a 'pre-moot' Young Arbitrators Forum on "International Commercial Arbitration Awards as 'Investments' under BITs", which is also one of the issues in this year's NLSIAM problem as well. Mr. Joseph Tirado (Co-chair, International Arbitration Practice at Winston & Strawn LLP) delivered the key-note address which was followed by an engrossing interaction with a panel comprising Mr. John Gaffney (Senior Associate, Al Tamimi, Abu Dhabi), Mr. Shreyas Jayasimha (Founding Partner, Aarna Law), Mr. Chakrapani Misra (Partner, Khaitan & Co.) and Ms. Sylvia Tee (Director of Arbitration & ADR, ICC)

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The 7th NLS International Arbitration Moot Court Competition & Conference - 2014 is proud to be sponsored and supported by the International Court of Arbitration at ICC, Nishith Desai Associates, BMR Legal, Nani Palkhivala Arbitration Centre and Eastern Book Company.